Use of Force Reports (Department of Corrections)
| Multi Request | Use of Force Reports |
| Submitted | Sept. 8, 2020 |
| Est. Completion | Oct. 14, 2020 |
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Communications
From: Julia Rock
To Whom It May Concern:
Pursuant to the Rhode Island Access to Public Records Act, I hereby request the following records:
Copies of all reports of use of force within all prisons in the state, dated between March 1, 2020 and the date this request is processed.
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 10 business days, as the statute requires.
Sincerely,
Julia Rock
From: Department of Corrections
SENT ON BEHALF OF EXECUTIVE LEGAL COUNSEL, KATHLEEN M. KELLY, ESQ.
Dear Ms. Rock: Please see the attached which is being sent to you on behalf of Executive Legal Counsel, Kathleen M. Kelly, Esq., in response to your five (5) recent APRA requests.
Thank you.
Diane M. Gill
Office Manager
Rhode Island Department of Corrections
Office of Legal Counsel
40 Howard Avenue
Cranston, RI 02920
Phone: (401) 462.5168
Fax: (401) 462.2583
Email: Diane.Gill@doc.ri.gov<mailto:Diane.Gill@doc.ri.gov>
From: Department of Corrections
SENT ON BEHALF OF EXECUTIVE LEGAL COUNSEL, KATHLEEN M. KELLY, ESQ.
Dear Ms. Rock: Please see the attached which is being sent to you on behalf of Executive Legal Counsel, Kathleen M. Kelly, Esq., in response to your five (5) recent APRA requests.
Thank you.
Diane M. Gill
Office Manager
Rhode Island Department of Corrections
Office of Legal Counsel
40 Howard Avenue
Cranston, RI 02920
Phone: (401) 462.5168
Fax: (401) 462.2583
Email: Diane.Gill@doc.ri.gov<mailto:Diane.Gill@doc.ri.gov>
From: Department of Corrections
SENT ON BEHALF OF EXECUTIVE LEGAL COUNSEL, KATHLEEN M. KELLY, ESQ.
Dear Ms. Rock: Please see the attached correspondence which is being forwarded to you on behalf of Executive Legal Counsel, Kathleen M. Kelly, Esq., in response to your recent APRA requests.
Thank you.
Diane M. Gill
Office Manager
Rhode Island Department of Corrections
Office of Legal Counsel
40 Howard Avenue
Cranston, RI 02920
Phone: (401) 462.5168
Fax: (401) 462.2583
Email: Diane.Gill@doc.ri.gov<mailto:Diane.Gill@doc.ri.gov>
From: Julia Rock
Can I get a cost estimate just for the use of force reports, and can you extend the search window to today's date?
From: Department of Corrections
February 10, 2021
Ms. Julia Rock
Muckrock.com
requests@muckrock.com<mailto:requests@muckrock.com>
Dear Ms. Rock:
In response to your email below, please be advised that the cost estimate did not include any Use of Force reports. Use of Force Reports are not public documents pursuant to numerous provisions of the Access to Public Records Act. Pursuant to RIGL 38-2-2(4)(D)(a), all records maintained by law enforcement agencies for criminal law enforcement and all records relating to the detection and investigation of crime, including those maintained on any individual or compiled in the course of a criminal investigation by any law enforcement agency are not subject to public disclosure. These records are not public when disclosure of the records or information (a) Could reasonably be expected to interfere with investigations of criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a confidential source, including a state, local, or foreign agency or authority, or any private institution that furnished information on a confidential basis, or the information furnished by a confidential source; (e) Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or (f) Could reasonably be expected to endanger the life or physical safety of any individual.
Use of Force reports contain all such information, but in particular information described in sections (a), (c), (d), (e), and (f).
Further these reports are exempt pursuant to section (4)(K) as work product.
Lastly, these reports also contain confidential medical information which is exempt from disclosure pursuant to section (A)(1)(a) of the Act. It is possible to redact this category of information; however, due to other exemptions outlined above the reports as a whole are not subject to disclosure. Therefore, I must decline your request for this particular requested information. However, in regards to the remainder of your numerous requests, the department can produce these documents, with redactions relating to personal information, upon receipt of the previously indicated check or money order.
If you have any questions you can reach me at my email address above or by phone at 401-462-2546. Also pursuant to RIGL 38-2-4 if you are dissatisfied with this request you may seek review by the DOC chief administrator, Director Patricia A. Coyne-Fague, Office of the Director, 40 Howard Ave, Cranston, RI, 02920 or by filing a complaint with the RI Department of the Attorney General, 150 South Main St, Providence, RI, 02903, or with the Providence Superior Court located at 250 Benefit St, Providence RI, 02903.
Sincerely,
Kathleen Kelly
Executive Counsel
Rhode Island Department of Corrections
401-462-2546
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