AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Procedural: Police Records/Reports
Civilian Review
Board's "narrative report" on police shooting based on internal
affairs reports and shooting review board reports was a confidential "personnel
record" that could not be released to the public under California
law. Davis v. City of San Diego, No. D039093, 131 Cal. Rptr. 2d 266 (Cal.
App. 4th Dist. 2003). [2003 LR Oct]
Newspaper was entitled to inspect police
records relating to alleged police misconduct, including records relating
to internal investigation, except for disciplinary letter issued by police
chief to officer detailing findings of investigation. Letter was a "personnel
record" exempt from disclosure under Massachusetts state public records
law, but other documents relating to citizen's allegations of police brutality,
including police reports, witness interview summaries, and internal affairs
report were not "personnel records" protected from disclosure.
Worchester Telegram & Gazette Corporation v. Chief of Police of Worcester,
No. 02-P-1632, 787 N.E.2d 682 (Mass. App. 2003). [N/R]
Community group was entitled to access to disclosure
of city police department records pertaining to civilian complaints of
police misconduct, under Rhode Island statute, and trial court could waive
costs of retrieval and award group reasonable attorneys' fees. Police chief
was entitled however, to exclude Social Security numbers and badge numbers
of police officers against whom complaints had been received. Direct Action
for Rights and Equality v. Gannon, Nos. 99-22-Appeal, 819 A.2d 651 (R.I.
2003). [N/R]
Defendant in cocaine possession case did
not present a plausible factual basis for his claim of police misconduct
sufficient to provide good cause for discovery of confidential police personnel
files of the officers involved in his arrest. Warrick v. Superior Court,
No. B160462, 132 Cal. Rptr. 2d 810 (Cal. App. 2003). [N/R]
Police department records generated during
an investigation of an officer were exempt from disclosure under the California
Public Records Act, Ann. Cal. Gov. Code Sec. 6250 et seq., even if there
was no danger of disclosing an informants' identity or revealing investigative
techniques, based on the policy concern of ensuring "candid disclosures"
during such investigations. Rackauckas v. Superior Court, No. G030680,
128 Cal. Rptr. 2d 234 (Cal. App. 4th Dist. 2002). [N/R]
Personal e-mails sent and received by city
employees are not "public records" subject to disclosure under
Florida's public records law, F.S.A. Sec. 119.021. Times Publishing Company
v. City of Clearwater, No. 2D01-3055, 830 So. 2d 844 (Fla. App. 2d Dist.
2002). [N/R]
Freedom of information act law enforcement
exemption extended to records not originally assembled for law enforcement
purposes John Doe Agency v. John Doe Corp, 110 S.Ct. 471 (1989).
Court orders trial court to issue signed
order so that defendants can appeal decision to disclose psychological
evaluations of police in shooting case Herbert v. City of New York, 510
N.Y.S.2d 112 (A.D. 1 Dept 1987).
"Street files" ordered disclosed
Palmer v. City of Chicago, 755 F.2d 560 (7th Cir. 1985).
Traffic accident report improperly admitted
as evidence. Frias v. Valle, 698 P.2d 875 (Nev 1985).
Police officer has no private right of action
for fellow officer's disclosing his personnel record to discourage promotion.
Carpenter v. City of Pittsburgh, 484 N.Y.S.2d 284 (A.D. 3 Dept 1985).
Off-duty officer's police report not admitted;
judgment against her. Christmas v. Sanders, 759 F.2d 1284 (7th Cir. 1985).
Failure to expunge arrestee's record not
actional under Section 1983 Bird v. Summit County, Ohio, 730 F.2d 442 (6th
Cir. 1984).
Internal investigation files involving prior
complaints against officers discoverable Barfield v. City of Seattle, 676
P.2d 438 (Wash 1984).
Court orders inspection of deputy's records
of fees received for serving civil process Wiggins v. McDevitt, 473 A.2d
420 (Me 1984).
Private investigators denied weapon permits
entitled to examine sheriff's method of handling applications. Guillory
v. County of Orange, 731 F.2d 1379 (9th Cir. 1984).
Traffic accident computer tape not available
to plaintiff conducting statistical survey Mullin v. Detroit Police Dept,
348 N.W.2d 708 (Mich.App. 1984).
Past incidents can not be used to discredit
officer in assault suit. Sacramento City Police v. Superior Court, 203
Cal.Rptr. 169 (App. 1984).
Law firm granted accident reports minus names
and addresses. Scott v. City of Syracuse, 480 N.Y.S.2d 643 (Onondaga County,
1984).
Police blotter available to newspaper City
of Houston v. Houston Chronicle Pub. Co, 673 S.W.2d 316 (Tex.App. 1984).
Officers' complaints about police chief available
to newspaper under public disclosure act Columbian Pub Co v. City of Vancouver,
671 P.2d 280 (Wash App. 1983).
While a right may exist to photocopy employment
records of officers, no right exists to copy personnel identification records
Angelico v. Lee, 441 So.2d 355 (La App. 1983).
Police department's civilian complaint procedure
requiring citizens to verify their allegations against police officers
upheld Appletree v. City of Hartford, 555 F.Supp. 224 (D. Conn 1983).
Newspaper gains access to police records
on "speeders and law violators" Johnson Newspaper Corp v. Stainkamp,
463 N.Y.S.2d 122 (App. 1983).
Newspapers have right to gain access to "daily
log" and case reports Sheridan Newspapers, Inc v. City of Sheridan,
660 P.2d 785 (Wyo 1983).
Officers' personnel records can be disclosed
during his criminal investigation Tribune Co v. Cannella, 438 So.2d 516
(Fla App. 1983).
Newspaper entitled to officer's incident
report on police shooting Evening News Ass'n v. City of Troy, 339 N.W.2d
421 (Mich 1983); reversing 300 N.W.2d 667
Producer of 6O Minutes has First Amendment
rights to inspect police records Loewenwarter v. Morris, 420 So.2d 550
(La App. 1982).
Police reports of brutality not considered
personnel matters and therefore are not exempt from disclosure The Rake
v. Gorodetsky, 452 A.2d 1144 (RI 1982).
County supervisor violated privacy protection
act by obtaining investigation report in her official capacity and using
it for personal reasons Hinderliter v. Humphries, 297 S.E.2d 684 (Va 1982).
" See also: Firearms
Related: Intentional Use; Negligence: Vehicle
Related