A St. Joseph County judge ruled Monday that the University of Notre Dame isn't required to give ESPN campus police department records because it's not a public agency under state law. Superior Court Judge Steven Hostetler said he shared the Indiana public access counselor's "discomfort" with the notion that a private party can exercise police powers without sharing records related to that power with the public, but that's simply how the state's Access to Public Records Act is written and has been interpreted. Hostetler said the campus police department's arrest powers are granted by the state to the university's governing board, meaning Notre Dame is a "state actor" but not a "public agency" under the APRA. "This court will not strain the language of the statute in order to do what the Legislature has not," the judge wrote in his 11-page ruling, "even though there are indeed persuasive reasons why the statute should be amended to read the way ESPN desires."
Judge rules for Notre Dame in ESPN lawsuit over police records
South Bend Tribune | Apr 20