CBP excessive force data (CBP)

Shawn Musgrave filed this request with the United States Customs and Border Protection of the United States of America.

It is a clone of this request.

Tracking # CBP-2015-042324
Due Sept. 10, 2015
Est. Completion None
Status
Awaiting Response

Communications

From: CBPFOIA@cbp.dhs.gov

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2807f9e7c)
* Tracking Number: CBP-2015-042324
* Requester Name: Shawn Musgrave
* Date Submitted: 07/14/2015
* Request Status: Submitted
* Description:
The database of possible excessive use of force allegations underlying the DHS OIG's report ("CBP Use of Force Training and Actions To Address Use of Force Incidents," http://www.oig.dhs.gov/assets/Mgmt/2013/OIG_13-114_Sep13.pdf).
From the report: "To determine the universe of excessive force investigations involving CBP employees, we received data sets from OIG and JICMS that included more than 21,000 records of possible excessive force allegations."

From: Shawn Musgrave

Submitted via online portal:
__________________________

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

The database of possible excessive use of force allegations underlying the DHS OIG's report ("CBP Use of Force Training and Actions To Address Use of Force Incidents," http://www.oig.dhs.gov/assets/Mgmt/2013/OIG_13-114_Sep13.pdf).

From the report: "To determine the universe of excessive force investigations involving CBP employees, we received data sets from OIG and JICMS that included more than 21,000 records of possible excessive force allegations."

Given that this FOIA is submitted in my capacity as a journalist who has covered CBP extensively, I request that I be categorized as a media requester for the purpose of fees. Here is a selection of my published articles on MuckRock to substantiate my claim that I should be categorized as a media (as opposed to "commercial" or "non-commercial" requester) for the purpose of fees:

https://www.muckrock.com/news/archives/2015/jan/12/how-843-lbs-seized-pot-lead-customs-and-border-pro/

https://www.muckrock.com/news/archives/2015/mar/03/us-marshals-service-conceal-key-details-millions-s/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/12/fbi-and-justice-department-cant-find-drone-privacy/

https://www.muckrock.com/news/archives/2015/jan/22/air-force-knows-how-many-mq-9-drones-it-wants-cant/

I have also been published in a number of other national media outlets on topics pertaining to national security, law enforcement and homeland security processes:

http://motherboard.vice.com/read/the-us-spent-360-million-on-border-drones-thanks-to-this-flimsy-report

http://motherboard.vice.com/read/the-air-force-says-it-needs-precisely-52-new-reaper-drones-cant-explain-why

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://www.bostonglobe.com/metro/2013/04/08/big-brother-better-police-work-new-technology-automatically-runs-license-plates-everyone/1qoAoFfgp31UnXZT2CsFSK/story.html

www.betaboston.com/news/2014/03/05/a-vast-hidden-surveillance-network-runs-across-america-powered-by-the-repo-industry/

https://www.thedailybeast.com/articles/2015/02/05/nypd-social-media-policy-allows-catfishing-with-the-proper-paperwork.html

https://www.themarshallproject.org/2014/12/03/the-pentagon-finally-details-its-weapons-for-cops-giveaway

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://news.vice.com/article/fbi-agent-who-killed-boston-bombing-suspects-friend-was-twice-accused-of-police-brutality

As the requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com and pertains to a matter of considerable public interest, I further request a full waiver of all fees.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Shawn Musgrave

From: CBPFOIA@cbp.dhs.gov

The FOIA request CBP-2015-042324 has had its Tracking Number changed to CBP-IA-2015-042324. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number:
CBP-2015-042324
* New Tracking Number:
CBP-IA-2015-042324
* Requester Name:
Shawn Musgrave
* Date Submitted:
07/14/2015
* Long Description:
The database of possible excessive use of force allegations underlying the DHS OIG's report ("CBP Use of Force Training and Actions To Address Use of Force Incidents," http://www.oig.dhs.gov/assets/Mgmt/2013/OIG_13-114_Sep13.pdf).
From the report: "To determine the universe of excessive force investigations involving CBP employees, we received data sets from OIG and JICMS that included more than 21,000 records of possible excessive force allegations."

From: CBPFOIA@cbp.dhs.gov

Your request for Fee Waiver for the FOIA request CBP-IA-2015-042324 has been
determined to be not applicable as the request is not billable.
Additional details for this request are as follows:
* Request Created on:
07/14/2015
* Request Long Description:
The database of possible excessive use of force allegations underlying the DHS OIG's report ("CBP Use of Force Training and Actions To Address Use of Force Incidents," http://www.oig.dhs.gov/assets/Mgmt/2013/OIG_13-114_Sep13.pdf).
From the report: "To determine the universe of excessive force investigations involving CBP employees, we received data sets from OIG and JICMS that included more than 21,000 records of possible excessive force allegations."

From: CBPFOIA@cbp.dhs.gov

This FOIA request has been closed as it is a duplicate of an earlier FOIA request that you submitted.  Your earlier FOIA request will be processed in the order it was received.

From: Shawn Musgrave

Hello -

Please note that by submitting this request I am once again asserting my appropriate classification as a media requester. In this latest submission I have provided adequate representation of my publication history to support this classification.

Please confirm that I have been categorized as media for the purpose of fees for this request.

Best,
Shawn Musgrave
Reporter, MuckRock

From: Shawn Musgrave

Hello -

Checking on the below. Please confirm that I have been classified as news media for the purpose of fees for this request.

Best,
Shawn Musgrave
Reporter, MuckRock

From: Shawn Musgrave

Hello -

It has been more than a month since I requested confirmation that my fee requester status accurately reflects my position as a journalist. Please advise.

Respectfully,
Shawn Musgrave
Reporter, MuckRock

From: CBPFOIA@cbp.dhs.gov

A search of CBP databases produced records responsive to your Freedom of Information Act (FOIA) request CBP-IA-2014-046277. CBP has determined that the responsive records are partially releasable, pursuant to Title 5 U.S.C. § 552 and have applied the appropriate exemptions . You have a right to appeal our withholding determination. Should you wish to do so, you must send your appeal and a copy of this letter, within 60 days of the date of this letter, to: FOIAAppeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229-1177 , following the procedures outlined in the DHS regulations at Title 6 C.F.R. § 5.9. Your envelope and letter should be marked " FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia Please notate file number CBP-IA-2014-046277 on any future correspondence to CBP related to this request.



Given the nature of this request, some records are only being released to you as the requester. If you have an account in FOIAonline, you may access those records by logging into FOIAonline. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor. (https://foiaonline.regulations.gov:443/foia/action/public/home?objectId=090004d280384621)

From: Shawn Musgrave

Hello -

In the attached letter dated June 2014, CBP estimated that there would be more than 5,000 pages of records responsive to my request for excessive force data released to the DHS Office of the Inspector General. The responsive records sent today total 25 pages. Please advise as to this discrepancy.

Best,
Shawn Musgrave
MuckRock

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