FOIA & Records Requests

Why records requests come first

You were there. You know what happened to you. But a federal judge reviewing a motion to dismiss doesn’t know — and under Iqbal, your conclusions about what happened won’t survive. You need documents that turn “I believe the officer used excessive force” into specific, sourced factual allegations.

Public records requests are your pre-filing discovery. They’re cheaper, faster, and less adversarial than formal discovery — and critically, they’re available before you file suit. Many agencies become significantly less cooperative once litigation begins.

For a deep dive on strategy — how to request without tipping your hand, how agencies fight you, and when you may need to sue for access — read How to Get Public Records Police Don’t Want You to Have.

What to request

Body-worn camera footage

This is usually your most important evidence. BWC footage is close to objective — it shows what happened from the officer’s perspective, and often captures audio that contradicts official reports.

Request: All body-worn camera footage from every officer present at the incident, including footage from officers who arrived as backup, even briefly.

Why every officer: The primary officer’s camera may show only their perspective. A backup officer’s camera often captures the moments before and after — the approach, the takedown from a different angle, what was said when the primary officer’s camera was conveniently obscured.

What to do with it:

• Transcribe every word — audio is evidence. Note who said what and the exact timestamp.
• Screenshot key frames — the moment of contact, the handcuff position, facial expressions, visible injuries.
• Note gaps — cameras turned off, “buffering” periods (most BWC systems record video without audio for 30–120 seconds before activation), angles that conveniently miss the critical moment.
• Compare to reports — the incident report says “subject was actively resisting.” Does the footage show that? Discrepancies between reports and footage are powerful evidence.

Dispatch audio and CAD records

Computer-Aided Dispatch (CAD) records show the timeline the department created in real time — what was reported, what code was used, which units were dispatched, and when they arrived.

Request: CAD logs and dispatch audio for all calls related to the incident, including the initial call, all dispatched units, and any related calls within 30 minutes before and after.

Why it matters: CAD records are created in real time by dispatchers with no motive to shade the facts. If the arrest report says officers responded to a “disturbance” but dispatch audio shows the call was for a “man taking photographs,” that discrepancy is evidence of post-hoc justification.

Incident and arrest reports

Request: All incident reports, arrest reports, supplemental reports, and use-of-force reports related to the incident. Include reports filed by every officer present, not just the arresting officer.

What to look for:

• Boilerplate language — phrases like “subject tensed up” or “exhibited pre-attack indicators” that appear identically across multiple reports suggest coordinated reporting rather than independent recollection
• Omissions — what happened that isn’t in the report? Compare to BWC footage.
• Timing — when was the report written? Reports written hours or days later are less reliable than reports written at the scene.

Department policies

Request: Current and historical (as of incident date) policies on:

• Use of force (including force continuum/matrix)
• Arrest procedures
• Body-worn cameras (activation requirements, retention schedules)
• First Amendment activity / photography / recording by civilians
• Retaliation / retaliatory arrest
• Complaint procedures
• Early warning systems for officers with repeated complaints

Why it matters: Policy violations don’t automatically establish constitutional violations — but they’re relevant evidence. An officer who violates their own department’s use-of-force policy is harder to defend as “objectively reasonable” under Graham v. Connor. Department policies also feed Monell claims: a policy that authorizes unconstitutional conduct, or the absence of a policy where one is obviously needed, can establish municipal liability.

Internal affairs and complaint history

Request: All citizen complaints filed against the officer(s) involved in your incident, including outcomes. Also request any internal affairs investigations, early intervention system flags, or disciplinary actions.

Expect resistance here. Many agencies will claim personnel records are exempt. The scope of this exemption varies dramatically by state. Some states (like New York, until the 2020 repeal of § 50-a) shielded nearly everything. Others are more open. Research your state’s specific exemptions before requesting.

Even partial disclosure helps: If you learn that Officer Smith had 12 prior excessive force complaints with zero sustained findings, that pattern is relevant to a failure to supervise or Canton failure-to-train claim — even if the details of each complaint are withheld.

Statistical data

This is what separates mediocre complaints from strong ones. Statistical patterns transform individual incidents into evidence of systemic problems — and systemic problems support Monell claims.

Request:

• Arrest data: Total arrests by officer, by charge, by demographic breakdown (race, age, gender) for the past 3–5 years
• Use-of-force reports: Total incidents by officer, compared to department-wide averages
• Complaint data: Complaints per officer, sustained vs. not sustained, compared to department average
• Charge outcomes: For the charge(s) you faced, how often are those charges filed department-wide? How often are they dismissed, reduced, or result in conviction?
• Training records: Hours of use-of-force training, de-escalation training, constitutional policing training

What to do with it:

• Compare your officer(s) to the department average. If Officer Smith accounts for 3% of the department but 15% of use-of-force incidents, that’s a pattern.
• Compare across officers. Are the officers involved in your incident statistical outliers? Or is the entire department aggressive?
• Look for demographic patterns. If the charge used against you is disproportionately applied to a particular demographic, that’s relevant — especially to First Amendment retaliation claims where selective enforcement is at issue.
• Calculate rates, not just totals. An officer with 10 complaints who made 5,000 arrests has a different profile than an officer with 10 complaints who made 200 arrests.

Other records to consider

• Jail booking records — intake photos showing injuries (or lack thereof), medical screening forms
• 911 recordings — what the caller actually reported vs. what officers said was reported
• Surveillance camera footage — many agencies have fixed cameras that captured the area
• Training materials — what officers were taught about the exact situation in your case
• Prior lawsuits — check PACER and your state court records for prior § 1983 cases against the same officer(s) or department. These are public records. Install the RECAP browser extension ↗ to access PACER documents others have already saved for free via CourtListener ↗ — and to contribute the ones you pull.

How to file requests

Federal agencies: FOIA

The Freedom of Information Act (5 U.S.C. § 552) applies to federal agencies. Most § 1983 cases involve state or local police, so you’ll typically use state law instead — but if federal agents were involved (DEA, FBI, CBP, ICE), FOIA is your tool.

• Response deadline: 20 business days (often exceeded)
• Appeals: You can appeal denials to the agency’s FOIA appeals office
• Fee waivers: Available if disclosure serves the public interest

State and local agencies: Open records laws

Every state has its own public records law. The name varies — “Freedom of Information Act,” “Public Records Act,” “Open Records Act,” “Right to Know Law” — but the principle is the same: government records are presumptively public.

Key variables by state:

• Response deadlines: Range from 3 business days (some states) to 30+ days
• Exemptions: Personnel records, ongoing investigations, and attorney-client privilege are common exemptions — but the scope varies enormously
• Fees: Some states allow only actual copying costs; others allow agencies to charge for search time
• Appeals: Most states have an administrative appeal process; some allow direct court action
• Penalties: Some states impose penalties on agencies that fail to comply

Find your state’s law: The Reporters Committee for Freedom of the Press maintains a comprehensive, free, state-by-state guide to open records laws.

Practical tips

1. Be specific but broad. “All body-worn camera footage from officers present at [location] on [date] between [time] and [time]” is better than “all records related to my arrest.” Specific requests get faster responses. But don’t be so narrow that you miss relevant records.

2. Request by incident, not by your name. Some agencies will claim they can’t search by your name. Request by date, location, CAD number, or report number instead.

3. Submit in writing. Email is fine in most jurisdictions. Keep a copy of everything you send.

4. Set a deadline in your request. Reference your state’s statutory response period: “Pursuant to [State Code Section], I request a response within [X] business days.”

5. Log every request. Create a tracking spreadsheet:

Date Sent	Agency	Records Requested	Deadline	Response Date	Result
2024-03-15	Irving PD	BWC footage	2024-03-25	2024-03-22	Received
2024-03-15	Irving PD	Complaint history	2024-03-25	—	No response

6. Appeal every denial. Agencies routinely deny requests that they’re legally required to fulfill. The appeal process exists because initial denials are often wrong. Don’t accept “exempt” without verifying the claimed exemption applies in your state.

7. Document obstruction. If an agency ignores your requests, sends you in circles, or charges unreasonable fees, document everything. Obstruction of public records requests can be relevant to your case — it shows the agency’s approach to transparency and accountability.

When requests get blocked

Expect some requests to be denied, delayed, or partially fulfilled. This is normal. Here’s how to handle common problems:

• “Records are part of an ongoing investigation”: Ask when the investigation will conclude. File again after it closes. Note: many states limit this exemption to active criminal investigations — if your case was dismissed or resolved, the exemption may no longer apply.
• “Personnel records are exempt”: Challenge this. Many states exempt some personnel records but not disciplinary outcomes or complaint statistics. Request the non-exempt portions separately.
• “No responsive records”: This is sometimes true and sometimes a lie. If you know records exist (because they were referenced in a report or you saw the camera), appeal and explain why you believe records exist.
• Radio silence: Send a follow-up referencing the statutory deadline. If still no response, file an administrative complaint or appeal.

Keep everything. Every request, every response, every denial, every appeal. These records may become exhibits if you later argue the agency engaged in spoliation or destroyed evidence.

What comes next

Once you have your records, you need to organize them. Move on to organizing your war room — the folder structure and strategy documents that will keep your case manageable as it grows.

Template: FOIA / Open Records Request Letter

Adapt this for your state’s specific open records law. The Reporters Committee for Freedom of the Press has state-specific guidance.

[Your Name] [Your Address] [Your Email] [Date]

[Records Custodian / FOIA Officer] [Agency Name] [Agency Address]

Re: Public Records Request Pursuant to [State Open Records Act / FOIA — cite specific statute]

Dear Records Custodian:

Pursuant to [your state’s open records statute, e.g., “the Texas Public Information Act, Tex. Gov’t Code §§ 552.001–552.353”], I request copies of the following records:

1. All body-worn camera footage from officers responding to [location] on [date] between [start time] and [end time], including pre-event buffer recordings
2. All dispatch audio and CAD logs for calls related to [location] on [date] between [start time] and [end time]
3. All incident reports and arrest reports generated in connection with activity at [location] on [date]
4. [Add other specific records as needed]

I request electronic copies in the format in which records are maintained (video files, PDF, spreadsheet, etc.). If electronic delivery is not available, I accept paper copies.

If any portion of the requested records is claimed exempt, I request that exempt material be redacted and all non-exempt portions be produced, as required by [cite your state’s segregability provision].

If fees will exceed $[amount], please notify me before proceeding. [Optional: I request a fee waiver under [cite provision]. Disclosure of these records serves the public interest because [explain — government accountability, public safety, etc.].]

Under [state statute], I request a response within [statutory deadline — e.g., “10 business days”].

Thank you for your prompt attention to this request.

Sincerely,

[Your Name]

Notes:

• Request by date, location, and time — not by your name. See How to Get Public Records Police Don’t Want You to Have for why this matters.
• Keep requests focused. Multiple smaller requests get faster responses than one massive request.
• Cite the specific statute. It signals that you know the law and intend to enforce your rights.

Template: FOIA / Open Records Appeal Letter

When your request is denied, delayed, or only partially fulfilled, appeal. Initial denials are often wrong.

[Your Name] [Your Address] [Your Email] [Date]

[Appeals Officer / Agency Head / Attorney General — varies by state] [Office Name] [Address]

Re: Appeal of Public Records Denial — Original Request Dated [Date]

Dear [Appeals Officer]:

I appeal the [denial / partial denial / non-response] to my public records request dated [original request date], submitted to [agency name] pursuant to [state open records statute].

Original request: [Briefly describe what you requested]

Agency response: [Describe what happened — denial with cited exemption, partial production with redactions, or no response at all]

Basis for appeal:

[Choose the relevant argument(s):]

If an exemption was claimed: The agency cited [exemption provision] as grounds for withholding. This exemption does not apply because [explain specifically — e.g., “the investigation referenced by the agency was closed on [date], and the exemption applies only to active investigations” or “body camera footage of a public arrest does not constitute a protected personnel record under [statute]”].

If records were heavily redacted: The redactions are overbroad. [Explain specifically — e.g., “The officer’s name was redacted from the use-of-force report, but the officer’s identity is already public record as the arresting officer listed on the publicly filed arrest report.”] I request a Vaughn index identifying each redaction and the specific exemption claimed.

If there was no response: The statutory response deadline of [X business days] under [statute] expired on [date]. No response has been received. Under [statute], failure to respond within the statutory period constitutes a constructive denial, which is appealable.

I request that the agency be ordered to produce the requested records in full, with redactions limited to genuinely exempt material.

Sincerely,

[Your Name]

Enclosed: Copy of original request; copy of agency response (if any)