Michigan Court of Appeals Orders City of Taylor to Release Police Misconduct Records

Case Summary

The Michigan Court of Appeals has ruled that the City of Taylor must comply with a Freedom of Information Act (FOIA) request submitted by the ACLU of Michigan seeking police misconduct records dating back to 2021.

The request covers documents involving allegations of racial profiling, racial discrimination, harassment, or excessive force by Taylor police officers.

Background

The ACLU filed a FOIA request seeking records related to police misconduct but was denied on the grounds that the request was overly broad and insufficiently specific. The ACLU argued that it could not provide more detail because it had never been allowed to view the records it sought

Court of Appeals Decision

In an unsigned opinion, a three‑judge panel rejected the city’s arguments and held that the FOIA request was sufficiently clear. The court emphasized that the request sought any documents “that relate, even minimally” to the listed categories of misconduct and criticized the city’s position as “mystifying”.

The court also rejected the city’s claim that the records were exempt due to a separate federal lawsuit involving police misconduct. The panel held that parallel litigation does not justify withholding public records under FOIA.

Reversal of Lower Court and Cost Award

The decision reverses a Wayne County Circuit Court ruling that had dismissed the FOIA case. The Court of Appeals ordered the City of Taylor to pay the costs associated with litigating the matter.

What Happens Next

The City of Taylor did not respond to inquiries regarding whether it plans to appeal to the Michigan Supreme Court.

Oh what secrets await to be revealed.

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Frequently Asked Questions (FAQs)

 

Q: What records did the ACLU request?
A: Records involving allegations of racial profiling, racial discrimination, harassment, or excessive force by Taylor police officers.

Q: Why did the City of Taylor deny the request?
A: The city claimed the request was too broad and not specific enough to process.

Q: How did the Court of Appeals respond to that argument?
A: The court rejected it, stating the request clearly sought documents related to specific categories of misconduct and calling the city’s position “mystifying”.

Q: Did the federal lawsuit involving police misconduct affect the FOIA request?
A: No. The court held that parallel litigation does not justify withholding public records under FOIA.

Q: What is the immediate impact of the ruling?
A: The city must comply with the FOIA request and pay the ACLU’s litigation costs. It may still seek review by the Michigan Supreme Court

Q: If we withheld their pay and threatened termination. How fast do you think the public information we paid for would be released?
A: Probably yesterday

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