RIVER HILLS, Wis. — TMJ4 has filed a lawsuit against the River Hills Police Department.
The suit stems from a burglary at Bucks player Bobby Portis' home; RHPD denied several open records requests about the incident before releasing a heavily redacted report to TMJ4.
When the initial open records requests were denied, lawyers for TMJ4 explained to RHPD that it had "failed to provide any legal explanation for [the] denial," and that "there is no blanket exemption for records related to an ongoing investigation."
Eventually, the department did release a 23 page report with almost every detail redacted. You can see that report below:
Bobby Portis Report -- Doub... by TMJ4 News
"What the River Hills Police Department has done here is to withhold essentially all information and that's what's being challenged," Bill Lueders said.
Lueders is the president of the Wisconsin Freedom of Information Council, a statewide group that works to protect public access to meetings and public records.
In a letter sent with that redacted report, leaders with RHPD explained that releasing more information would "have a chilling effect on persons willingness to provide candid and helpful information," and "would be an unwarranted invasion of personal privacy of the crime victim as well as persons that made statements to the Police."
"There may be things that they can withhold. The names of a suspect for instance. Some witnesses names could be withheld if there's a reason to do so. It's hard to see the rational for withholding essentially all information," Lueders explained.
In court documents, lawyers for TMJ4 argue that redacting so much of the report on the burglary is unnecessary as there is "no element of surprise here, as the burglary has been reported nationally and the perpetrators already know there is intense public interest in identifying and catching them."
"The thieves know what they took, they know how they did it, why shouldn't the public have specifics about this crime, so perhaps it can play a role in helping solve it," Lueders added.
Watch: TMJ4 files open records lawsuit against River Hills Police Department.
Those lawyers also point out that Portis himself asked for the public's help in finding the suspects — they argue releasing more information will aid the search effort.
"The court will rule whether the amount of secrecy that's being embraced here by River Hills Police Department is appropriate and justified or whether it is not. I believe it is not, and I believe they're going to lose this case if they fight it all the way down the line," Lueders said.
In its suit, TMJ4 is asking a judge order RHPD to provide the records requested as well as award TMJ4 attorney fees and damages of at least $100 for each violation.
TMJ4's Jenna Rae reached out to the River Hills Police Department for comment. Police Chief Michael Gaynor said he was not aware of the lawsuit and has to speak with RHPD legal counsel before commenting.
You can read the full petition below.
Petition for Writ of Mandamus by TMJ4 News on Scribd
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