News & Analysis as of

Public Records Police

Goldberg Segalla

New York’s Freedom of Information Law Amended Again

Goldberg Segalla on

Key Takeaways - New York’s Freedom of Information Law (FOIL) was initially amended on December 29, 2021. On March 21, 2022, Governor Hochul signed a new law, amending FOIL again. Certain parts of the language approved...more

Best Best & Krieger LLP

SB 16 Compliance: Expanded Public Access to Law Enforcement Personnel Records for 2022 and Beyond

BB&K to Host Webinar Discussing SB 16 and Agency Duties to Produce Police Records Under Public Records Act - New police records rules mandating additional disclosures of personnel records will go into effect next year with...more

Best Best & Krieger LLP

California Public Records Act Update

New CPRA Case Law and Legislation for 2021 - While an expansive array of records can be sought via a California Public Records Act request, the right to inspect public records is not without limits. The CPRA does not give...more

Franczek P.C.

Illinois Supreme Court Agrees with City of Chicago regarding Destruction of Police Officer Misconduct Records

Franczek P.C. on

In a decision applauded by citizens of the City of Chicago and its leadership, the Illinois Supreme Court found that a provision in the collective bargaining agreement between the Fraternal Order of Police, Chicago Lodge No....more

Harris Beach PLLC

Repeal of Civil Rights Law 50-a Makes Police Disciplinary Records Public Through FOIL

Harris Beach PLLC on

Municipalities in New York State should be ready to respond to an increased amount of Freedom of Information Law (“FOIL”) requests as a result of a bill just passed in both houses of the New York State Legislature and signed...more

Bond Schoeneck & King PLLC

Repeal of Civil Rights Law Section 50-A: What This Means for the Disclosure of Police Disciplinary Records

Earlier this week, in response to a nationwide outcry for police reform, the New York Legislature repealed Civil Rights Law § 50-a, a decades-old statute that largely prohibited the disclosure of police disciplinary records....more

Association of Certified E-Discovery...

Court’s Police Body Camera Opinion Highlights E-Discovery Issues

The California Supreme Court recently issued an opinion that analyzes the public disclosure of police body camera footage and demonstrates the overlap between e-Discovery processes and other records production schemes. The...more

Best Best & Krieger LLP

California Supreme Court: Government Cannot Charge Fee to Redact Police Body Camera Footage

California Public Records Act Provision Permitting Public Agencies to Charge for “Extraction” Analyzed - Government agencies are prohibited from charging a fee to redact police body camera footage in response to a...more

Best Best & Krieger LLP

Another SB 1421 Decision Against Law Enforcement Agencies

Police Records Must Be Disclosed Even if Created or Officer Employed By Different Agency, California Appellate Court Says - The California Attorney General and Department of Justice must disclose all police misconduct...more

Best Best & Krieger LLP

California Public Records Act New Legislation

Part 1: New CPRA Laws for 2020 - While an expansive array of records can be sought via a California Public Records Act request, the right to inspect public records is not without limits. The CPRA does not give unlimited...more

Best Best & Krieger LLP

Record Disclosure Obligations for California Police

BB&K's Christine Wood Gives Updates on AB 748 and SB 1421 in PublicCEO - Now, more than ever, Californians have greater access to police personnel records, body and dashboard camera footage and other recordings acquired by...more

Best Best & Krieger LLP

Public Agency Access to Data Does Not Make Data Disclosable Under PRA - California Appellate Court Ruling in Anderson-Barker v....

A city’s ability to access electronically stored data does not equal possession of that data under the Public Records Act, a California appellate court recently ruled....more

Best Best & Krieger LLP

First Court Ruling on Merits of SB 1421 - Police Unions’ Argument to Block Release of Pre-2019 Records Found “Legally...

In the first court ruling on Senate Bill 1421, a judge held that the new California law only applies prospectively, but still requires disclosure of pre-2019 police personnel records in response to Public Record Act requests...more

Best Best & Krieger LLP

SB 1421 Challenged in Courts, But Most California Public Agencies Must Still Produce Peace Officer Records - Police Unions Obtain...

Senate Bill 1421, which dramatically changed the scope of a public peace officer record, has generated a number of legal challenges since it went into effect on Jan. 1....more

Proskauer - Minding Your Business

Divided New York Court of Appeals Restricts Freedom of Information Law Disclosures

A divided New York Court of Appeals recently held that Civil Rights Law § 50-a bars disclosure of police officer personnel records except under very limited circumstances, eliminating access to such records by the press or...more

Best Best & Krieger LLP

BB&K Attorney Gary Schons Conducting Review of Police Use of Communication App - TigerText, Used in Long Beach, Automatically...

Best Best & Krieger LLP on

The City of Long Beach has hired Best Best & Krieger LLP Of Counsel Gary Schons to conduct an independent investigation into the Long Beach Police Department’s use of a controversial communications app. TigerText, which...more

Holland & Knight LLP

Voluntary FOIA Exemptions: Aurora Police Lawsuit Provides a Cautionary Tale

Holland & Knight LLP on

• The Freedom of Information Act (FOIA) officer for the city of Aurora, Ill., released "largely unredacted" documents in response to an incarcerated felon's request for information about the police officers who worked the...more

Best Best & Krieger LLP

Civil Discovery Act Applies to Public Records Act Proceedings, California Appellate Court Concludes

Public entities litigating California Public Records Act cases may now face the additional burden of responding to civil discovery requests. The Second District Court of Appeal recently issued its opinion in City of Los...more

Troutman Pepper

Pennsylvania Legislature Seeks to Limit Access to Police Video Recordings

Troutman Pepper on

The bill establishes a more restrictive process for obtaining video than the courts have provided for under the Right to Know Law. The Pennsylvania Senate passed a bill on October 19 that would prohibit police body...more

Orrick - Trade Secrets Group

PUT YOUR DOCS WHERE I CAN SEE THEM: Seattle Police Enjoined From Disclosing Software Secrets in Public Records Act Dispute

What happens when trade secret protections collide with laws granting public access to government records? This question took center stage in a recent case involving the Seattle Police Department (“SPD”). A federal district...more

Hinshaw & Culbertson LLP

Informing Illinois Newsletter - August 2016

Is Your Police Department Ready for Body Cameras? - Police use of force has been heavily scrutinized for more than a year. In May 2015, the U.S. Department of Justice announced that it was providing $20 million in grants...more

Best Best & Krieger LLP

California Appellate Court Holds Police Video of Arrest Not Protected Under Pitchess

Only a Record Generated as Part of an Internal Investigation is Protected by Pitchess - The California Court of Appeal has ruled in City of Eureka v. Superior Court (Greenson) that a police “dash cam” video of an...more

Best Best & Krieger LLP

Body-Worn Cameras, the Prosecutor, and the Question of Public Access

BB&K attorney Gary Schons examines police body cameras from a variety of angles for the California District Attorneys Association’s Prosecutor’s Brief. The use of body-worn cameras by law enforcement officials and what...more

Jackson Walker

Stacy Allen Speaks: Newsroom Victories During the 2015 Texas Legislative Session

Jackson Walker on

Sometimes, killing a bad bill can be as important as enacting a good one. So it was for newsrooms during the 2015 session of the Texas Legislature. My partner Paul Watler and I were privileged to assist the Texas Association...more

Pullman & Comley - Labor, Employment and...

The Police Have The Right To Remain Silent Too: The Supreme Court Rules On The Disclosure Of Police Reports Under The FOIA

The Connecticut Supreme Court has resolved an intense debate about what law enforcement agencies are required to release with regard to arrest records and associated reports. This decision could affect the ability of school...more

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