Illegal Detainment In Bridgeport?

SPOProds said:

Thanks Citizen, CT's maximum charge is .50 per page. I will be specific though to keep my costs down. I will be requesting a fee waiver in the FOIA request as well. Not sure how often waivers are granted but it's worth a shot.

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Something else, too.

Be very neutral in your phrasing; no hostility. For example, if you write "Any record that lets some power-tripping cop just up and illegally demand an open carrier conceal his pistol", it just alerts the PD to trouble on the horizon. And, the police might use it as a justification to start an internal affairs investigation into your incident. I'm betting many states exempt from release information related to an ongoing investigation. Suddenly your FOIA is dead in the water at least until the internal affairs investigation is over, and who knows how long that can be dragged out. Cops have pulled this one before; I'm not making this one up.

In fact, lemme see if I can find something for you.

SPOProds,

Check out this thread from years ago. Lots of advice on FOIAs

http://forum.opencarry.org/forums/showthread.php?60096-Freedom-of-Information-Requests-in-VA&

I thought about it a bit as I was trying to sleep.

Something to the effect of - copies of all communications mentioning the address dated not more than 24 hours after the incident, all communications to, from or about the officer similarly dated, all communications referencing the requester similarly dated.

http://sunshinereview.org/index.php/Connecticut_Freedom_of_Information_Act

IMHO: File a formal comlaint, do not sue (or threated to sue) at this time. Keep copies of everything..the police report (if any) your complaint, and their response. If officer friendly (or anyone else on that Police force) gives you ANY more problems, file another, and keep record....if they do it a third time you can show a pattern of abuse, harassement...then you sue...and you and your lawyer both walk away smiling.

hermannr said:

IMHO: File a formal comlaint, do not sue (or threated to sue) at this time. Keep copies of everything..the police report (if any) your complaint, and their response. If officer friendly (or anyone else on that Police force) gives you ANY more problems, file another, and keep record....if they do it a third time you can show a pattern of abuse, harassement...then you sue...and you and your lawyer both walk away smiling.

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File the formal complaint AFTER you have your materials in hand in response to you FOIA request and have reviewed it. Filing the complaint first MAY result in your request being denied due to potential litigation or disciplinary actions.....

JMO!

Get a lawyer to watch your video and let him decide on the proper course of action. These days it is unlikely that you will gain substantive redress of wrongs. But, a letter (your formal complaint) from a lawyer to the LEA will carry more weight with the LEA than you writing it. Might be worth the price and you will have a example for future use that is tailored to your jurisdiction.

As to the FOIA, go ahead and get whatever you can, as stated earlier, before you submit the complaint. BUT!!! Make sure that your complaint is timely. LEAs are notorious about dragging their feet on FOIAs. In some states, I believe, there are minimum standards, statutes, that address FOIAs and what 'should' happen and what happens when government drags their feet. Look those up. If your FOIA request complies with statute and the LEA does not comply with the statute then you have more 'ammo'. The LEA is demonstrating a systemic problem with complying with statute.

Good luck and keep the video to yourself....and your lawyer....for now.

SPOProds said:

Thanks Citizen, CT's maximum charge is .50 per page. I will be specific though to keep my costs down. I will be requesting a fee waiver in the FOIA request as well. Not sure how often waivers are granted but it's worth a shot.

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In CT they routinely want to charge fifty cents per page, because they are idiots. Just ask to view the documents and bring a scanner with you (in CT they are required to allow you to use a scanner).

Or you can go through the FIC .. it will take about 6 mo. for them to hear your case...you go through a mediator first so you may be able to get it resolved there.

I like the viewing and scanning method myself...or don't pay for the documents received unless they lower the price.

Really? Carry a scanner for a few pages? Time for me is money. I agree if you're getting tons of data, go ahead and bring a scanner. But this can't cost much.

Investigation or not, he can still file FOIA requests for information pertaining to his case. Otherwise, nobody would be able to sue police departments for wrongdoing because they won't be able to prepare a case!

Jonathan

KIX said:

Really? Carry a scanner for a few pages? Time for me is money. I agree if you're getting tons of data, go ahead and bring a scanner. But this can't cost much.

Investigation or not, he can still file FOIA requests for information pertaining to his case. Otherwise, nobody would be able to sue police departments for wrongdoing because they won't be able to prepare a case!

Jonathan

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You never know what the result of a FOIA request will be ... I always (if I am willing to pay) limit the request to a dollar amount and if over, call.

And if they charge $0.50/page .. then I don't pay -- I tell them that that is the MAXIMUM , not the set amount. The amount is the actual cost to photocopy, w/o labor. If they still want their $0.50/pg then I choose 1 of 2 routes: 1) don't pay (go this route if I'm certain I'll never ask anything more from them) or 2) file complaint with FIC ... always gets resolved prior to a hearing being needed.

A scanner is a good method , some states don't allow scanning; CT is not one of them.


Oh, time period for administrative hearing on FOIA case (beginning to end result): about 12 to 18 months. Its terrible.

The key is to specifically narrow down what you are looking for. XX officer at 12:00-13:00 hours is very specific.... it if was indeed his lunch break, then even more so.

I haven't needed to push FOIA beyond a letter or a verbal request yet. Funny, when I ask for something and they say "no" and I say I am making a verbal request under the state freedom of information act and then get a "no" again. I then follow up with I'd like to speak to your freedom of information compliance officer..... then I usually get stuff "tossed" at me just to get me out of the door. Funny..... and sad, really.

Jonathan