ACLU Sues For Disclosure of Police Investigation
of TJ High School Incident
FOR IMMEDIATE RELEASE
December 23, 1996
The American Civil Liberties Union of Colorado (ACLU) filed suit today under the Colorado Open Records Act seeking disclosure of the report that the Denver Police Department prepared after its internal investigation of alleged police misconduct in connection with a disturbance at a dance at Thomas Jefferson High School (TJ) last May 4.
The suit was filed on behalf of Brotha 2 Brotha, which organized the annual dance. Dwight Gentry, founder the organization, is also listed as a plaintiff.
The investigation included interviews with a total of 150 witnesses, including students, parents, teachers, and police. The report totals 951 pages, including a 63-page summary. In the aftermath, two officers were disciplined, but Chief Michaud has not revealed their names or the nature of the discipline. The Denver Post editorialized in favor of releasing the report, and in September, the ACLU made a formal written request for public disclosure. The ACLU’s request was denied.
"There are serious questions whether the allegations against the police were taken sufficiently seriously, whether the investigation of misconduct was adequate, and whether there are sufficient systems of accountability within the police department," said Mark Silverstein, ACLU Legal Director. "At least twenty-one witnesses heard police use racial slurs at TJ High School that night. But none of the police officers heard anything of the sort. The public has a right to know why Chief Michaud chose to believe the officers. The public has a right to decide for itself whether the police investigation was appropriate. When it comes to police accountability, ‘trust us’ is not good enough."
"We believe that the report, especially the 63-page summary, can be released without revealing personnel matters or infringing on the privacy of individual officers," said Bruce Jones of Holland & Hart, who filed the lawsuit as an ACLU volunteer cooperating attorney. "This was a major investigation and a major report. The City has an obligation to let some sunshine in."
Excerpts from the police internal investigation report appeared this week in Westword, which was able to obtain some, but not all, of the documents sought in the ACLU lawsuit.
Mayor Wellington Webb ordered the internal police investigation last May after he met with about 100 witnesses, including students and parents who were present at the dance as chaperones.
About 400 mostly-Black teenagers from various Denver schools attended the dance, which was letting out when an isolated fight broke out between two individuals in the parking lot. Seventy-four police officers responded to the scene. In the melee that ensued, according to witnesses, police struck students with batons and flashlights, sprayed mace, and accosted the students with racial epithets. Witnesses also saw police exuberantly slapping hands and "high-fiving" when they were done.
ACLU cooperating attorney David Lane is defending four individuals whom the police charged with minor ordinance violations. The ACLU has also filed a notice of intent to file a civil suit against the police.
The ACLU’s lawsuit was filed in state district court in Denver. The Open Records Act provides that a hearing shall be held "at the earliest practical time."
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