Post-Tribune v. Police Department of the Gary

636 N.E.2d 181, 1994 Ind. App. LEXIS 775, 1994 WL 275806
CourtIndiana Court of Appeals
DecidedJune 23, 1994
DocketNo. 45A05-9312-CV-444
StatusPublished
Cited by1 cases

This text of 636 N.E.2d 181 (Post-Tribune v. Police Department of the Gary) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Post-Tribune v. Police Department of the Gary, 636 N.E.2d 181, 1994 Ind. App. LEXIS 775, 1994 WL 275806 (Ind. Ct. App. 1994).

Opinion

ROBERTSON, Judge.

The Posb-Tribune [Post] appeals the procedures employed and the judgment entered in its action brought under the Indiana Access to Public Records Act, I.C. 5-14-3-1 et seq. [ACT] against the Police Department of the City of Gary, Indiana. The Post raises three issues. We reverse and remand with instructions.2

FACTS

The pertinent facts are not disputed. A serial rapist terrorized the citizens of Gary between June 2,1993 and July 14,1993. The serial rapist had attacked persons on six separate occasions. Five of the victims were attacked in their own homes. One victim had been a visitor in the home where she was attacked. Usually, the serial rapist would burglarize the home at night while armed with a sawed-off shotgun. He would wake his victims from their sleep and force them to have intercourse. After the attacks, he would plunder the homes for a few minutes before making his escape.

The police department produced an offense report for each attack for dissemination to the public as required by the Act. On these reports, the police blocked out the names, addresses, Social Security numbers, and other identifying information of the victims as permitted by the Act. However, the police also blocked out the “Location of Offense (Address)” blank on their form although the Act requires the police department to disclose the “location of occurrence” of every crime reported. The police inadvertently disclosed the name of one victim and the ages of all the victims, information the police are not required to disclose in sex offense reports under the Act.

The Post wanted to publish a map which identified the city blocks where the rapist had struck. The Post had no intention of publishing the names of the victims or their addresses. On July 21, 1993, the Post requested more information about the rapes, including the addresses where the attacks had occurred. The police department refused to provide any more information, claiming initially that it was not required to release the information because of the confidential nature of its on-going criminal investigation. However, the police department now readily concedes that, under the Act, it is required to disclose the “location of occurrence” of any reported crime despite the exemption in the Act for law enforcement investigatory records.

The Post brought the present lawsuit seeking an order compelling the police department to disclose the “location of occurrence” of the sex crimes in question. The Post also sought attorney fees, court costs, and other expenses as provided under the Act for the police department’s noncompliance with the Act. The trial court held an evidentiary hearing on all matters and determined that the police were required only to disclose the neighborhoods where the attacks took place. The police chief supplied this information through his testimony at the hearing. The trial court found that, because the police had complied with the Act by disclosing the “location of occurrence” through the testimony of the police chief, no sanctions would issue.

DECISION

I.

Whether the trial court erred in interpreting the Act’s requirement that the police disclose the “location of occurrence” as the neighborhood of the reported crime?

The pivotal issue in this case is whether the police department satisfied its statutory obligation of disclosing the “location of occurrence” by divulging the neighborhoods in which the crimes took place. The Post argues that “neighborhood” is not specific enough and any reasonable interpre[183]*183tation of the Act requires the police department to disclose the address where the crimes occurred. The police department counters that, because the attacks took place in private homes, the victims could be readily-identified from the addresses and the police were justified in withholding any more specific information regarding the “location of occurrence” to protect the victims’ privacy.

When construing a statute, our foremost duty is to determine and give effect to the true intent of the legislature. Indiana Department of Human Services v. Firth (1992), Ind.App., 590 N.E.2d 154, 157, trans. denied. To do this, it is necessary to view the statute within the context of the entire act, rather than in isolation. Id. When a statute is clear and unambiguous on its face, we may not interpret the statute. Scheub v. Town of Schererville (1993), Ind.App., 617 N.E.2d 585, 587. Rather, words are to be given their plain, ordinary and usual meaning unless a contrary purpose is clearly shown by the statute itself. Department of Public Welfare v. Couch (1992), Ind., 605 N.E.2d 165, 167. We will not construe statutes in a manner which leads to absurdity or hardship. Superior Construction Co. v. Carr (1990), Ind., 564 N.E.2d 281, 284.

The guiding principles of statutory construction of Indiana’s Access to Public Records Act are well known. Indianapolis Convention & Visitors Association, Inc. v. Indianapolis Newspapers, Inc. (1991), Ind., 577 N.E.2d 208. Courts must construe the Act with its purpose and scope in mind. Id. The Act is to be examined and interpreted as a whole, giving words their common and ordinary meaning and not overemphasizing a strict, literal or selective reading of individual words. Id. Indiana’s General Assembly made the following statement of purpose with respect to the Act:

A fundamental philosophy of the American constitutional form of representative government is that government is the servant of the people and not their master. Accordingly, it is the public policy of the state that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. This chapter shall be liberally construed to implement this policy and place the burden of proof for the nondisclosure of a public record on the public agency that would deny access to the record and not on the person seeking to inspect and copy the record.

I.C. 5-14-3-1. The specific provision of the Act involved in the present dispute, I.C. 5-14-3-5(c) provides:

[The police department] shall maintain a daily log or record that lists suspected crimes, accidents, or complaints, and the following information shall be made available for inspection and copying:
(1) The time, substance, and location of all complaints or requests for assistance received by the agency.
(2) The time and nature of the agency’s response to all complaints or requests for assistance.
(3) If the incident involves an alleged crime or infraction:
(A) the time, date, and location of occurrence;
(B) the name and age of any victim, unless the victim is a victim of a [sex crime];

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Related

Post-Tribune v. Police Department of Gary
643 N.E.2d 307 (Indiana Supreme Court, 1994)

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Bluebook (online)
636 N.E.2d 181, 1994 Ind. App. LEXIS 775, 1994 WL 275806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/post-tribune-v-police-department-of-the-gary-indctapp-1994.