Notre Dame police have ‘core powers of the state’

ESPN attorney Maggie Smith told the state Supreme Court Tuesday that the ability of university police to arrest and apprehend are “the core powers of the state”, meaning the department must comply with state public records laws.

Notre Dame refused, arguing that since it’s a private university, its police department isn’t covered by Indiana’s public records law.

“It’s a private educational institution that, yes, has a police force, but it is not an agency or department of government”, Rusthoven said.

She said it is undisputed that under IN law private university police departments are equivalent IN every way to public police agencies.

ESPN requested the records for a report examining how university police departments interact with student athletes.

Legislators this year passed a bill which would have explicitly required Notre Dame police to abide by the records law.

Justices granted transfer in ESPN, Inc., et al. v. University of Notre Dame Police Department, 71S05-1606-MI-00359.

ESPN appealed and the Indiana Court of Appeals overturned the trial court’s decision in March, saying the department is subject to the records law because it has legal authority from the state to make arrests and has jurisdiction outside of the South Bend campus.

Smith focused on the qualifying language of “such as” in the APRA statute, arguing this didn’t strictly limit the act’s application, and that the court should construe the law to favor the public policy interest of disclosure of records dealing with essential government functions.

The University of Notre Dame argues because it’s a private university it doesn’t have to give the public access to its police records. “I would respectfully submit, you’re not reading the statute then; you’re writing the statute”.