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Notre Dame police have ‘core powers of the state’

ESPN wants the police department to release information about the arrest of athletes on campus.

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Attorney for ESPN Maggie Smith argues while Notre Dame is a private institution, its police department is exercising the power of the state when writing tickets and making arrests.

In arguments before the Supreme Court, ESPN attorney Maggie L. Smith argued the department is performing the functions of a law enforcement agency, and points to several other IN laws IN which university police are treated the same as city police departments.

U.S. Supreme Court Justice Ruth Bader Ginsburg is set to take part in a discussion of law with a federal appeals court judge at the University of Notre Dame. He noted that Indiana’s law includes the wording “such as” in describing which law enforcement entities are subject, but lists only public agencies, not private entities.

Should police departments operated by private universities in IN be subject to the same open records requirements that apply to state, county and municipal police agencies?

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

She told about 7,100 people at the University of Notre Dame on Monday she was confirmed by the Senate on a 96-3 vote in 1993 and Justice Stephen Breyer was confirmed by an 87-9 vote the next year.

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Justice Robert Rucker questioned Rusthoven about why a private university’s police department should be treated differently than a public university’s police force when they perform the same basic functions.

Indiana Supreme Court To Hear ESPN/Notre Dame Police Records Case Tuesday