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 fi...
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