FOIA Lawsuit re the ATF, Little Rock PD, & the Death of Bryan Malinowski
Shown below is a press release from Joey McCutchen regarding the FOIA lawsuit filed August 6th by Conway resident Jimmie Cavin against the Arkansas State Police. The lawsuit centers around the investigation of the shooting involving the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Little Rock Police Department (LRPD), which resulted in the death of Bryan Malinowski.
Here’s the Arkansas Democrat Gazette article about it from June 23, 2024: Arkansas State Police report gives accounts of fatal morning raid on Malinowski home.
This Bryan Malinowski case is very concerning to the public and the perfect example of why we need to use our FOIA for transparency and accountability. Secure Arkansas agrees that we need to keep our Arkansas Freedom of Information (AFOIA) strong! Be sure to read the complaint that’s linked below. The public would like to see all the evidence.
Press release
Joey McCutchen
Office: 479-783-0036
Cell: 479-806-4878
Today, trial lawyers Joey McCutchen and Stephen Napurano, representing Conway resident Jimmie Cavin, filed a lawsuit in Pulaski County Circuit Court against the Arkansas State Police (ASP) for numerous violations of the Arkansas Freedom of Information Act (FOIA). The lawsuit centers around the investigation of the shooting involving the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Little Rock Police Department (LRPD), which resulted in the death of Bryan Malinowski. Please see the attached complaint.
Jimmie Cavin filed a FOIA request seeking the complete investigation file related to Malinowski’s death. The Arkansas State Police provided several files including audio recordings of the investigative interviews of the ATF and Little Rock Police Department officers involved in the raid. However, video recordings of the interviews were not provided. An independent analysis revealed that the video data had been removed from the media files that were provided to Mr. Cavin.
Mr. Cavin followed up with a subsequent FOIA request to ASP seeking details about the recording devices used to record the interviews, including the make, model, and identification numbers. ASP failed to provide that information to Mr. Cavin.
Additionally, the ATF Operational Plan for the raid of Malinowski’s home, which details the procedures and logistics of the raid, was not included in the materials provided by ASP. The Operational Plan was later obtained by Mr. Cavin from a separate FOIA Request submitted to the Pulaski County Prosecuting Attorney’s Office. This raises concerns about why this important document was withheld despite ASP’s possession of it.
McCutchen said, “The Arkansas State Police holds itself out to be the premiere law enforcement agency of the state and has a core value of trust— to hold themselves to a higher standard of accountability. Arkansans should be able to trust the ASP to be transparent. If we can’t trust the ASP to provide all of our records when requested, who can we trust?”
McCutchen added, “This is one reason we need to strengthen, not weaken, our Arkansas Freedom of Information Act.”
Joey McCutchen
Trial Lawyer
“Protect the 7th Amendment; it’s the one that protects all the rest.”
McCutchen Napurano – The Law Firm
P.O. Box 1971, 1622 North B Street
Fort Smith, AR 72901
Office: (479) 783-0036 Fax: (479) 783-5168
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