Lafayette, IN asked in Family Law for Indiana

Q: The sheriffs department has denied me copies of the autopsy pictures from my sons autopsy, how can I obtain them?

County coroners office says they did not take pictures of autopsy(only investigative pictures from the scene and they won’t release those) but the sheriffs department did take pics of autopsy. I have requested them and they denied them but I need them to have his case properly investigated. Coroners narrative says one thing while the autopsy says the opposite so I need the autopsy photos so they can be reviewed properly and without bias.

My son was not married so I am his next of kin and my understanding is I am legally able to obtain those pictures without any editing being done but they refuse?

Related Topics:
1 Lawyer Answer
Charles Candiano
Charles Candiano
Answered
  • Chicago, IL
  • Licensed in Indiana

A: You offer no explanation for asserting that you know autopsy photos exist or why the Coroner and the Sheriff would prevent you from getting them. The easiest way to memorialize your request for the documents is to make a FOIA request. Serve one on the corner and serve another on the sheriff.

This is a copy of Tippecanoe County's public record request https://www.tippecanoe.in.gov/DocumentCenter/View/1544/Public-Records-Request-Form-PDF?bidId=

The following is a link to a more detailed discussion of the information that you must provide and information/documents that the county is obligated to provide/allow you to inspect https://www.tippecanoe.in.gov/DocumentCenter/View/1543/Public-Records-Policy-PDF?bidId=

If you make a formal request to Review documents pursuant to IC 5-14-3, you cannot be "refused" unless the requested documents/photographs do not exist. If, in response to an official request, you are advised that the documents do not exist, you must offer your reasons for believing that the documents do exist. For example, if you know that Deputy coroner John Smith took photographs but they were not included, you need to state words to the effect of "On information and belief photographs were taken by Deputy coroner John Smith that were not included in the county's response to my inquiry."

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.