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Arkansas Supremes rule Use-of-force reports are public records

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The Judicial Update


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.

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