Seattle sues attorney over public records request

[n2doc]

By Tracy Vedder

SEATTLE -- On the heels of a scathing federal review of Seattle police practices, dash-cam video is once again at the center of a firestorm at City Hall.

This time, the city is suing an attorney who wanted dash-cam videos connected to alleged police misconduct.

KOMO News sued the city of Seattle after public information requests for police dash-cam video were not fulfilled. The suit alleges violation of the public records law.

But criminal defense attorney James Egan never expected the city would preemptively sue him just for asking for police dash cam video.

"Shocked. I am shocked," he said. "What the police department is saying is if you make a request for public documents, ultimately you will be sued."

more

http://www.komonews.com/news/local/Seattle-sues-attorney-over-public-records-request-136704018.html

[dmr]

1. I find the last paragraph to this story very interesting & damning:

The city argues it doesn't have to release any videos for three years. That also happens to be when the statute of limitations runs out for suing the city and, as a KOMO News investigation discovered, it is also when dash-cam videos are routinely erased from the system.

[msanthrope]

3. Well, that's the problem--you have a privacy act that states that you can't release

until litigation is over. Which would stall release for three years, after the statute of limitations has run out. So the city is in a catch-22. It's best to have a judge decide between the conflict of laws, and not a city attorney.

[SixthSense]

6. A privacy act should never cover the actions of public officials in the course of their duties

by definition it's the public's business

excepting actual national security and in-progress criminal investigations only

[msanthrope]

7. I agree. It shouldn't.

But without having the law in front of me, I can't tell you if it does that, or if the law is primarily concerned with the citizens who would appear on the tape--

For example, if I am citizen 'y' and the cops are beating my ass on video, I may have a privacy right to prevent the crime against me being broadcast to the public by attorney 'x' who does not represent me. This does not, or, should not, prevent me from seeking my own legal redress, however.

Further, if the cops involved are under criminal investigation (and they should be!) then they have rights, too. This does not mean, however, that their rights should then interfere with the right of private citizens for compensation.

It's a tricky conflict....which is why a judge, and not the city attorney, should decide.

[SixthSense]

8. But you know

that the privacy rights of citizens have absolutely nothing to do with why the want to hide the tapes

It's not like they're not relentlessly invading the privacy of citizens in every way they can using every possible technological device accessible to them... citizens' privacy rights are clearly only a concern when they would reveal malfeasance on the part of those who act in the public trust!

[msanthrope]

9. You only need clean hands in court, not a pure heart. nt

[msanthrope]

2. I understand the city attorney's position on this--

You have two laws in conflict, and the city attorney wants a judge to decide who gets what, and when. If he doesn't have a judge decide it, the city attorney is stuck with figuring out who is more likely to sue the city--

1) The people in the videos.
2) The cops in the videos.
3) All of the above, for different reasons.

Bring a judge in, and let them sort out the conflict of laws.

[SixthSense]

4. if there is no avenue for justice within the law

they'll have a LOT more to worry about than someone filing papers in court


Remember Ian Birk, the cop who murdered a citizen in cold blood on the street?
http://www.seattleweekly.com/2011-02-23/news/ian-birk-why-he-wasn-t-charged-and-what-happens-next/

Seattle Police Department Regularly Violates Constitution and Federal Law, Department of Justice Says
http://blogs.seattleweekly.com/dailyweekly/2011/12/seattle_police_department_regu.php

[msanthrope]

5. Well, there is an avenue--the court.

This might be the quickest way to get the tapes released, or it could be a delaying tactic by the city attorney.

Either way, I am hoping a judge will sort it out and make sure justice is done....Seattle cops should not be able to shield their wrongdoing.

[msongs]

10. police are not our friend any longer. They should all be videoed 24/7 nt