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Monday, August 17, 2015

Ind. Courts - ESPN files its brief in its state court appeal to obtain access to the reports of the Notre Dame police

This ILB post from Jan. 21, 2015 is the first in a long series of posts detailing the court action in this case. It included this quote from a story from Margaret Fosmoe of the South Bend Tribune:

SOUTH BEND — ESPN has filed a lawsuit against the University of Notre Dame claiming the university violated Indiana's public records law by refusing to release campus police records.

The suit alleges that Notre Dame officials violated Indiana's Access to Public Records Act by refusing to release Notre Dame Security Police records requested by ESPN. The case was filed Jan. 15 in St. Joseph Superior Court.

The suit was filed on behalf of ESPN Inc., the sports media company based in Bristol, Conn., and ESPN reporter Paula Lavigne, who requested the records. Lavigne in September and November 2014 made formal requests to Notre Dame for police incident reports and logs related to student athletes, but was turned down both times.

As evidence in the lawsuit, ESPN submitted two written opinions by Indiana Public Access Counselor Luke Britt.

Also relevant is this Dec. 19, 2014 post headed "Public Access Counselor says Notre Dame police subject to public records law."

On April 20, 2015, St. Joseph County Superior Court Judge Steven Hostetler ruled in favor of Notre Dame. Here is the opinion.

ESPN appealed. Here is the dynamic link to the appellate docket in ESPN v. University of Notre Dame Security Police Department.

Here is appellant-plaintiff ESPN's 60-page brief, filed August 13, 2015.

Here is the 27-page amicus brief filed by the South Bend Tribune and the Hoosier State Press Association.

Here is the 25-page amicus brief filed by the State of Indiana, as noted in this post Friday.

The ILB will post the brief of the Notre Dame Security Police Dept. when it is filed next month.

[Updated 8/18/15]
See also this story today from Courthouse News.

Posted by Marcia Oddi on August 17, 2015 01:15 PM
Posted to Indiana Courts