LAS VEGAS (FOX5) — A legal battle over public records tied to a 2023 incident outside Durango High School continues, with the ACLU seeking a full Nevada Supreme Court review after a smaller panel ruled in favor of the Clark County School District.
In 2023, CCSD officers responded to a report of a possible gun somewhere off campus. A number of students came walking by, and one student ended up being taken to the ground by a CCSD officer. At least one other person was in cuffs and officers questioned them. No gun was ever found.
MORE ON FOX5: Court blocks records release on CCSD officer shown on video forcefully pinning student to ground
The incident sparked a legal fight when the ACLU sued to see body camera video. It took a while, but the ACLU did get it.
Court ruling
Recently, a smaller Nevada Supreme Court panel ruled in favor of CCSD that the district did not have to release things in what was called an investigative file. CCSD claimed it was exempt from public records and could be kept confidential.
“Internal police investigative files are exempt from Nevada’s public records law,” FOX5 reporter Joe Vigil said. CCSD said “That decision provides much-needed clarity for school districts and law enforcement agencies throughout Nevada.”
The ACLU had argued that the common practice or the practice acceptable by some was to redact different things. But the panel ruled the whole file is off-limits.
So the ACLU asked, “Why don’t you just redact things and then release the information, addresses, names of people and so forth, and names of juveniles,” Vigil said.
The ACLU wanted to see details including what kind of investigation actually happened, how long the investigation took place, how many people were interviewed as part of the investigation, what family members were contacted on behalf of clients, and who from the school district police was included in the investigation.
“Basically, they (ACLU) said that you could bury things with an investigative file thereafter and say that information should not be declared public,” Vigil said.
Settlement and next steps
The Board of Trustees approved a $1 million settlement for some of the ACLU’s clients, students. The ACLU said the courts have already ruled or they got this big judgment and they think that is telling as far as some of the things that happened.
There were no charges for the officer.
The ACLU wants the full panel to look at the ruling. There is no timeline of when the full court will decide whether to take it up.
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