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Inmate’s public records request denied

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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.  
 

 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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