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PR 20-53 Caldwell v. City of Providence – No violations

The Complainant alleged that the City violated the APRA by (1) withholding certain dispatch records pursuant to R.I. Gen. Laws §§ 38-2-2(4)(D), "to prevent the disclosure of information which (a) could reasonably be expected to interfere with investigations of criminal activity or with enforcement proceedings and (b) would deprive a person of a right to a fair trial or an impartial adjudication," and (2) failing to respond to Complainant's administrative appeal in a timely fashion. Although the Complainant alleged that the reasons for withholding had become moot, the Complainant did not dispute the City's argument that the requested records pertained to an incident which was still under investigation at the time when the request was denied. Based on the record, including our in camera review of the withheld records, we found the City's decision not to disclose the requested records did not violate the APRA. We also found insufficient evidence to support an allegation that the City had not responded to Complainant's administrative appeal. Accordingly, we found no violations.

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