Winn Correctional Center Coroner Reports, 2010 - 2016

Beryl Lipton filed this request with the Winn Parish Medical Examiner and Coroner of Winn County, LA.
Status
Rejected

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to the the Louisiana Public Records Act, I hereby request the following records:

All investigation reports created from January 1, 2010 through the date this request is processed pertaining to incidents originating at or individuals affiliated with Winn Correctional Center.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, 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 3 business days, as the statute requires.

Sincerely,

Beryl C.D. Lipton

From: WILLIAM CREDO 3

Dear Ms Lipton:

This email is to advise you that I represent the Winn Parish Coroner’s Office.

Your recent attempt to make a public records request by email was sent to me for response.

After due and diligent search and review of your request as written, there are no records which
satisfy your request as written for the following reasons:

1) While a corporation may file a public records request, it is the policy of the Winn Parish Coroner
to verify IN ALL REQUESTS that the person making the request is over the age of majority as required
by Louisiana law. LSA R.S. 44:31 (B) (1). Your request contained no way to verify the age of the requestor.

2) Even if you supplied a photo ID necessary to establish age of majority as required by law, the records of the
Winn Parish Coroner are recorded by last name, not place of death. As inmates may die in prison, or in a hospital
or on medical release due to age or sickness, or die upon release in general, there is no way to respond to your request as written as inmate
status could not be verified on any particular autopsy. Thus, your request is too vague for a response.

3) E mail requests are not specifically authorized by Louisiana Law. In addition to the above deficiencies, a public records
request in Louisiana is made in person or by letter on letterhead establishing that the corporation and person making the
actual request is over the age of majority.

4) Finally, your citation of three days to respond applies by law to walk in requests. Louisiana law grants a reasonable time to respond
to letter requests. FOSTER V KEM, 94-1128 (LA APP 1ST CIR 6/23/95)

For the above reasons, there are no records which satisfy your request as written.

WILLIAM “CHUCK" CREDO III
ATTORNEY
credo3120@aol.com
1900 DIVISION STREET
METAIRIE, LA 70001
(504) 382-0423 CELL

From: WILLIAM CREDO 3

Dear Ms Lipton:

Your recent two part email as your second attempt at a Public Records Request was sent to me for response.
Again you know or should know that your reference to three days to respond does not apply under Louisiana
Law to written requests by letter or email.

Please refer to my email response to you of 2/13/17 for a description of your continued failures to follow Louisiana law,
both in form and substance. Absent compliance with Louisiana law in making a Public Records Request,
the Coroner has no basis in fact or law from which to respond as outlined previously. You know or should know that without
a valid identification of the person or organization requesting any public records, no response can be made by the
Custodian.

For example, you continue to state that this request is not being made for commercial purposes.
However, let me quote your website:

"Government materials on MuckRock are available free of charge and, with some exceptions, without restriction. Filing requests through MuckRock starts at just $20 to file up to four requests <https://www.muckrock.com/accounts/signup/>, which includes advice, postage, follow up, and hosting of the materials in an easy-to-use format."

Clearly, you are a commercial enterprise which charges for its services and publishes information for commercial and non commercial purposes.

In further response, please be advised that:

1) There are no records in electronic form which satisfy any of your request as written. There is no requirement under
Louisiana Public Records Law that the records sought be put in that form. See NUNGESSER V. BROWN,
667 SO 2D 1036 (LA. 1996).

As there are no records which satisfy your request as written, there are no fees due at this time.

WILLIAM “CHUCK" CREDO III
ATTORNEY
credo3120@aol.com <mailto:credo3120@aol.com>
1900 DIVISION STREET
METAIRIE, LA 70001
(504) 382-0423 CELL

Files

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