August 4, 2010

Ms. Luz E. Sandoval-Walker

Assistant City Attorney

El Paso City Prosecutors Office

810 East Overland Avenue

El Paso, Texas 79901-2516

OR2010-11698

Re: Request for supplemental reports, photos, medical records, police reports, and all other related reports/documents, regarding an assault/family violence incident on 06/09/10 at a specified address involving a named individual

Dear Ms. Sandoval-Walker:

The Office of the Attorney General has received your request for a ruling and assigned your request ID# 394978 ( City of El Paso 2010-07-11-AG).

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 the submitted information includes documents that may have been filed with a court. 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

c: Requestor

(w/o enclosures)

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