April 15, 2009

Ms. Luz E. Sandoval-Walker

Assistant City Attorney

2 Civic Center Plaza, 9^th Floor

El Paso, Texas 79901

OR2009-04923

Re: Request for of the complete report regarding D08-04829-1, including but not limited to all oral statements reduced to writing and all written statements of the arrestee

Dear Ms. Sandoval-Walker:

The Office of the Attorney General has received your request for a ruling and assigned your request ID# 345730.

After reviewing your arguments and the submitted information, we have determined your request does not present a novel or complex issue. Thus, we are addressing your claims in a memorandum opinion. You claim the submitted information may be withheld from the requestor pursuant to section 552.108(a)(1) of the Government Code. We have considered your arguments and the submitted information and have determined that in accordance with section 552.108(a)(1) you may withhold the submitted information. However, you must release the basic information pursuant to section 552.108(c) of the Government Code. We note that the submitted information includes court documents. Information filed with a court is generally a matter of public record and may not be withheld from disclosure. Gov't Code § 552.022(a)(17); Star-Telegram, Inc. v. Walker, 834 S.W.2d 54 (Tex. 1992). Thus, if the information has been filed with a court, you must release the information.

For more information on the cited exception, as well as information on the rights and obligations of governmental bodies and requestors, please refer to open government information contained on the Office of the Attorney General website at www.oag.state.tx.us. You may also contact our Open Government Hotline at 1-877-OPENTEX.

Enc: Submitted documents

cc: Requestor

(w/o enclosures)

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