ILNews

Inmate’s public records request denied

Back to TopCommentsE-mailPrintBookmark and Share

An inmate at the Pendleton Correctional Facility was unable to identify with reasonable particularity the records he sought from the Fort Wayne Police Department, the Indiana Court of Appeals concluded Wednesday. The case also allowed the judges for the first time to address “reasonable particularity” under the Access to Public Records Act.

Michael Jent, a convicted child molester, sought in 2009 daily incident report logs of crimes committed from Jan. 1, 2001, through Dec. 8, 2005, dealing with specific crimes and specific descriptions of a perpetrator. Sgt. Andrew Bubb with the Internal Affairs Unit of the city of Fort Wayne wrote Jent and said that the police department’s software “won’t facilitate the production of any kind of list with the parameters you specified.”

Jent then filed a complaint with the Indiana Public Access Counselor. The PAC issued an advisory opinion saying the department must make available for inspection and copying the information required to be maintained in the daily log, except for any information that falls under the investigatory records exception.

Jent sought declaratory and injunctive relief, and the trial court granted summary judgment for the FWPD.

The appellate judges noted they have never interpreted the “reasonable particularity” requirement under the APRA, but in the context of discovery rules, a requested item fits the designation if the request enables the subpoenaed party to identify what is sought and enables the trial court to determine whether there has been sufficient compliance with the request.

Jent’s request describes the records he wants in some detail, but that detail doesn’t satisfy the “reasonable particularity” requirement, the COA concluded. The FWPD was unable to fulfill his request using the search parameters Jent provided due to the software used to maintain the logs. The judges also found Jent’s reliance on the PAC advisory opinion to be misplaced because the opinion misconstrued the letter from Bubb.

“Jent did not designate any evidence showing a question of material fact on whether the FWPD had the capacity to locate the records using the search parameters set out in his request. Accordingly, it is undisputed that the FWPD was entitled to summary judgment on the basis that Jent’s request did not conform with Indiana Code Section 5-14-3-3(a)(1),” the appellate opinion states.  
 

 

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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT