Black v. Warden, State of Connecticut, Department of Correction
Connecticut General Statutes §1-212(a) provides in relevant part that "[a]ny person applying in writing shall receive, promptly upon request, a plain, facsimile, electronic or certified copy of any public record." Jamal Black appealed to the Freedom of Information Commission alleging that the Department of Correction and the warden of the department violated the Freedom of Information Act by failing to provide him with a copy of requested records concerning an incident report, an inmate property monthly disposal report or CN61005 form and an inmate property status and receipt or CN61002 form, concerning his Nintendo game system and video games confiscated by a correctional officer. The FOIC found that the respondents acknowledged receipt of a July 10, 2011 request on July 15, 2011. The complainant's confiscated property was referenced in a related disciplinary report against another inmate. The disciplinary report served as a receipt of property in lieu of the CN61005 and CN61002 forms. The respondents offered to provide the incident report first requested by the complainant in March 2011 to the complainant on March 22, 2012. By that point, the complainant had already received a copy of the report from another inmate. The FOIC found that the respondents failed to provide the incident report to the complainant in a prompt manner and violated the promptness provisions of the FOIA. The respondents were direct to strictly comply, henceforth, with the promptness provisions of C.G.S. §1-210(a) and §1-212(a).