Arkansas – An Arkansas resident, Jimmie Cavin, filed a lawsuit against the Arkansas State Police saying that the agency violated the state’s public records law when they responded to a request for its investigative file into a death that occurred on March 19, 2024.
According to the probable cause affidavit, 53-year-old Bryan Malinowski was the executive director of Little Rock’s airport when he was shot and killed by a federal Bureau of Alcohol, Tobacco, Firearms and Explosives agent during a pre-dawn raid on his West Little Rock home. Malinowski died from a gunshot wound to the head. The police were there to serve a search warrant for allegedly acquiring and selling firearms illegally.
On June 29, 2024, Cavin submitted an Arkansas Freedom of Information Act request for the entire ASP investigative file. This request covered any audio and video recordings as well as the operation plan for the raid. Cavin stated he wanted to see it after the situation sparked public interest. He stated that lawmakers and members of Congress questioned the necessity of using tactical gear and a nighttime raid to serve a search warrant on a person with no history of violent behavior. They also question why ATF agents were not wearing body cameras as required by agency policy.
The ASP did respond to Cavin’s request with a link to the requested file. Cavin’s however sued when the state police violated the AFOIA by failing to provide videos of interviews with ATF and Little Rock Police Department officers involved in the raid. The suit also claims that the audio of the interviews appeared to have been altered.
