Comm'r of Emergency Servs. & Pub. Prot. v. Freedom of Info. Comm'n

194 A.3d 759, 330 Conn. 372
CourtSupreme Court of Connecticut
DecidedOctober 30, 2018
DocketSC 19852, (SC 19853)
StatusPublished
Cited by19 cases

This text of 194 A.3d 759 (Comm'r of Emergency Servs. & Pub. Prot. v. Freedom of Info. Comm'n) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Comm'r of Emergency Servs. & Pub. Prot. v. Freedom of Info. Comm'n, 194 A.3d 759, 330 Conn. 372 (Colo. 2018).

Opinion

MULLINS, J.

**374The central issue in this appeal is whether the search and seizure statutes, General Statutes §§ 54-33a through 54-36p, provide a basis for an exemption from the disclosure requirements of the Freedom of Information Act (act), General Statutes § 1-200 et seq. Specifically, we must decide whether the trial court improperly concluded that the search and seizure statutes satisfy the requirements set forth in General Statutes § 1-210 (a),1 which exempts documents **375from disclosure under the act that are "otherwise *762provided by any federal law or state statute ...." (Emphasis added.) We conclude that the search and seizure statutes do not meet the requirements set forth in § 1-210 (a) and, accordingly, reverse the judgment of the trial court.

The following facts, as found by the trial court, and procedural history are relevant to the present appeal. In January, 2014, the plaintiffs, the Commissioner of Emergency Services and Public Protection and the Department of Emergency Services and Public Protection,2 received a request under the act from the defendant The Hartford Courant Company (Courant), and its reporter, the defendant David Altimari. In this request, the Courant and Altimari sought copies of certain documents referred to in the report prepared by the Connecticut State Police on the shooting that took place at Sandy Hook Elementary School on December 14, 2012. More specifically, the trial court's memorandum of decision notes that this request sought, inter alia, the following documents from the department: a spiral bound book written by the shooter, Adam Lanza, entitled "The Big Book of Granny," "a photo of the class of 2002-2003 at Sandy Hook Elementary School," and a "spreadsheet ranking mass murders by name, number killed, number injured, types of weapons used, and disposition." (Internal quotation marks omitted.)

The department did not file a timely response to this request. As a result, the Courant and Altimari filed a complaint with the named defendant, the Freedom of Information Commission (commission). After they filed **376that complaint, the department responded to the initial request by letter. In that letter, the supervisor of the department's legal affairs unit, Christine Plourde, stated that "there are no documents responsive to your ... request" because the request sought "access to or copies of ... items of evidence that were seized or otherwise collected as part of the criminal investigation of the incident. Evidence collected as part of a criminal investigation does not constitute a public record under the [act]." (Internal quotation marks omitted.) Notwithstanding this response, the commission held a hearing on the complaint.

The parties in that administrative proceeding presented testimony, exhibits, and argument.3 Specifically, the department asserted that the documents were not subject to disclosure because they were not public records4 under the act insofar as *763they (1) do not relate "to the conduct of the public's business," (2) "are evidence under the control of the [J]udicial [B]ranch pursuant to the statutory scheme governing search warrants **377and seized property," (3) are the private property of Adam Lanza or his mother, Nancy Lanza, and "disclosure would constitute an invasion of [their] personal privacy," and (4) are not included in the department's public records retention schedule because they are documents seized pursuant to a search warrant.

The commission rejected the department's claims and concluded that the documents were public records under the act. Specifically, the commission rejected the department's claim that the documents did not relate "to the conduct of the public's business" for purposes of § 1-200 (5). Instead, the commission determined that "in the aftermath of the shootings, there was heightened public interest in the shootings, in determining how and why such shootings occurred, and in preventing such a horrific crime from happening again."

The commission also found that, "[a]lthough the [department was] provided the opportunity to offer evidence that the requested documents are exempt from disclosure, [it] declined to do so. Instead, [the department] offered an affidavit from Plourde [averring] that, although she had not looked at the requested documents, she believed that some of the documents might be exempt from disclosure under [§] 1-210 (b) [ (2), (10), (11) and (17) ]." Consequently, the commission found that the department "failed to prove that any of the requested documents are exempt from disclosure pursuant to any exemption." Accordingly, the commission ordered the department to provide a copy of the documents to the Courant and Altimari.

Thereafter, the department filed an appeal from the commission's decision to the trial court pursuant to General Statutes § 4-183 of the Uniform Administrative Procedure Act (UAPA). The department also filed an application to stay enforcement of the final decision of the commission pending appeal, which was granted.

**378The Division of Criminal Justice then filed a motion to intervene in the present case as a party plaintiff, which was granted by the trial court. See footnote 2 of this opinion.

The trial court ultimately agreed with the commission that the documents were public records, concluding that "documents seized pursuant to a search warrant '[relate] to the conduct of the public's business' and, therefore, constitute public records under the act." Unlike the commission, however, the trial court then concluded that the documents were exempt from disclosure pursuant to § 1-210 (a).5 Specifically, the trial court concluded the search and seizure statutes "act as a shield from public disclosure of all seized property not used in a criminal prosecution." These appeals followed.6

On appeal to this court, the defendants assert that the trial court improperly concluded *764that the documents were exempt from disclosure pursuant to § 1-210 (a). Specifically, the defendants assert that the trial court improperly failed to follow this court's existing precedent interpreting § 1-210 (a), which requires that the express terms of federal law or state statute must address confidentiality or otherwise limit the copying or disclosing of the documents at issue. The defendants further assert that the trial court improperly failed to construe the exemption in § 1-210 (a) narrowly, as required by the act.

In response, the department asserts that the trial court properly concluded that property seized pursuant to a search warrant is exempt from disclosure under **379the act.

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Cite This Page — Counsel Stack

Bluebook (online)
194 A.3d 759, 330 Conn. 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commr-of-emergency-servs-pub-prot-v-freedom-of-info-commn-conn-2018.