ESPN sues Notre Dame over police records

[bkess8]

he South Bend Tribune's complaint stemmed from a request to Notre Dame for police reports and other documents about a Sept. 6, 2014, incident in which a man was critically injured falling down a stairwell in the university's Main Building. The incident happened after a band concert in the Main Building about a hour before the start of the Notre Dame-Michigan football game.[/B]
ESPN is asking that the court order Notre Dame to release the requested records for inspection and copying, and order NDSP to pay a civil penalty and court fees. No hearing date has yet been set.

I'm sorry but who gives a ****. Why does ESPN care about this? Are they now CNN? I thought they only did sports reporting.

I hope no one stubs a toe in the hallway at Alabama or Florida State and doesn't share that story with ESPN. ESPN might get their asses!

 

[connor_in]

But what was the air pressure in the stairwell and did the temperature there effect it

 

[wizards8507]

Don't know if everyone has clicked the links, but the South Bend Tribune has also filed complaints against Notre Dame for the same alleged violations. TBD if they'll enter the lawsuit or file one of their own.

 

[woolybug25]

NDSP is NOT The University of Notre Dame. I like laws that provide oversight over police.

Also, I hope and pray that any investigation reveals that my university did nothing wrong. If they DID do something wrong, I'd hope you wouldn't be so biased as to root for them to get away with it.

Oh... so your employer is only suing the NDPD, then?

Whatever... we both know the score, you just want to turn your head from the scoreboard.

I gave you a link showing FSU telling ESPN to go to hell, but you don't want to acknowledge that one. Why didn't they sue them?

 

[connor_in]

Again, not a lawyer, but I believe they'd lose their firearms and a number of other capabilities in that case.

But i am told you have stayed at a Holiday Inn Express

 

[kmoose]

Again, not a lawyer, but I believe they'd lose their firearms and a number of other capabilities in that case.

But they would tell your bosses to go fvck themselves.

That might be a fair trade-off

 

[wizards8507]

I gave you a link showing FSU telling ESPN to go to hell, but you don't want to acknowledge that one. Why didn't they sue them?

Wooly, the article you posted has an EXTREMELY misleading headline. The article actually contains 20 pages of the hundreds that TPD released at the request of ESPN.

The Tallahassee Police Department on Wednesday released hundreds of police reports related to Florida State University athletes in response to an ESPN public records request.

The request came after TPD and FSU were the subject of major investigative stories by the New York Times earlier this year. The Times articles focused mostly on how the agency and the department handle police run ins involving FSU players, including quarterback Jameis Winston.

Paula Lavigne, an ESPN reporter for the show "Outside the Lines," in September requested police records for the names of 360 FSU athletes, which produced 300 police reports TPD handed over to ESPN on Wednesday. The records include reports in which the names of athletes were listed as either a witness, victim, suspect or reporting party, according to TPD spokesman David Northway.

TPD alerted local media to the request Wednesday afternoon.

Northway said a misstep was noted while sifting through the records.

One sexual assault case involving an FSU football player had a piece of evidence that was not immediately processed. The piece of evidence ultimately had no impact on the case, Northway said. The case was subsequently reclosed. No charges were filed after TPD consulted with the State Attorney's Office.

Another case that came up in the report involved an aggravated assault in which two men were alleged to have brandished a handgun at a neighbor on July 17. Running back Dalvin Cook is listed as an associate in the case, which is still under investigation.

"We are committed to ensuring that every citizen of this community, including our university students, know that we take every report of possible activity seriously," said TPD Chief Michael DeLeo.

TPD releases FSU athlete police records to ESPN

 

[phgreek]

I'm not a lawyer and my inclination is that this is a pile of crap, but this is the "Devil's Advocate" side of things.

Opinion: Notre Dame police subject to records law | wlfi.com

Separately:

ouch...sounds bad.

One thing I would say though. I think it matters HOW the ND police operate.

The state level credentials could be just that. Something to show ND was diligent in its training, and the standard bearer for such training is the state.

Do ND cops ever arrest people off campus. Do they patrol areas outside the boundaries of ND? Do they participate in off campus interdepartment "busts"? If not, I still think they are an armed security force for ND. I don't see the fact that they can appear in court and are treated like other police is important...

 

[IrishLax]

Because their objection is to a violation of the INDIANA public records law. Other schools with scandals (see: FSU) have complied with ESPN's requests.

TPD releases FSU athlete police records to ESPN

D.J. Pettway among 4 Alabama Crimson Tide freshmen facing charges - ESPN

ETA: Related from another thread.

Notre Dame violated law if it didn't release police records, opinion says - South Bend Tribune: Education

Student privacy only applies to the student's interaction with the University. The argument contends that NDSP is not part of "the University" so much as they're a public police force chartered by the state of Indiana.

NDSP is NOT The University of Notre Dame. I like laws that provide oversight over police.

Also, I hope and pray that any investigation reveals that my university did nothing wrong. If they DID do something wrong, I'd hope you wouldn't be so biased as to root for them to get away with it.

I'm not a lawyer and my inclination is that this is a pile of crap, but this is the "Devil's Advocate" side of things.

Opinion: Notre Dame police subject to records law | wlfi.com

Separately:

So yes, you're presenting the one side of the opinion. Which is that because NDSP gets it's authority from the state they have to comply with requests per state law.

The other side of the opinion -- which is what the last three people to fill the Public Access Adviser role all stated -- is that because NDSP is a private security police force of a private University it does not matter that they're empowered to operate by the state and they are NOT governed by public access laws.

Right now "lawyers" are 3-to-1 against NDSP having to respond to FOIA/public records requests. The law hasn't changed, and there is literally only this one new dude who thinks they owe ESPN anything.

 

[wizards8507]

So yes, you're presenting the one side of the opinion. Which is that because NDSP gets it's authority from the state they have to comply with requests per state law.

The other side of the opinion -- which is what the last three people to fill the Public Access Adviser role all stated -- is that because NDSP is a private security police force of a private University it does not matter that they're empowered to operate by the state and they are NOT governed by public access laws.

Right now "lawyers" are 3-to-1 against NDSP having to respond to FOIA/public records requests. The law hasn't changed, and there is literally only this one new dude who thinks they owe ESPN anything.

I agree. I never said "ESPN is suing Notre Dame and should definitely win," I was just pointing out the grounds on which they filed the suit.

Separately, does this Public Access cat have any power? Is this just going to be a toss-up based on what judge's desk it lands on?

 

[phgreek]

So yes, you're presenting the one side of the opinion. Which is that because NDSP gets it's authority from the state they have to comply with requests per state law.

The other side of the opinion -- which is what the last three people to fill the Public Access Adviser role all stated -- is that because NDSP is a private security police force of a private University it does not matter that they're empowered to operate by the state and they are NOT governed by public access laws.

Right now "lawyers" are 3-to-1 against NDSP having to respond to FOIA/public records requests. The law hasn't changed, and there is literally only this one new dude who thinks they owe ESPN anything.

There ya go...that makes sense to me...

 

[NCND]

Has ESPN ever sued any other university?

 

[Cali_domer]

Has ESPN ever sued any other university?

Great question

 

[Crazy Balki]

So yes, you're presenting the one side of the opinion. Which is that because NDSP gets it's authority from the state they have to comply with requests per state law.

The other side of the opinion -- which is what the last three people to fill the Public Access Adviser role all stated -- is that because NDSP is a private security police force of a private University it does not matter that they're empowered to operate by the state and they are NOT governed by public access laws.

Right now "lawyers" are 3-to-1 against NDSP having to respond to FOIA/public records requests. The law hasn't changed, and there is literally only this one new dude who thinks they owe ESPN anything.

Like I anticipated, I can't wait to see the countersuit. I can imagine it'll be something like this...

<iframe allowfullscreen="" frameborder="0" height="344" src="https://www.youtube.com/embed/fKrCgk_txOM" width="459"></iframe>

 

[IrishLax]

I agree. I never said "ESPN is suing Notre Dame and should definitely win," I was just pointing out the grounds on which they filed the suit.

Separately, does this Public Access cat have any power? Is this just going to be a toss-up based on what judge's desk it lands on?

Literally no power. He renders an "opinion" that has no legal weight. He's just a dude.

I think it's going to be a toss-up depending on the judge. ND has the precedent and years of rejections on their side, plus some prior case law that suggests that NDSP doesn't have to comply with requests. But there's clearly a side to this where some people think they should have to comply, which is why we have courts of law to decide who is correct and why.

I doubt this gets resolved for months-to-years unless ND doesn't want to fight the legal battle or otherwise doesn't like the optics.

 

[MNIrishman]

Someone fell down the stairs? I'm not sure what the potential scandal is here. Why do multiple media outlets want to know what happened? Is there a rumor that Manti Teo did it? Did Tommy Rees run just fast enough to knock this person over? What's the deal?

 

[wizards8507]

Has ESPN ever sued any other university?

At least twice, Ohio State and Texas.

ESPN sues Ohio State for release of Tressel emails | The Columbus Dispatch

Courthouse News Service

 

[kmoose]

I would think that this debate would boil down to this:

1. There are Public Records Laws because the people pay for the organizations that serve them, through taxes. The University of Notre Dame is NOT a public organization, and therefore not bound by public records laws.

2. The State of Indiana may, or may not, have a clause requiring that any Law Enforcement Agency that it empowers must abide by all public records laws. If it doesn't, then refer back to point #1, and the lawsuit is dismissed. If it does, then the court could find that NDPD violated the terms of it's empowerment, and therefore is in breach of contract.

3. Because Notre Dame is not a public entity, I don't think that the courts will be able to compel them to turn over any records. The reports in question presumably cover a student's interaction(whoever fell down the steps) with an employee of the University(the cop), and will be covered under student privacy laws. I think, at best, the court will be able to find NDPD in breach, and declare their certification by the State to be null and void.

 

[IrishLax]

Someone fell down the stairs? I'm not sure what the potential scandal is here. Why do multiple media outlets want to know what happened? Is there a rumor that Manti Teo did it? Did Tommy Rees run just fast enough to knock this person over? What's the deal?

It was, I think, during or just following trumpets under the dome. Did the guy die? I forget, I know it was really bad and I heard it rumored from some that it was a suicide attempt.

 

[NCND]

At least twice, Ohio State and Texas.

ESPN sues Ohio State for release of Tressel emails | The Columbus Dispatch

Courthouse News Service

Thanks. Man, I'll give you credit because you sure are sticking up for your company.

 

[wizards8507]

Further in response to "has ESPN ever sued another University," most big time programs are state schools and there's no gray area about whether those schools have to comply with public records laws. They absolutely do, so there's no need for a lawsuit.

 

[ND NYC]

ND should be using the Swiss Guard for campus security

 

[ND NYC]

connor I tried!

 

[Circa]

fuck off espn

No really. ESPN will always be another network looking for clicks!!

 

[ulukinatme]

Hey, season is over, time to look for some bullshit for clicks ~ESPN

 

[aubeirish]

TMZ sports and ESPN is literally the same thing. It would have no place if we lived in a decent world.

 

[JughedJones]

 

[JughedJones]

Further in response to "has ESPN ever sued another University," most big time programs are state schools and there's no gray area about whether those schools have to comply with public records laws. They absolutely do, so there's no need for a lawsuit.

lulz.


this gets better and better.

 

[connor_in]

connor I tried!

I went in and the address inside the image blocks

in your post looks to be a Google search page. I followed one to its actual site then right clicked on just the pic for its properties and got http://ikangaroo.com/wp-content/uploads/2008/09/1000-300x205.jpg

Now I hit the picture box and paste and OK and viola

If you go to quote my post, you can see the address of the pic in between

 

[Old Man Mike]

Why is this an Athletic Department story? And if not, why would ESPN be interested unless they really DO just hate the University? And if that's true, why aren't they investigating whether Notre Dame is being cruel to animals in research labs, or buying goods from China, or publishing treasonable thoughts in academic papers? --- Oh, the horrors they might reveal!!!