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Nebraska Police Reports Only Exempt From Disclosure If Investigative Or Intelligence Information

Former misdemeanor convicted Nebraska citizen Phillip Fourcloud appealed the denial of offense and incident report's disclosure relating to his conviction. The court reversed the denial because the City of Fremont failed to prove the document's exemption and awarded attorney's fees.

Fourcloud was sentenced to probation for disturbing the peace and resisting arrest in
1988. When his probation expired in 1990 he requested various reports. The City refused to
produce certain reports claiming that the production was not statutorily mandated. His motion to compel was denied and he appealed arguing that the reports were not investigatory as statutorily defined.

The Nebraska Court of Appeals reversed the nondisclosure ruling. It was determined that an interpretation between two conflicting statutes supported the legislative intent that withholding was only proper if part of investigative or intelligence information, which the City failed to prove. See: Fourcloud v. City of Fremont. 3 NCA 986 (Neb. App. 1993).

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Related legal case

Fourcloud v. City of Fremont