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  1. #1
    Join Date
    Jul 2020
    Location
    New Castle County Delaware
    Posts
    1

    Angry Statue of Limitation for a Foia Request

    My question involves police conduct in the State of: Delaware

    I had an incident of police misconduct in the state of Delaware in Feb 2019. I was not taken for medical attention; (I had a severe concussion, I needed stitches on my face above my eye and not receiving the proper medical attention left a nasty scar on my face, also my foot was broken. I have all the medical records detailing this. The cops did not like the fact that I knew my rights and they treated me very aggressively because of this. The officer said; "I can appreciate you know your rights but I hope you can appreciate that I'm going to charge you with everything I can." He then added a false charge of offensive touching even after the individual repeatedly told him that was not what happened and if I'm not mistaken his false claim was a class A misdemeanor so he broke the law by doing that.
    I filed a FOIA request at the time for the case information and any video pertaining to the incident and it was denied. I also called to file a complaint and got the run around from the officers superiors and never could get anywhere. The case has since been dismissed but it still bothering me and I'm trying to find out if I can resubmit the FOIA request and file a misconduct complaint after this much time has passed and what is the best way to submit a FOIA request for information pertaining to myself.

    Thank you

  2. #2
    Join Date
    Jun 2017
    Location
    California
    Posts
    459

    Default Re: Statue of Limitation for a Foia Request

    You really need to consult a local attorney. Generally FOIA doesn't apply to police reports. There are other avenues to pursue this but you need the advice of local counsel to accomplish it.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,309

    Default Re: Statue of Limitation for a Foia Request

    Quote Quoting JessVanDam
    View Post
    I'm trying to find out if I can resubmit the FOIA request and file a misconduct complaint after this much time has passed and what is the best way to submit a FOIA request for information pertaining to myself.
    Why? What's your goal? Do you want money? If you want money you have more than likely run far beyond the time limit to file a lawsuit against a government agency. It's typically 6 months to 1 year and carries very strict reporting and notice requirements. If you want money, consult an attorney who is experienced with claims against government agencies and review your options.

    If you don't want money, then I suggest you get over it and move on.

  4. #4
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Statue of Limitation for a Foia Request

    Quote Quoting JessVanDam
    View Post
    The case has since been dismissed but it still bothering me and I'm trying to find out if I can resubmit the FOIA request and file a misconduct complaint after this much time has passed and what is the best way to submit a FOIA request for information pertaining to myself.

    Thank you
    Resubmitting the FOIA request won't get you any better results than before. Under Delaware's FOIA law (and it is the state FOIA law that applies, not the federal FOIA) there are a number of records that are exempt from disclosure. As it applies to criminal matters, the law excludes most every record in a criminal matter from FOIA. Specifically, the law states that the following criminal records are excluded:

    (3) Investigatory files compiled for civil or criminal law-enforcement purposes including pending investigative files, pretrial and presentence investigations and child custody and adoption files where there is no criminal complaint at issue;

    (4) Criminal files and criminal records, the disclosure of which would constitute an invasion of personal privacy. Any person may, upon proof of identity, obtain a copy of the person’s personal criminal record. All other criminal records and files are closed to public scrutiny. Agencies holding such criminal records may delete any information, before release, which would disclose the names of witnesses, intelligence personnel and aids or any other information of a privileged and confidential nature;

    (5) Intelligence files compiled for law-enforcement purposes, the disclosure of which could constitute an endangerment to the local, state or national welfare and security;

    DE Code title 29 § 10002(l). As you can see, you can get your own criminal record (the record of your arrests and convictions) but the police may deny you all the investigation materials, witness reports, etc., that are connected with this incident.

    If you believe that your rights were violated and wish to sue the police then see an attorney who litigates civil rights matters. Even if the state law wouldn't permit a lawsuit at this point for failure to submit a timely administrative claim (and I've not checked Delaware law on that) adjusterjack is quite wrong to suggest that would prevent you from successfully suing. You may still have at least a federal civil rights lawsuit to pursue, and you do not have to comply with state law regarding administrative claims prior to filing a federal lawsuit against the police.

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