19FC:0071 Nina Curry/Sixth Judicial District Department of Corrections - Dismissal Order

Topics:

Formal Complaints

Date:
09/19/2019

Subject:
Nina Curry/Sixth Judicial District Department of Corrections - Dismissal Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Nina Curry, Complainant

And Concerning:

Sixth Judicial District Department of Corrections, Respondent

  

                         Case Number: 19FC:0071

 

                                   Dismissal Order

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.

Nina Curry filed formal complaint 19FC:0071 on June 20, 2019.  She alleged that the Sixth Judicial District Department of Corrections (Department) violated Iowa Code chapter 22.


On June 14, 2019, Ms. Curry requested that the Department provide her with a copy of records verifying the conviction of Luke Allen Curry as a sex offender.  On June 18, 2019, she attended a meeting with a Department Probation Officer. She was informed at that time that the Department did not possess the specific records she requested.  

Court records should be requested through the clerk of court at the district court where the charges were filed and court action, including sentencing, occurred.  


Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint.  This complaint does not fulfill those requirements.

IT IS SO ORDERED:  Formal complaint 19FC:0071 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).  

 

Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may β€œdelegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.”  The IPIB will review this Order on September 19, 2019. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

 

By the IPIB Executive Director

 

_________________________________

Margaret E. Johnson, J.D.

 

CERTIFICATE OF MAILING

    

This document was sent by electronic mail on the ___ day of September, 2019, to:

 

Nina Curry

Molly Weber, Assistant Attorney General, Sixth Judicial District Department of Corrections