TO: Mayor and Members of City Council
THRU: Joshua E. Hall, Police Attorney
FROM: Lachelle H. Pulliam, City Attorney
DATE: August 12, 2024
RE:
Title
K-9 Incident
end
COUNCIL DISTRICT(S):
Council District(s)
All Districts
b
Relationship To Strategic Plan:
Goal 1: Safe and Secure Community
Goal 4: Desirable Place to Live, Work, and Recreate
Executive Summary:
In an effort to address a video circulating on social media involving a Fayetteville Police Officer and a police K-9, staff was directed to prepare an action for Council to consider filing a civil action requesting the Court release to the public specific camera footage of the event in question.
Background:
On August 5, 2024, Council Member Benavente submitted a Council Member Request seeking the consensus of Council to request that staff petition the Court for release of specific camera footage involving an incident circulating on social media that depicts a Fayetteville Police Officer striking a police K-9 after the K-9 bit the Officer on June 23, 2024. Discussion ensued and the consensus of Council was to direct staff to move this item forward.
Issues/Analysis:
This request would require staff to file a lawsuit against the City of Fayetteville asking the Court to release body worn camera footage, in-car camera footage, or any other footage operated by or on behalf of the Fayetteville Police Department to the general public. Under G.S. § 132-1.4A, if the community, or a single person wanted to view this footage, anyone, including the news media, a private citizen, or a governmental entity, can file this action asking the Court for release of footage in the possession of the Fayetteville Police Department. After a review of all camera footage, on July 5, 2024, Chief Braden updated the public in a press release detailing all of the facts that occurred with this incident.
Budget Impact:
A $200.00 civil action filing fee would apply.
Options:
1. Authorize staff to file this civil action.
2. Reject the request for staff to file this civil action.
3. Provide additional direction to staff.
Recommended Action:
The Chief of Police recommends this action not be filed on behalf of the City of Fayetteville due to the safety of the Officer. The statute gives anyone the ability to file this action with the Court seeking release.
Attachments:
No Attachments