Arkansas Supremes rule Use-of-force reports are public records
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March 2, 2012
Little Rock, Arkansas: On Thursday, February 16 the Arkansas Supreme Court delivered its decision in Thomas v. Halland held that police use-of-force reports fall under the Arkansas Freedom of Information Act and are subject to release. The original request was filed by attorney Keith Hall relating to a client who was struck by an off duty police officer. Little Rock Police Chief Stuart Thomas denied the request claiming that the reports were exempt under an exemption for employee-evaluation or job-performance records. The circuit court ruled in favor of Hall and the Supreme Court affirmed the decision. Associate Justice Robert L. Brown wrote the decision and stated, "We liberally interpret the FOIA to accomplish its broad and laudable purpose that public business be performed in an open and public manner." Chief Justice Jim Hannah concurred, writing, "Because the keeper of the requested records claiming the exemption failed to meet the burden of proof, I agree that the decision of the circuit court must be affirmed."[1] You can find a list of exemptions to the Arkansas Freedom of Information Act here.
See also
External links
- The Republic, "Arkansas Supreme Court says police use-of-force reports not exempt from public records law" 2/16/2012
- Ruling of the Court
Footnotes
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Federal courts:
Eighth Circuit Court of Appeals • U.S. District Court: Eastern District of Arkansas, Western District of Arkansas • U.S. Bankruptcy Court: Eastern District of Arkansas, Western District of Arkansas
State courts:
Arkansas Supreme Court • Arkansas Court of Appeals • Arkansas Circuit Courts • Arkansas District Courts • Arkansas City Courts
State resources:
Courts in Arkansas • Arkansas judicial elections • Judicial selection in Arkansas