F012070-082223 - FOIA Request

Message History (10)

On 9/8/2023 2:17:22 PM, HAMPTONVA FOIA wrote:

Subject: [Records Center] FOIA Request :: F012070-082223

Body:

RE: PUBLIC RECORDS REQUEST of August 22, 2023, Reference # F012070-082223

Dear Ms. Minium,
The City of Hampton, Virginia received a public information request from you on August 22, 2023. Your
request mentioned:
“-Other-August 22, 2023
Dear Custodian of Records:
As a citizen and resident of Virginia, I exercise the rights afforded me by Va. statute § 2.2-3700 et seq.,
the Freedom of Information Act, and respectfully request access to the public records described in the
following three requests, which shall be sought from your agency annually:

(1) Recent Lawsuits & Settlement Data

I request copies of reports, lists, or databases detailing total number, case title, dates, court jurisdiction,
parties involved, nature of suit, settlement sums/costs, and status/outcome of all lawsuits filed or pending
in 2021-23 against your law enforcement agency. This includes requests for, or documentation of, funds
used to cover settlement agreements, court costs, other expenses related to lawsuits, and these total
amounts.
This request should be construed to include any document submitted to, compiled by, or in any way
maintained by your agency that lists lawsuits during the years 2022-23. If a document exists that
contains the requested information for some, but not all of the above mentioned years, please include
these document(s)

(3.) Recent Firearm Discharges & Law Enforcement Vehicle Crashes

I request records or reports summarizing or containing data on all firearm discharges by law
enforcement employees during the years 2021-23, including type of incident & disposition,
address/location of incident, the units involved, victim(s) and/or injuries if any, date of incident, available
summary reports, and date/time of event.
I also request records indicating the total number of accidents or crashes involving department vehicles
during 2021-23 annotated with similar data points, including the cost of damages from the incident
annotated for each.
I prefer to receive the responsive records by electronic means, sent as attachments or shared links to this
address: [email protected].

This request is being filed by Alice Minium, a citizen and resident of Richmond, VA and it is not being
made for commercial purposes. The requested documents will be made available to the general public.

Page 1
I request a waiver of all fees on the basis that free access to this data is in the public interest. If you opt to
charge fees anyway, I will not require a cost estimate unless the total is expected to exceed $50. If so,
please provide a breakdown of these charges.

If additional time is needed to fill this request, please let me know as soon as possible. Due to the size of
this request, I am happy to agree to an extension but ask that you please request one if you will need it.
Additionally, it is of great importance that we stay within that timeline as well.

Thank you in advance for your anticipated cooperation in this very important matter.
I look forward to receiving your response within 5 (five) business days as the statute requires.

Warm regards and very respectfully,

--
Alice Minium
Director/Senior Researcher, OpenOversight VA
701 E. Franklin St. Suite 105 1141 Richmond, VA 23219
(804) 404-3653, [email protected]
--”
The City of Hampton, Virginia has reviewed its files and has located responsive records to your request. Please
log in to the Public Records Portal at the following link to retrieve responsive documents as provided by the
Hampton Police Division.
FOIA Request - F012070-082223
Please find included a one (1) page public copy of Police Incident Report #22-0104014, a one (1) page public
copy of Police Incident Report #22-0104022, a one (1) page public copy of Police Incident Report #23-
011013, a one (1) page public copy of Police Incident Report #23-0111021, a one (1) page public copy of
Police Incident Report #23-0422004, as provided by the Hampton Police Division which contains criminal
incident information as defined and required to be released under Code § 2.2-3706.1(B).
Please be advised that the City declines to provide you with the following:

PISTOL # pages: (67) 22-0104014

PISTOL # pages: (60) 22-0104022
Officer Criminal Statements: (8) pages
911 calls/CAD Report: (33) pages
Citizen Statements: (15) pages
Officer IA Statements: (34) pages
IA Notifications/Rights: (11) pages
I/A Summary: (31) pages
C/A Letter of Exoneration (1) page
B/T Report: (10) pages
A/L Packet (1) page
Notification of Findings: (1) page
COMSED on duty officers: (12) pages

Page 2
Photos of suspect: (7) pages

OIS on 1-11-23 Exemption for I/A Investigation

PISTOL: (4) pages 23-0111021 (LEO as victim)
PISTOL: (29) pages 23-0111013 (suspect as homicide victim)
Officer Statements/Transcripts (Criminal): (318) pages

OIS Exemption for Prosecution

PISTOL: (47) page 23-0422004
PISTOL: (4) pages 23-0422004
I/A: Nothing as VSP is still investigating criminal

along with the entirety of the sixty-four (64) page Police Incident Report #22-0104014, the entirety of the
fifty-seven (57) page Police Incident Report #22-0104022, the entirety of the twenty-nine (29) page Police
Incident Report #23-0111013, the entirety of the four (4) page Police Incident Report #23-011102, and the
entirety of the forty-eight (48) page Police Incident Report #23-0422004 and a four (4) page Accident Report
#23-0422004 which are responsive to your request in accordance with Virginia Code § 2.2-3706.1(D) which
specifically provides that “Criminal investigative files relating to a criminal investigation or proceeding that is
not ongoing are excluded from the mandatory disclosure provisions of this chapter.”

Additionally, with regard to Numbers (1) and (2) of your request (lawsuit/settlement data and law enforcement
vehicle crashes), please be advised that the search time is estimated to be two (2) hours at $42.00 per hour
which exceeds the $50 maximum stated in your request. Please advised if you wish to continue with the
processing of that portion of your request. If you wish to continue processing that portion of your request,
please confirm that the City may have an additional 7 business day extension from receipt of payment to
provide the records.

If you have any questions, please feel free to contact me.

Thank you for your attention.

Cheryl H. Mansfield
FOIA/Litigation Paralegal
Hampton City Attorney’s Office | 22 Lincoln Street, 8th floor | Hampton, VA 23669
Telephone: (757) 727-6127 | Fax: (757) 727-6788
[email protected]

On 9/8/2023 2:06:55 PM, HAMPTONVA FOIA wrote:

Subject: [Records Center] FOIA Request :: F012070-082223

Page 3
Body:

RE: PUBLIC RECORDS REQUEST of August 22, 2023, Reference # F012070-082223

Dear Ms. Minium,
The City of Hampton, Virginia received a public information request from you on August 22, 2023. Your
request mentioned:
“-Other-August 22, 2023
Dear Custodian of Records:
As a citizen and resident of Virginia, I exercise the rights afforded me by Va. statute § 2.2-3700 et seq.,
the Freedom of Information Act, and respectfully request access to the public records described in the
following three requests, which shall be sought from your agency annually:

(1) Recent Lawsuits & Settlement Data

I request copies of reports, lists, or databases detailing total number, case title, dates, court jurisdiction,
parties involved, nature of suit, settlement sums/costs, and status/outcome of all lawsuits filed or pending
in 2021-23 against your law enforcement agency. This includes requests for, or documentation of, funds
used to cover settlement agreements, court costs, other expenses related to lawsuits, and these total
amounts.
This request should be construed to include any document submitted to, compiled by, or in any way
maintained by your agency that lists lawsuits during the years 2022-23. If a document exists that
contains the requested information for some, but not all of the above mentioned years, please include
these document(s)

(3.) Recent Firearm Discharges & Law Enforcement Vehicle Crashes

I request records or reports summarizing or containing data on all firearm discharges by law
enforcement employees during the years 2021-23, including type of incident & disposition,
address/location of incident, the units involved, victim(s) and/or injuries if any, date of incident, available
summary reports, and date/time of event.
I also request records indicating the total number of accidents or crashes involving department vehicles
during 2021-23 annotated with similar data points, including the cost of damages from the incident
annotated for each.
I prefer to receive the responsive records by electronic means, sent as attachments or shared links to this
address: [email protected].

This request is being filed by Alice Minium, a citizen and resident of Richmond, VA and it is not being
made for commercial purposes. The requested documents will be made available to the general public.

I request a waiver of all fees on the basis that free access to this data is in the public interest. If you opt to
charge fees anyway, I will not require a cost estimate unless the total is expected to exceed $50. If so,
please provide a breakdown of these charges.

If additional time is needed to fill this request, please let me know as soon as possible. Due to the size of

Page 4
this request, I am happy to agree to an extension but ask that you please request one if you will need it.
Additionally, it is of great importance that we stay within that timeline as well.

Thank you in advance for your anticipated cooperation in this very important matter.
I look forward to receiving your response within 5 (five) business days as the statute requires.

Warm regards and very respectfully,

--
Alice Minium
Director/Senior Researcher, OpenOversight VA
701 E. Franklin St. Suite 105 1141 Richmond, VA 23219
(804) 404-3653, [email protected]
--”
The City of Hampton, Virginia has reviewed its files and has located responsive records to your request. Please
log in to the Public Records Portal at the following link to retrieve responsive documents as provided by the
Hampton Police Division.
FOIA Request - F012070-082223
Please find included a one (1) page public copy of Police Incident Report #22-0104014, a one (1) page public
copy of Police Incident Report #22-0104022, a one (1) page public copy of Police Incident Report #23-
011013, a one (1) page public copy of Police Incident Report #23-0111021, a one (1) page public copy of
Police Incident Report #23-0422004, as provided by the Hampton Police Division which contains criminal
incident information as defined and required to be released under Code § 2.2-3706.1(B).
Please be advised that the City declines to provide you with the following:

PISTOL # pages: (67) 22-0104014

PISTOL # pages: (60) 22-0104022
Officer Criminal Statements: (8) pages
911 calls/CAD Report: (33) pages
Citizen Statements: (15) pages
Officer IA Statements: (34) pages
IA Notifications/Rights: (11) pages
I/A Summary: (31) pages
C/A Letter of Exoneration (1) page
B/T Report: (10) pages
A/L Packet (1) page
Notification of Findings: (1) page
COMSED on duty officers: (12) pages
Photos of suspect: (7) pages

OIS on 1-11-23 Exemption for I/A Investigation

PISTOL: (4) pages 23-0111021 (LEO as victim)
PISTOL: (29) pages 23-0111013 (suspect as homicide victim)

Page 5
Officer Statements/Transcripts (Criminal): (318) pages

OIS Exemption for Prosecution

PISTOL: (47) page 23-0422004
PISTOL: (4) pages 23-0422004
I/A: Nothing as VSP is still investigating criminal

along with the entirety of the sixty-four (64) page Police Incident Report #22-0104014, the entirety of the
fifty-seven (57) page Police Incident Report #22-0104022, the entirety of the twenty-nine (29) page Police
Incident Report #23-0111013, the entirety of the four (4) page Police Incident Report #23-011102, and the
entirety of the forty-eight (48) page Police Incident Report #23-0422004 and a four (4) page Accident Report
#23-0422004 which are responsive to your request in accordance with Virginia Code § 2.2-3706.1(D) which
specifically provides that “Criminal investigative files relating to a criminal investigation or proceeding that is
not ongoing are excluded from the mandatory disclosure provisions of this chapter.”

Additionally, with regard to Numbers (1) and (2) of your request (lawsuit/settlement data and law enforcement
vehicle crashes), please be advised that the search time is estimated to be two (2) hours at $42.00 per hour
which exceeds the $50 maximum stated in your request. Please advised if you wish to continue with the
processing of that portion of your request. If you wish to continue processing that portion of your request,
please confirm that the City may have an additional 7 business day extension from receipt of payment to
provide the records.

If you have any questions, please feel free to contact me.

Thank you for your attention.

Cheryl H. Mansfield
FOIA/Litigation Paralegal
Hampton City Attorney’s Office | 22 Lincoln Street, 8th floor | Hampton, VA 23669
Telephone: (757) 727-6127 | Fax: (757) 727-6788
[email protected]

On 8/29/2023 6:42:23 PM, Alice Minium wrote:

TO: "HAMPTONVA FOIA"[[email protected]]

Ms. Mansfield,An extension is no problem at all. Please let me know if you have
any questions.Respectfully,Alice Minium
On Tue, Aug 29, 2023, 4:25 PM HAMPTONVA FOIA wrote:

Page 6
 On 8/29/2023 4:25:12 PM, HAMPTONVA FOIA wrote:

Subject: [Records Center] FOIA Request :: F012070-082223

Body: RE: PUBLIC RECORDS REQUEST of August 22, 2023, Reference # F012070-082223

Dear Alice Minium,

The City of Hampton, Virginia received a Freedom of Information Act request from you on August 22, 2023 in
which you requested:

"-Other-August 22, 2023

Dear Custodian of Records:

As a citizen and resident of Virginia, I exercise the rights afforded me by Va. statute § 2.2-3700 et seq.,
the Freedom of Information Act, and respectfully request access to the public records described in the
following three requests, which shall be sought from your agency annually:

(1) Recent Lawsuits & Settlement Data

I request copies of reports, lists, or databases detailing total number, case title, dates, court jurisdiction,
parties involved, nature of suit, settlement sums/costs, and status/outcome of all lawsuits filed or pending
in 2021-23 against your law enforcement agency. This includes requests for, or documentation of, funds
used to cover settlement agreements, court costs, other expenses related to lawsuits, and these total
amounts.
This request should be construed to include any document submitted to, compiled by, or in any way
maintained by your agency that lists lawsuits during the years 2022-23. If a document exists that
contains the requested information for some, but not all of the above mentioned years, please include
these document(s)
(3.) Recent Firearm Discharges & Law Enforcement Vehicle Crashes
I request records or reports summarizing or containing data on all firearm discharges by law
enforcement employees during the years 2021-23, including type of incident & disposition,
address/location of incident, the units involved, victim(s) and/or injuries if any, date of incident, available
summary reports, and date/time of event.
I also request records indicating the total number of accidents or crashes involving department vehicles
during 2021-23 annotated with similar data points, including the cost of damages from the incident
annotated for each.
I prefer to receive the responsive records by electronic means, sent as attachments or shared links to this
address: [email protected].

This request is being filed by Alice Minium, a citizen and resident of Richmond, VA and it is not being
made for commercial purposes. The requested documents will be made available to the general public.

I request a waiver of all fees on the basis that free access to this data is in the public interest. If you opt to
charge fees anyway, I will not require a cost estimate unless the total is expected to exceed $50. If so,
please provide a breakdown of these charges.

Page 7
If additional time is needed to fill this request, please let me know as soon as possible. Due to the size of
this request, I am happy to agree to an extension but ask that you please request one if you will need it.
Additionally, it is of great importance that we stay within that timeline as well.

Thank you in advance for your anticipated cooperation in this very important matter.
I look forward to receiving your response within 5 (five) business days as the statute requires.

Warm regards and very respectfully,

--
Alice Minium
Director/Senior Researcher, OpenOversight VA
701 E. Franklin St. Suite 105 1141 Richmond, VA 23219
(804) 404-3653, [email protected]
--"

Please be advised that the level of activity and attention necessary to isolate and review files and electronic
systems for records potentially responsive to your request make the response quite labor intensive given current
workloads in affected departments. Under those circumstances, it is difficult for the City to reasonably
determine, within five (5) working days, all of the records that may be responsive, whether any exemptions
from disclosure may apply, and whether to exercise any such exemptions. Accordingly, the City will take the
additional seven (7) work days provided in Virginia Code §2.2-3704(B)(4) to provide a response to your
request.

If you have any questions, please feel free to contact me.

Thank you for your attention.

Cheryl H. Mansfield
FOIA/Litigation Paralegal
Hampton City Attorney’s Office | 22 Lincoln Street, 8th floor | Hampton, VA 23669
Telephone: (757) 727-6127 | Fax: (757) 727-6788
[email protected]

On 8/29/2023 4:14:51 PM, HAMPTONVA FOIA wrote:

Subject: [Records Center] FOIA Request :: F012070-082223

Body: RE: PUBLIC RECORDS REQUEST of August 22, 2023, Reference # F012070-082223

Dear Alice Minium,

The City of Hampton, Virginia received a Freedom of Information Act request from you on August 22, 2023 in
which you requested:

"-Other-August 22, 2023

Page 8
Dear Custodian of Records:
As a citizen and resident of Virginia, I exercise the rights afforded me by Va. statute § 2.2-3700 et seq.,
the Freedom of Information Act, and respectfully request access to the public records described in the
following three requests, which shall be sought from your agency annually:

(1) Recent Lawsuits & Settlement Data

I request copies of reports, lists, or databases detailing total number, case title, dates, court jurisdiction,
parties involved, nature of suit, settlement sums/costs, and status/outcome of all lawsuits filed or pending
in 2021-23 against your law enforcement agency. This includes requests for, or documentation of, funds
used to cover settlement agreements, court costs, other expenses related to lawsuits, and these total
amounts.
This request should be construed to include any document submitted to, compiled by, or in any way
maintained by your agency that lists lawsuits during the years 2022-23. If a document exists that
contains the requested information for some, but not all of the above mentioned years, please include
these document(s)
(3.) Recent Firearm Discharges & Law Enforcement Vehicle Crashes
I request records or reports summarizing or containing data on all firearm discharges by law
enforcement employees during the years 2021-23, including type of incident & disposition,
address/location of incident, the units involved, victim(s) and/or injuries if any, date of incident, available
summary reports, and date/time of event.
I also request records indicating the total number of accidents or crashes involving department vehicles
during 2021-23 annotated with similar data points, including the cost of damages from the incident
annotated for each.
I prefer to receive the responsive records by electronic means, sent as attachments or shared links to this
address: [email protected].

This request is being filed by Alice Minium, a citizen and resident of Richmond, VA and it is not being
made for commercial purposes. The requested documents will be made available to the general public.

I request a waiver of all fees on the basis that free access to this data is in the public interest. If you opt to
charge fees anyway, I will not require a cost estimate unless the total is expected to exceed $50. If so,
please provide a breakdown of these charges.

If additional time is needed to fill this request, please let me know as soon as possible. Due to the size of
this request, I am happy to agree to an extension but ask that you please request one if you will need it.
Additionally, it is of great importance that we stay within that timeline as well.

Thank you in advance for your anticipated cooperation in this very important matter.
I look forward to receiving your response within 5 (five) business days as the statute requires.

Warm regards and very respectfully,

--
Alice Minium

Page 9
Director/Senior Researcher, OpenOversight VA
701 E. Franklin St. Suite 105 1141 Richmond, VA 23219
(804) 404-3653, [email protected]
--"

Please be advised that the level of activity and attention necessary to isolate and review files and electronic
systems for records potentially responsive to your request make the response quite labor intensive given current
workloads in affected departments. Under those circumstances, it is difficult for the City to reasonably
determine, within five (5) working days, all of the records that may be responsive, whether any exemptions
from disclosure may apply, and whether to exercise any such exemptions. Accordingly, the City will take the
additional seven (7) work days provided in Virginia Code §2.2-3704(B)(4) to provide a response to your
request.

If you have any questions, please feel free to contact me.

Thank you for your attention.

Cheryl H. Mansfield
FOIA/Litigation Paralegal
Hampton City Attorney’s Office | 22 Lincoln Street, 8th floor | Hampton, VA 23669
Telephone: (757) 727-6127 | Fax: (757) 727-6788
[email protected]

On 8/23/2023 1:27:17 PM, Alice Minium wrote:

TO: "HAMPTONVA FOIA"[[email protected]]

Ms. Mansfield,I do. Thank you so much!Respectfully,Alice Minium
On Wed, Aug 23, 2023 at 10:29 AM HAMPTONVA FOIA wrote:

Page 10
 On 8/23/2023 10:29:16 AM, HAMPTONVA FOIA wrote:

Subject: [Records Center] FOIA Request :: F012070-082223

Body:
Ms. Minium,

We are preparing an estimate of the time it will take to respond to your request. Please confirm that by “your
law enforcement agency,” you mean the Hampton Police Division.

If you have any questions, please feel free to contact me.

Thank you for your attention.

Cheryl H. Mansfield
FOIA/Litigation Paralegal
Hampton City Attorney’s Office | 22 Lincoln Street, 8th floor | Hampton, VA 23669
Telephone: (757) 727-6127 | Fax: (757) 727-6788
[email protected]

On 8/23/2023 10:19:06 AM, HAMPTONVA FOIA wrote:

Subject: [Records Center] FOIA Request :: F012070-082223

Body:
Ms. Minium,

We are preparing an estimate of the time it will take to respond to your request. Please confirm that by “your
law enforcement agency,” you mean the Hampton Police Division.

If you have any questions, please feel free to contact me.

Thank you for your attention.

Cheryl H. Mansfield
FOIA/Litigation Paralegal
Hampton City Attorney’s Office | 22 Lincoln Street, 8th floor | Hampton, VA 23669
Telephone: (757) 727-6127 | Fax: (757) 727-6788
[email protected]

On 8/22/2023 9:51:01 AM, HAMPTONVA FOIA wrote:

Page 11
Dear Alice Minium:

Thank you for your interest in public records of City of Hampton, Virginia. Your request has been received and
is being processed in accordance with the Virginia Freedom of Information Act. Your request was received in
this office on 8/22/2023 and given the reference number F012070-082223 for tracking purposes. Requests
received after 4:30pm on a business day will be processed the following business day. Requests received on
weekends, holidays, or other days City offices are closed will be processed on the next business day.

Records Requested: -Other

-August 22, 2023

Dear Custodian of Records:

As a citizen and resident of Virginia, I exercise the rights afforded me by Va. statute § 2.2-3700 et seq., the
Freedom of Information Act, and respectfully request access to the public records described in the following
three requests, which shall be sought from your agency annually:

(1) Recent Lawsuits & Settlement Data

I request copies of reports, lists, or databases detailing total number, case title, dates, court jurisdiction, parties
involved, nature of suit, settlement sums/costs, and status/outcome of all lawsuits filed or pending in 2021-23
against your law enforcement agency. This includes requests for, or documentation of, funds used to cover
settlement agreements, court costs, other expenses related to lawsuits, and these total amounts.
This request should be construed to include any document submitted to, compiled by, or in any way maintained
by your agency that lists lawsuits during the years 2022-23. If a document exists that contains the requested
information for some, but not all of the above mentioned years, please include these document(s)
(3.) Recent Firearm Discharges & Law Enforcement Vehicle Crashes
I request records or reports summarizing or containing data on all firearm discharges by law enforcement
employees during the years 2021-23, including type of incident & disposition, address/location of incident, the
units involved, victim(s) and/or injuries if any, date of incident, available summary reports, and date/time of

Page 12
event.
I also request records indicating the total number of accidents or crashes involving department vehicles during
2021-23 annotated with similar data points, including the cost of damages from the incident annotated for each.
I prefer to receive the responsive records by electronic means, sent as attachments or shared links to this
address: [email protected].

This request is being filed by Alice Minium, a citizen and resident of Richmond, VA and it is not being made
for commercial purposes. The requested documents will be made available to the general public.

I request a waiver of all fees on the basis that free access to this data is in the public interest. If you opt to
charge fees anyway, I will not require a cost estimate unless the total is expected to exceed $50. If so, please
provide a breakdown of these charges.

If additional time is needed to fill this request, please let me know as soon as possible. Due to the size of this
request, I am happy to agree to an extension but ask that you please request one if you will need it.
Additionally, it is of great importance that we stay within that timeline as well.

Thank you in advance for your anticipated cooperation in this very important matter.
I look forward to receiving your response within 5 (five) business days as the statute requires.

Warm regards and very respectfully,

--
Alice Minium
Director/Senior Researcher, OpenOversight VA
701 E. Franklin St. Suite 105 1141 Richmond, VA 23219
(804) 404-3653, [email protected]
--

Your request will be forwarded to the relevant department(s) to locate the records you requested and to
determine if there are any costs associated with responding to your request. The city has 5 business days to
respond to you, either by asking for more details about the request; filling the request; filling part of the
request; denying the request; or letting you know that the city needs more time. If all or part of your request is
denied, the city will state what parts of the Virginia Freedom of Information Act exempt that information from
mandatory public release. Note that FOIA does not require governments to create records that do not currently
exist. Governments can charge the cost of locating, reviewing, and copying records, and can request a deposit
if the cost is estimated to be more than $200.

You can monitor the progress of your request at the link below and you will receive an email when your
request has been completed. Again, thank you for using the Hampton Public Records Portal.

Page 13
City of Hampton, Virginia

To monitor the progress or update this request please log into the Public Records Portal

On 8/22/2023 9:50:59 AM, Alice Minium wrote:

Request Created on Public Portal

Page 14