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| Photo Courtesy: Washington Post |
Students in Karl Idsvoog's Computer Assisted Reporting class at Kent State University were assigned a specific city in the states of Ohio, Indiana, Michigan, Minnesota, Pennsylvania, Iowa, Wisconsin, etc. They were instructed to call both the university police department and the city police department to inquire about how these departments document use of force and exactly how many use of force incidents there have been in the last five years.
Some students, however, found it very difficult to obtain information regarding use of force. For example, student Rachel Godin got in contact with Michigan State University PD and the City of Lansing, Michigan PD and was able to submit a public records request. However, according to City Attorney Janene McIntyre, "Searching, complication and examination of records to prepare for a review, if done by the lowest paid capable employee, will result in estimated labor charges and necessary copying fees of approximately $21,350.00... the total charges could go higher."
TV2 Reporter Candace Monacelli also ran into a problem when talking to Cleveland State University and the City of Cleveland PD. Monacelli sent records requests to Marlise Taylor of the CSU Legal Department. After 22 days, Candace received only a partial response. Taylor informed her that only one use of force incident in which an officer fired her weapon. The CSU PD told her that the records indicated that no analysis of use of force existed. Monacelli then spoke with Plain Dealer Reporter Rachel Dissell and Dissell told her that the Department of Justice "had problems getting accurate numbers." However, after getting in contact with the Special Assistant to the Mayor of Cleveland & Press Assistant Daniel Ball was able to provide Monacelli with lethal and less lethal use of force data numbers. Monacelli concluded that "The City of Cleveland and Cleveland State University had several problems issuing public records, requesting and handling use of force within their police departments."
I experienced quite an interesting experience of my own with trying to request information on use of force.
My Story - Use of Force Records Request
For the past two months, I contacted both the University of Indiana Bloomington Police Department and the City of Bloomington Indiana Police Department to figure out how both departments handle use of force incidents.
I spoke with Officer Craig Munroe of the Indiana University Police Department Bloomington Division to figure out how their department deals with the issue of police use of force.
About a month and a half ago, I submitted a public records request, stating specifically that I was looking for the department's use of force policy. The request also stated that I was looking for the police department’s most recent analysis of use-of-force incidents from 2010-2014. After submitting my request to officer Munroe, he gave me the following response:
A week later, I received an email from Laura Buck of the Office of Indiana University Office of Vice President. She informed me via email that she provided me the use of force policy, but could NOT provide the actual records of use of force incidents from 2010-2014 subject to Indiana Public Record Law §IC 5-14-3-4(b)(1).
According to Buck, "There is no larger analysis of use of force incidents maintained by IUPD. IC § 5-14-3-4 (b)(1) provides IU the ability to withhold 'investigatory records of law enforcement agencies,' and the use of force incident reports are being withheld as investigatory records under this exception to Indiana’s open records law.
It surprised me how a University like Indiana could not disclose this information, considering records are normally kept electronically and could be easily retrieved within a matter of minutes. Public records are just what they are: available to the PUBLIC.
What I Found Regarding IUPD Use of Force
Officer Craig Munroe did inform me, however, that "IUPD has never fired a firearm at any person during the 35 years I have been with IUPD."Despite not finding exact data numbers on use of force incidents from 2010-2014, I did find some interesting information in Indiana University's Use of Force Policy.
IUPD Use of Force Policy
In the first few lines of the Use of Force Policy, it clearly indicates that officers can exert force so long as it's proportional to the amount of resistance encountered by the subject. With regard to using a weapon as means of control of force, "Officers are required by department policy to advise the shift supervisor or note in their incident report when he/she has to draw their weapon in the line of duty."
In subsection B of the Reporting Use of Force section, it said that any use of force should be documented in the case report. I found this interesting that the IUPD does have documented records regarding use of force incidents, yet can't disclose this important information to the PUBLIC.
The process of obtaining information on use of for from the City of Bloomington Indiana Police Department would prove to be an interesting story.
I got in contact with Joseph Qualters of the City of Bloomington Indiana Police Department to request information for the department's use of force policy.
Like the Indiana University Police Department, I had to submit a public records form to the City of Bloomington Police Department, which would then be reviewed by the Records Division and City Legal.
After submitting the request, Joan Manning of the City of Bloomington Indiana Police Department Records Division contacted me and told me that my request was not specific enough and did not ask for an analysis. In addition, she told me that because of the number of years of information I was seeking, it would be too time consuming and that the cost would be at least $500.
Once receiving word of this, I sent a new request to Officer Joseph Qualters on March 2nd requesting the following information:
- A copy of the police department's use of force policy
- TOTAL use of force incidents separated by year from 2010-2014
- (From Above) How many of those incidents separated by year involved an officer firing a weapon (weapon meaning handgun).
Three days later, Joan Manning was able to send me numbers on use of force incidents from 2010-2014 as well as the City of Bloomington Police Department's Use of Force Policy.
What I Found Regarding City of Bloomington PD Use of Force
According to the City of Bloomington Indiana Police Department's Use of Force Policy, "Use of Force" means:
1. An officer using any body part or object to strike a person.
2. An officer discharging a firearm.
3. An officer using any type of pain compliance technique, strike or come-along
hold on a person.
The policy also states that officers shall not discharge their weapon for any purpose unless for "defense of human life or defense of any person in immediate danger of serious bodily injury."
When reporting use of force, those reports must indicate why force was necessary, what force was used and must also include any follow-up action or treatment used or needed as a result of use of the force.
As far as the number of incidents from 2010-2014, I was surprised at the vast number of incidents being reported.
Joan Manning, City of Bloomington, Indiana PD Records Division Supervisor, gave me the following numbers regarding use of force incidents from 2010-2014:
The numbers above indicated an increase of 174 to 283 use of force incidents from 2010-2012. However, the last two years has seen a slight decrease in use of force incidents (283 in 2012, 227 in 2013, 239 in 2014). Over the course of the last five years, there has been an average of one case of use of force involving a weapon fired.
To get a more in-depth understanding of use of force, I recently spoke to Retired LAPD Officer and Use of Force Expert Greg Meyer.
Here is an exclusive interview of what Mr. Meyer had to say regarding use of force:
Use of Force & Request for Public Records - Lessons Learned
From this use of force reporting project, a lot can be said about how important this issue of use of force is in the public eye. As Greg Meyer mentioned in the interview, it is important for people to learn the process of police use of force and the powers that the police have as stated in the U.S. Constitution. By respecting the law and the police, these incidents of extreme police use of force can be significantly reduced. Should use of force ever be applied, it is vital that police officers make note of that in a report and that the incidents are recorded and documented electronically for personal observation.
With regard to public records, it is important to clearly state in your request exactly WHAT information you are looking for and also UNDERSTAND public record laws in your particular state. As always, if at first you don't succeed in your public records request, don't just quit on it. STAY PERSISTENT! Corporations are good at jerking people around and not giving us what we want. The public deserves to be informed. As this use of force reporting project showed, retrieving public records is not always a walk in the park.
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