Court Orders Release of Documents Related to Internal
Investigation of Police Misconduct at TJ High School
FOR IMMEDIATE RELEASE
February 7, 1997
In a lawsuit brought by the American Civil Liberties Union of Colorado (ACLU) under the Colorado Open Records Act, Denver District Court Judge Paul A. Markson, Jr. has ordered the Denver Police Department to disclose almost all of the documents it compiled in the course of a major internal investigation of alleged police misconduct at the scene of a dance at Thomas Jefferson High School last May 4.
The all-City dance, sponsored by Brotha 2 Brotha, was attended by about 400 teenagers, most of whom were African American. The dance proceeded without incident, but seventy-four police responded to the scene after two teenagers got into an isolated fistfight in the parking lot as the dance was letting out. Mayor Webb ordered the internal investigation last May after meeting with dozens of students and parents who reported that police overreacted by hitting students with batons, spraying mace, and using abusive language, including racial slurs.
On September 4, the Denver Police announced the results of the investigation in a short news release. Two weeks later, the ACLU, acting on behalf of Brotha 2 Brotha and its executive director, Dwight Gentry, made a written request for disclosure of the entire investigation file, which totaled about 950 pages of witness statements, interviews with police officers, and a 63-page summary. After the City refused to disclose any documents, the ACLU filed suit under the Open Records Act on December 23. Judge Markson held a hearing on January 17 and issued his decision this week.
"This is a significant decision for open government and open records, " said Bruce Jones of Holland & Hart, who argued the case as an ACLU cooperating attorney. "The City argued that the police documents were confidential personnel records, and the court rejected that argument. The City also argued that disclosing these documents would harm the public interest. The court rejected that argument too."
"Judge Markson held that the statements that police officers made in the course of the internal investigation must be disclosed to the public under the Open Records Act," said Mark Silverstein, ACLU Legal Director. "The court rejected the City’s contention that the statements of police officers are somehow entitled to a special veil of confidentiality. We applaud the court’s ruling that in this case the public’s interest in disclosure is paramount."
The court did rule that a 63-page summary of the police investigation contained material subject to a special exemption from disclosure called the "deliberative process" privilege. According to the court, this summary contained "predecisional" and "deliberative" material the disclosure of which "might stifle frank communication in the future."
"We remain troubled by the court’s decision to withhold the summary," Jones explained. "Dozens of students and parents heard police make racial slurs that night. None of the police officers heard any racial remarks. The public is entitled to know why the Chief of Police failed to resolve this conflict, which had the effect of clearing the officers. The explanation, apparently, is contained in that 63-page summary. With this decision, the public is still left in the dark about the reasons for the Chief’s decision."
Judge Markson stayed his order for 30 days to permit both sides the opportunity to appeal.
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