Basey v. Alaska Dept. of Public Safety, Division of Alaska State Troopers

Kaleb Basey was the subject of a joint criminal investigation conducted by the Alaska State Troopers (AST) and the Fort Wainwright Criminal Investigation Division. He was a party to two federal cases stemming from that investigation. First, Basey was indicted by a federal grand jury in December 2014 and was the defendant in a federal criminal case. Second, Basey brought a federal civil rights lawsuit in January 2016 against more than a dozen named individuals, including AST officers, based on their alleged actions during the investigation and his arrest. Basey filed two public records requests with AST seeking records related to his specific investigation, records related to AST’s use of military search authorizations, and disciplinary and training certification records for two AST investigators who were defendants in the civil case. About a week later AST denied Basey’s requests on the basis that all of the information he requested pertained to pending litigation. Basey appealed to the Commissioner of the Department of Public Safety; the Commissioner denied the appeal. The denial letter stated that the requested records “pertain to a matter that is currently the subject of civil and/or criminal litigation to which [Basey is] a party” and that pursuant to AS 40.25.122 the records “continue to be unavailable through [a public records request] and must be obtained in accordance with court rules.” Basey subsequently filed a complaint to compel AST to produce the records. The State filed a motion to dismiss, asserting that two statutory exceptions justified the denial of Basey’s requests. On appeal to the Alaska Supreme Court, Basey argued AST had to comply with his requests for the records he requested. After review, the Supreme Court concluded the State could not establish disclosure of these records “could reasonably be expected to interfere with enforcement proceedings” or that either of these pending actions “involv[es] a public agency” as required by the statutory exceptions the State cited. View "Basey v. Alaska Dept. of Public Safety, Division of Alaska State Troopers" on Justia Law