Open Records Decision No. 389
July 6, 1983

	Re:  Whether report of investigation by McAllen Police Department of death of 
juvenile is open under the Open Records Act

Mr. James E. Darling
McAllen City Attorney
P. O. Box 220
McAllen, Texas  78501

Dear Mr. Darling:

	In late 1980, the body of a deceased child was found in a tar pit located on private 
land situated within the city limits of the city of McAllen.  After the body was 
discovered, the city's police department conducted an investigation and prepared a report 
of its findings.  This report contains pictures of the scene, the autopsy and police reports, 
affidavits of children and adults who were interviewed during the investigation, and other 
miscellaneous documents.

	The parents of the deceased child have retained an attorney, and he has asked for 
a copy of this report.  You have asked whether the Open Records Act, article 6252-17a, 
V.T.C.S., requires you to comply with this request.  You contend that sections 3(a)(1), 
3(a)(3), 3(a)(8), and 3(a)(11) of the act authorize you to deny it.

	Section 3(a)(1) excepts from required public disclosure:

information deemed confidential by law, either Constitutional, 
statutory, or by judicial decision.

	We have a copy of a protective order issued by the state district court for the 
206th Judicial District.  This order, which was signed by the judge on April 25, 1983, 
states in part:

[N]either the city of McAllen, its Police Department nor either of 
their custodians of documents are required by this Court to produce 
documents, statements, photographs, any other tangible things, or 
copies thereof, from their files concerning the events which took 
place giving rise to this litigation, i.e., the events surrounding and 
the death of [the deceased child].

This protective order renders the requested information “confidential by law” within the 
meaning of section 3(a)(1).  You may therefore deny this request for as long as the 
protective order is in force.

Very truly yours,

Jim Mattox
Attorney General of Texas

Tom Green
First Assistant Attorney General

David R. Richards
Executive Assistant Attorney General

Prepared by Jon Bible
Assistant Attorney General

Approved:
Opinion Committee

Rick Gilpin, Acting Chairman
Jon Bible
Colin Carl
Jim Moellinger
Nancy Sutton