In a pivotal decision, the Michigan Court of Appeals has mandated that the city of Taylor disclose police misconduct reports from 2021 onwards, following a Freedom of Information Act (FOIA) request. This ruling marks a significant victory for the ACLU of Michigan, which initiated the request for records detailing instances of racial profiling, discrimination, harassment, or excessive force by the police in this southeast Michigan locality.
The city’s refusal to provide the requested documents prompted the ACLU to file a lawsuit. The city argued that the request was too vague and extensive to fulfill. However, a recent opinion from a three-judge panel dismissed these claims. The judges stated, “The request was for documents that relate, even minimally, to allegations or findings that police officers engaged in racial profiling, racial discrimination, harassment, or excessive force. How this request was deemed incomprehensible is mystifying.”
Mark Fancher, an attorney for the ACLU, criticized the city’s defense, suggesting it avoided the law’s purpose, which is to facilitate public access to government information. He explained to Michigan Public Radio, “The ACLU is not able to provide detailed descriptions of the records because they don’t have them. They haven’t seen them.”
The court also dismissed the city’s contention that the documents should remain confidential while the ACLU is engaged in a separate federal lawsuit regarding police misconduct. Furthermore, the city has been ordered to cover the legal expenses associated with the FOIA litigation, overturning a previous Wayne County Circuit Court ruling that had dismissed the case.
As of now, the city has not responded to inquiries about its next steps or whether it intends to challenge the decision in the Michigan Supreme Court.
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