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.
The ruling marked the end of the Denver Police Department's longstanding policy of refusing to disclose any documents connected to internal investigations of alleged police misconduct.
ACLU news release:
- "ACLU sues Denver Police Department for disclosure of internal investigations related to Spy Files controversy," ACLU News Release, June 14, 2005
Media:
- "Spy Files' plaintiffs, ACLU, file new suit," The Denver Post, June 14, 2005
- "ACLU sues DPD over spy files," The Denver Post, June 14, 2005
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“Judge rules against police in “Spy Files” case, again,” 9 News, December 7, 2005
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"City to open its records policy," The Denver Post, January 23, 2006
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“Spy Files: City, police finally change tune on public records,” 9 News, January 24, 2006
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“Step forward on police records,” The Denver Post, January 24, 2006
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“I-Team: DPD forced to release spy files,” 9 News, January 27, 2006
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“Released files show police spy activities,” The Denver Post, January 27, 2006
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““Spy files” case suggests city officials were misled,” The Denver Post, January 28, 2006
ACLU case number
2004-03