Professional Documents
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MUNAH GREEN,
Plaintiff,
No. D-202-CV-2015-05680
v.
CITY OF ALBUQUERQUE,
Defendant.
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FACTUAL ALLEGATIONS
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6.
The Defendant admits the allegations contained in paragraph 6, but states further
that the written request was electronically submitted and received at
approximately 4:52 p.m. on Friday April 10, 2015. Additionally, the Defendant
states that the Albuquerque Police Department (APD) records custodians
office is housed within the APD Records division, which responds to requests to
inspect or obtain copies of APD related documents made pursuant to the
Inspection of Public Records Act (IPRA). The operating hours of the APD
Records IPRA division are 8:00 a.m. to 4:30 p.m., Monday through Friday.
7.
The Defendant admits that the Plaintiff submitted a request pursuant to IPRA, but
denies the remainder of the allegations contained in paragraph 7. The City states
further that the records sought pertained to an ongoing police investigation
containing many witnesses and potential criminal defendants; therefore, the
records are exempt from release under IPRA. NMSA 1978, 14-2-1(A)(4) states
as follows:
law enforcement records that reveal confidential sources, methods,
information or individuals accused but not charged with a crime. Law
enforcement records include evidence in any form received or compiled in
connection with any criminal investigation or prosecution by any law
enforcement or prosecuting agency
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The Defendant admits that the Plaintiff made a second request as attached in
Exhibit C. As to the other allegations contained in paragraph 13, the Defendant
states that the allegations call for a legal conclusion and therefore, require no
admission or denial. To the extent it can be construed that the allegations do
require an admission or denial, the allegations are denied.
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Defendant admits that APD held a press conference. As to the remainder of the
allegations contained in paragraph 18 of the Complaint, the Defendant states that
the allegations call for a legal conclusion and therefore, require no admission or
denial. To the extent it can be construed that the remainder of the allegations do
require an admission or denial, the allegations are denied.
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The Defendant states that the allegations in paragraph 27 call for a legal
conclusion and therefore, require no admission or denial. To the extent it can be
construed that the allegations do require an admission or denial, the allegations
are denied.
28.
The Defendant states that the allegations call for a legal conclusion and therefore,
require no admission or denial. To the extent it can be construed that the
allegations do require an admission or denial, the allegations are denied.
29.
The Defendant admits that the Plaintiff was not provided a copy of the cell phone
video shown to her, but is without sufficient information to admit or deny the
remainder of the allegations contained in paragraph 29 of the Complaint;
therefore, the same are denied.
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