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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. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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