ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT