Direct Action for Rights & Equality v. Gannon

819 A.2d 651, 2003 R.I. LEXIS 90, 2003 WL 1834214
CourtSupreme Court of Rhode Island
DecidedApril 10, 2003
Docket99-22-Appeal, 99-221-Appeal
StatusPublished
Cited by31 cases

This text of 819 A.2d 651 (Direct Action for Rights & Equality v. Gannon) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Direct Action for Rights & Equality v. Gannon, 819 A.2d 651, 2003 R.I. LEXIS 90, 2003 WL 1834214 (R.I. 2003).

Opinion

OPINION

WILLIAMS, Chief Justice.

In this case, the plaintiff, Direct Action for Rights and Equality (DARE or plaintiff), an incorporated, non-profit community action group based in Providence, Rhode Island, brought an action pursuant to the Access to Public Records Act, G.L. 1956 chapter 2 of title 38 (APRA), to compel the defendant, Bernard E. Gannon, 1 in his official capacity as Chief of Police of the City of Providence (city or defendant), to produce various documents relating to civilian complaints of police misconduct. 2 Both the plaintiff and the defendant appealed the order of the trial justice in this matter, and those appeals were consolidated for a single disposition by this Court. We also note that this is the second appeal heard by this Court concerning the current action. See Direct Action for Rights and Equality v. Gannon, 713 A.2d 218, 225 (R.I.1998) (DARE I) (holding that the city must provide to DARE certain requested documents with only directly identifying factors redacted, such as the names of the complainants and officers against whom the complaints were made). The facts pertinent to the immediate appeal are as follows.

I

Facts and Travel

In a letter dated September 17, 1993, plaintiff requested several documents from the city pursuant to the APRA. Specifically, plaintiff requested the following information:

“a.) Every ‘Providence Police Civilian Complaint report’ (Form 210) filed within the Providence Police Dept. from 1986 to present.
b.) A listing of all findings from investigations that was [sic] conducted by the Bureau of Internal Affairs, in reference to all ‘Providence Police Civilian Complaint reports’ (Form 210) on record from 1986 to present.
c.) Ml reports made by the ‘Providence Police Department Hearing officers’ on their decisions from the findings of investigations conducted in Re: ‘Providence Police Civilian Complaints’ (Form 210) from 1986 to present.
d.) Reports on all disciplinary action that’s [sic] been taken as a result of recommendations made by the Hearing Officers Division since 1986 to present.”

On November 28, 1994, Providence City Solicitor Charles Mansolillo (Mansolillo), responded to plaintiff by stating that records only existed from 1988 to present and, further, he refused to produce the *655 records sought in categories (a), (b) and (d), but agreed to provide the information in category (c) in redacted form. In response to Mansolillo’s denial, plaintiff initiated the present action on May 5, 1995. In its complaint, DARE sought the production of all four categories of documents, $1,000 in damages pursuant to § 38-2-9, plus costs, statutory interest, attorneys’ fees and any other relief that the court deemed proper. Both parties filed cross-motions for summary judgment. In June 1996, the trial justice granted plaintiffs motion in part and denied defendant’s motion. Specifically, he ordered defendant to produce all the requested records in unre-dacted form.

The defendant appealed the trial justice’s order to this Court. On appeal, we determined that DARE was entitled to get access to the public records in categories (a), (c) and (d), redacting only the names of the complaining citizens and the police officers who were the subjects of the complaints. See DARE I, 713 A.2d at 225. DARE was not entitled to the requested records in category (b). See id. Furthermore, we remanded the matter back “to the Superior Court for further proceedings consistent with [our] opinion.” Id.

In a hearing on remand conducted in Superior Court on December 17, 1998, DARE requested that fees for reproducing the documents be waived and that the city be fined and- ordered to pay attorneys’ fees. The trial justice reserved his decision on those issues for a later date, but ordered defendant to “produce all records that are the subject of this litigation (1986 to and including the present) to the plaintiff on or before January 8, 1999.” The defendant then filed a motion requesting that the trial justice reconsider his order and provide the city with more time to comply because “some 700 closed case files exist” and it would need additional time to retrieve and redact the relevant information. Additionally, defendant appealed the trial justice’s order to this Court, stating that:

“The City’s objection was primarily predicated upon the [o]rder requiring the City to provide copies of records that the Supreme Court had opined in the instant matter were unavailable to D.A.R.E. The [o]rder as entered clearly mandates that the City must provide all records to the [p]laintiff that are the subject of the litigation. The [o]rder does not state that these records be provided in redacted form. All records means all records.”

This argument was advanced despite a letter from plaintiffs counsel reaffirming DARE’s request for defendant to produce only “those things that the Supreme Court has previously said DARE is entitled to.”

At an emergency conference requested by the city on its motion for stay, this Court stated that the trial justice’s order required defendant to produce only the documents that this Court required in DARE I. Consequently, on January 21, 1999, this Court issued an order denying defendant’s motion to stay the trial justice’s order.

On February 11, 1999, the parties were once again before the trial justice. Besides redacting the names of the complaining witnesses and officers against whom the complaints were made, defendant redacted the names of witnesses, locations, police officers on the scene and in some cases, the race of the parties involved in the incidents. Furthermore, plaintiff expressed concerns that it was not receiving all the records to which it was entitled. 3 *656 Consequently, besides requesting attorneys’ fees and costs, plaintiff moved that defendant be held in civil contempt.

On May 12, 1999, the trial justice issued a bench decision in which he held that the city had no authority to redact location, even if the complaining witness lived there, nor did defendant have license to redact the names of non-complainant witnesses, whether they were police officers or civilians. 4 The trial justice determined, however, that the city did not intentionally attempt to interfere with the workings of the court, and thus denied plaintiffs motion to hold defendant in civil contempt and refused to order a fine.

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Bluebook (online)
819 A.2d 651, 2003 R.I. LEXIS 90, 2003 WL 1834214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/direct-action-for-rights-equality-v-gannon-ri-2003.