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Court rules in favor of police department on inmate’s request for records

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The inmate who filed a public records request with the Indianapolis Police Department nearly nine years ago lost his case on appeal before the Indiana Court of Appeals Wednesday.

John Lane-El was convicted of a sex crime that occurred in 1992 and was incarcerated when he filed his request in 2006 for public records with the Indianapolis Police Department under the Indiana Access to Public Records Act related to his criminal case. The police department did not initially respond to his request, and later, after a court order, produced only a redacted incident report. The city of Indianapolis’ public access counselor Lauren Toppen sent Lane-El the letter responding to his request, telling him that everything else was exempt from disclosure because it was compiled in the course of an investigation.

IPD eventually filed a motion to dismiss and Lane-El filed a motion for summary judgment. The trial court ruled in 2013 in favor of the defendants and denied Lane-El’s motion for in camera review of the requested public records.

The Court of Appeals found the lower court erred in determining that IPD is not a public agency subject to the APRA and therefore not a proper party for the lawsuit. The police department qualifies as a law enforcement agency, so it fits the Act’s definition of “public agency.” The trial court also erred in determining that then-Chief of Police Michael Spears was not a proper party and concluding he was immune from suit under the Indiana Tort Claims Act. But Lane-El’s complaint does not allege a type of loss applicable to the ITCA, the judges found. They also found the chief is not a proper party to the suit because the APRA does not authorize an action to compel records against an individual.

The trial court did not abuse its discretion in granting the police department’s cross-motion for summary judgment because the public records Lane-El requested were “investigatory records” that were exempt from the APRA at IPD’s discretion. The judges rejected Lane-El’s argument that because the records were more than 20 years old and not part of an active investigation, they should be released.

They also found the trial court did not commit clear error in denying his motion for in camera review.

The case is John Lane-El v. Michael Spears, in his official capacity of Chief of Police, and the Indianapolis Police Department, 49A05-1306-PL-289.

 

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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