ACLU of Nevada to Argue Public Records Case Before Nevada Supreme Court

LAS VEGAS — Tomorrow, the ACLU of Nevada will appear before the Nevada Supreme Court in a case that will determine whether public agencies can hide records of police misconduct by labeling them part of an “internal investigative file.” Oral arguments will be heard in Carson City at 10:30 a.m. and will be livestreamed on the Nevada Supreme Court’s YouTube channel.

The case, ACLU of Nevada v. Clark County School District, Case No. 88680, stems from CCSD’s refusal to release records related to the Feb. 9, 2023, incident at Durango High School, where a CCSD police officer attacked two students. The school district refused to turn over nearly all records, claiming that once they placed materials into an “investigative file,” every document became automatically exempt from disclosure.

The district court partially accepted that argument, prompting this appeal.

ACLU of Nevada argues that CCSD is misusing a personnel-access rule to create a secrecy loophole that does not exist in the Nevada Public Records Act. The nonpartisan organization warns that if CCSD’s interpretation of the law stands, any agency could hide records simply by placing them in an “investigative file,” which would undermine transparency and weaken public oversight of police agencies.

The underlying case brought on behalf of the two students was settled, with CCSD agreeing to pay $1 million to our clients.

ACLU of Nevada executive director Athar Haseebullah said:
“Our public records laws were written to protect the people, not provide government agencies with a roadmap for secrecy. CCSD has spent nearly two years fighting transparency at every turn. First, they resisted releasing the basic facts of what happened to these students, and now they’re attempting to rewrite the law so they can hide anything they choose behind the label of an ‘investigative file.’ If that’s allowed, the public will lose one of the most critical tools we have to hold the police and government institutions accountable.”

ACLU of Nevada legal director Chris Peterson said:
“Transparency is a prerequisite to accountability, especially when it comes to police interactions with young people. CCSD’s interpretation of the law would allow any agency to unilaterally declare entire categories of records off-limits by just placing them in a folder. That’s not only legally baseless but it’s also dangerous for civil liberties. The Nevada Public Records Act was designed to ensure the public can understand how decisions are made and how power is exercised. We are urging the Court to make clear that agencies cannot sidestep that responsibility by hiding behind terminology.”