LAS VEGAS (KTNV) — Tuesday, the American Civil Liberties Union appeared in court to seek an order for the Clark County School District to release video and other records related to a school police officer slamming a student down to the ground back in February near Durango High School.
The ACLU filed a lawsuit back in April against the school district for not releasing the records.
ACLU of Nevada's legal director, Christopher Peterson argues in court once again about the school district's lack of transparency when it comes to releasing records.
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"There are four documents that we have clarity on that are in existence and with privileges being asserted over them that would be the body camera from the incident, the incident report, the cad log, and the citation," Peterson said.
He claims the ACLU of Nevada submitted a public records request to CCSD for these specific records. He says they need these records to properly defend their clients, the two students involved.
He says CCSD has made no attempt or offer to release any redacted records pertaining to the case and asked the judge for an order to get them released.
"We believe that we are entitled to a log for those items specifically, we believe we can litigate those today because we understand what they are and the privileges being assured to them," he said.
CCSD's lawyer, Jackie Nichols says at the time of the request, there was an ongoing investigation into the school police officer who was involved.
"The video was part of that ongoing investigation, the documents and videos may not be released without impeding or jeopardizing the ongoing investigation."
CCSD announced that their investigation into the incident was completed in April.
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Judge Danielle Chio asked Nichols if the ACLU's original records request was no longer valid.
"I don't believe that there is anything in the NPRA that requires an on-duty government agency to maintain a public records request once it has been denied," Nichols said.
Nichols says a second request from ACLU would be an extreme burden on the school district because they only have one person in charge of their records.
After the two hour hearing, judge Chio said she would need to see the video and the records to make her decision.
The next hearing will take place on July 25 where the school district will provide their opening brief.
