FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Charles J. Miller,
Complainant
against Docket #FIC 94-62
Chief of Police, Bridgeport Police Department,
Respondent August 10, 1994
The above-captioned matter was heard as a contested case on July 7, 1994, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.
After consideration of the entire record, the following facts are found and conclusions of law are reached:
1. The respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By letter of complaint filed February 24, 1994, the complainant appealed to the Commission, alleging that his February 7, 1994 request to the respondent for certain records had been denied.
3. It is found that the complainant was arrested on July 31, 1994.
4. The complainant maintains that he was assaulted while being booked by members of the Bridgeport Police Department.
5. It is found that the complainant by letter dated February 7, 1994 requested from the respondent a copy of the arrest report and the internal investigation with regard to his injury.
6. It is found that the respondent conducted no internal investigation, and that there are no records of an assault on the complainant in the respondent's booking area.
7. At the hearing, the Commission accepted from the respondent for in camera inspection a copy of an incident report as the report of the arrest in this case.
8. It is concluded that the incident report is a public record within the meaning of 1-18a(d) and 1-19(a), G.S.
Docket #FIC 94-62 Page 2
9. Section 1-20b, G.S., provides:
Notwithstanding any provision of the general statutes to the contrary, any record of the arrest of any person, other than a juvenile, except a record erased pursuant to chapter 961a, shall be a public record from the time of such arrest and shall be disclosed in accordance with the provisions of section 1-15 and subsection (a) of section 1-19. For the purposes of this section, "record of the arrest" means the name and address of the person arrested, the date, time and place of the arrest and the offense for which the person was arrested.
10. Gifford v. Freedom of Information Commission, 227 Conn. 641 (1993) holds that 1-20b, G.S., requires only disclosure of the limited "record of the arrest" information, and not the entire incident report.
11. It is therefore concluded that the portion of the incident report sought by the complainant is exempt from disclosure pursuant to 1-20b, G.S., and Gifford v. Freedom of Information Commission.
12. Commission notes that the complainant may be able to obtain the incident report from the office of the state's attorney prosecuting the criminal case, depending on whether that state's attorney has an "open files" policy, or on whether the complainant is able to compel disclosure through a motion for discovery.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of August 10, 1994.
Debra L. Rembowski
Clerk of the Commission
Docket #FIC 94-62 Page 3
PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED CASE ARE:
CHARLES J. MILLER
40 Evers Street
Bridgeport, CT 06610
CHIEF OF POLICE, BRIDGEPORT POLICE DEPARTMENT
c/o John H. Barton, Esq.
Office of the City Attorney
202 State Street
Bridgeport, CT 06604
Debra L. Rembowski
Clerk of the Commission