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Colorado ACLU Cases

Legal Department Docket, 2002-Present

Case Name: American Civil Liberties Union of Colorado v. Whitman
Case Number: 04-CV-700, Denver District Court; 05CA379, Colorado Court of Appeals
ACLU Case Number: 2003-18

Description: This lawsuit against Denver Police Chief Gerald Whitman seeks disclosure of the records of an internal investigation into allegations that Denver police officers engaged in racial profiling, harassment, and used excessive force in an encounter with an African American resident of Denver in April, 2002. The ACLU's complaint challenges what it characterizes as a longstanding Denver Police Department policy of resisting disclosure of information about how it investigates allegations of police misconduct "unless and until an action is filed in court." In suits filed in 1996, 1997, and 2000, the ACLU successfully sued to obtain similar records connected to the DPD's investigation of complaints that police officers mistreated citizens.

On March 30, 2004, the district court ordered Chief Whitman to disclose the requested records. The ACLU then asked to file a Second Amended Complaint seeking a declaratory judgment that would limit Chief Whitman's ability to withhold similar documents in the future. The ACLU asked for a judicial declaration that police officers do not have a right of constitutionally –protected right of privacy in documents that reflect their on-the-job activities as police officers. The district court denied leave to amend, stating that the applicable legal test requires case-by-case evaluation by the courts. The ACLU appealed, and the Court of Appeals affirmed the district court’s ruling.

Issues: Open Government, Police Practices

ACLU of Colorado Attorneys: Steven Zansberg, Chris Beall, Mark Silverstein

Published opinion: American Civil Liberties Union v. Whitman, 159 P.3d 707 (Colo. App. 2006)

Links to Selected Documents:

News Release, January 28, 2004: "ACLU Sues Denver Police Department for Disclosure of Investigation into Citizen's Allegation of Racial Profiling"

First Amended Complaint, filed February 4, 2004

Plaintiff's Hearing Brief

Order Requiring Disclosure of Records and Partial Payment of Plaintiffs' Attorney's Fees, March 30, 2004

Plaintiff's Reply in Support of Motion for Leave to File Second Amended Complaint

ACLU opening brief, Colorado Court of Appeals

ACLU reply brief, Colorado Court of Appeals

American Civil Liberties Union v. Whitman, 159 P.3d 707 (Colo. App. 2006)

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