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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. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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