Legal
Colorado ACLU Cases

Legal Department Docket, 2002-Present

Case Name: Nash v. Whitman
Case Number: No. 05cv4500, Denver District Court
ACLU Case Number: 2004-03

Description: This lawsuit, filed under the Colorado Criminal Justice Records Act on behalf of Stephen and Vickie Nash and the ACLU, seeks disclosure of documents connected with the Denver Police Department’s internal investigations of the Denver Spy Files controversy.

The Nashes were plaintiffs in the ACLU’s class action lawsuit challenging the Spy Files. In July, 2002, while the lawsuit was pending, they filed a citizen complaint charging that the police department unjustifiably monitored and kept files on their lawful political activities, falsely branded them as “criminal extremist,” and distributed files with that defamatory label to third parties. They asked for a full investigation and discipline of the officers responsible. Twenty months later, in March 2004, Chief Whitman responded with a brief two-paragraph letter stating that the investigation was completed. He said that discipline had been imposed and policies were changed, but he provided no further information. He did not name the officers who were disciplined, nor did he reveal the sanction imposed. The Nashes and the ACLU requested disclosure of documents connected with the police department’s internal investigations of the Nashes’ complaint and the Spy Files controversy. When Chief Whitman refused to disclose any additional information, the ACLU filed suit.

After a full-day evidentiary hearing, Judge Catherine Lemon ordered disclosure of almost all of the requested documents.

Issues: police practices, open government

ACLU of Colorado Attorneys: John A. Culver, Dean H. Harris, Mark Silverstein

Links to Selected Documents:

“ACLU sues Denver Police Department for disclosure of internal investigations related to Spy Files controversy,” ACLU News Release, June 14, 2005

Complaint

Plaintiffs’ Opening Hearing Brief

Affidavit of Mark Silverstein

Plaintiffs’ Reply to Denver’s Brief

Plaintiffs’ Reply to Intervenors’ Brief

District Court’s order, December 7, 2005

Back to the Legal Department Docket