LITTLE ROCK — Arkansas State Police (ASP) finds itself facing a lawsuit filed this week that alleges they violated the Arkansas Freedom of Information Act (FOIA) related to the shooting death of Bryan Malinowski.
On Tuesday, August 6, trial lawyers Joey McCutchen and Stephen Napurano, representing Conway resident Jimmie Cavin, filed a lawsuit in Pulaski County Circuit Court against the ASP. The lawsuit accuses ASP of multiple violations of FOIA in relation to the investigation into the shooting death of Bryan Malinowski involving the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Little Rock Police Department (LRPD).
Cavin’s lawsuit stems from his FOIA request for the complete investigation file regarding Malinowski’s death. While ASP provided several files, including audio recordings of interviews with ATF and LRPD officers, it did not include video recordings. An independent analysis revealed that the video data had been intentionally removed from the provided media files.
Subsequent FOIA requests by Cavin seeking details about the recording devices used and the ATF Operational Plan for the raid were also allegedly mishandled by ASP. The Operational Plan, crucial for understanding the raid’s procedures, was obtained only after a separate FOIA request to the Pulaski County Prosecuting Attorney’s Office, raising questions about ASP’s transparency.
Joey McCutchen criticized ASP, stating, “The Arkansas State Police holds itself out to be the premiere law enforcement agency of the state and has a core value of trust — to hold themselves to a higher standard of accountability. Arkansans should be able to trust the ASP to be transparent. If we can’t trust the ASP to provide all of our records when requested, who can we trust?”
McCutchen emphasized the need to strengthen the Arkansas Freedom of Information Act rather than weaken it in light of these allegations.
The lawsuit marks a significant challenge to ASP’s transparency and adherence to FOIA regulations.
“This is one reason we need to strengthen, not weaken, our Arkansas Freedom of Information Act,” McCutchen said.
FOIA COMPLAINT Bryan Malinowski
SHARE THIS STORY WITH OTHERS:
Discover more from NEA Report
Subscribe to get the latest posts sent to your email.
I believe the governor should appoint an independent investigator. Some people think a months-long witch hunt over a lectern is appropriate – yet another person being killed by federal agents with no justification needs investigation. It the ASP is covering something up it needs to come out and those responsible should be held accountable.