LAS VEGAS (KTNV) — The Clark County School District just released 1,967 pages of documents related to its response to a controversial incident between district police officers and Durango High School students last year.
It's been more than a year since the Feb. 9, 2023 incident in which a CCSD police officer was seen on video slamming a high school student to the ground, pushing on his neck and kneeling on his back. The ACLU of Nevada is representing the students in legal action against the district.
On Friday, CCSD made public extensive documentation of internal communication around the incident as well as the legal battle that ensued over body camera footage and other documents the ACLU and media organizations requested.
"In the spirit of transparency, attached are the documents that were provided to the ACLU today as part of the ACLU v. CCSD public records litigation," CCSD stated in an email to media organizations. "Redactions have been made for confidential and privileged information..."
Within the documents that were shared, there were several media inquiries, along with pictures and statements from parents and students who were at the scene.
One parent stated she saw a student handcuffed and the officer was telling the student to shut the F**** up. According to her statement, she asked Officer Jason Elberg why her son was handcuffed and he responded by saying that he would not stop recording.
Channel 13 also found a statement that CCSD police suggested they send out to the media inquiring about the incident.
The communication said officers were on "high alert" during the call after getting a couple of reports of individuals with guns.
The statement then goes on to say that when officers arrived at the scene they were trying to disperse a crowd in an attempt
to maintain "safety and order ."
The statement also said the now-viral video only catches the tail end of the events.
The full documentation released by CCSD is included below:
2024-05-31 CCSD Production by yolanda.cruz
An incident report made public earlier this year notes officers approached the teens because three of them had gloves on and one seemed to be hiding a weapon. Sources previously told 13 Investigates the students were walking toward a nearby fast food restaurant where they often go after school.
School police said the incident stemmed from a report of a gun near the school. The ACLU claims there was no gun.
After an extensive legal battle, the district did release body-worn camera footage of the encounter in January of this year.
Timeline — How we got here:
Feb. 9, 2023: The incident between CCSD police officers and students happens.
Feb. 15, 2023: The American Civil Liberties Union of Nevada states they sent a letter to CCSD informing the district they were legally representing two students seen in the video.
Feb. 21, 2023: ACLU lawyers submitted a public records request to CCSD for any video footage of the incident, including bodycam footage, photos, BlueTeam data related to the incident, witness statements, any reports by CCSD employees, any communications by CCSD employees discussing the incident, and any materials discussing discipline, sanctions, or reprimanding CCSD employees and students related to the incident.
March 14, 2023: ACLU states CCSD responded to those requests with a "flat out denial followed by a list of confidentiality exceptions and no further explanation". The agency states they asked for clarification.
March 21, 2023: CCSD emailed the ACLU back claiming the information it requested related to a "pending juvenile justice matter and therefore could not be released". The district asked ACLU lawyers to get consent from their clients to release the video to the general public. The ACLU told the district its representation of the students means confidentiality provisions don't apply.
March 27, 2023: ACLU lawyers said CCSD sent another email with a similar response to the email from March 21.
April 18, 2023: ACLU filed a lawsuit against CCSD asking for public records, including bodycam footage.
June 14, 2023: In court documents, CCSD officials deny allegations they've made no attempt or offer to release redacted records. They add it will take time to fully review what should and shouldn't be released.
July 11, 2023: Both parties appear in court. CCSD lawyers said they don't believe an on-duty government agency is required to maintain a public records request once it has been denied. They add a second request from the ACLU would be an extreme burden on the district because they only have one person in charge of their records.
Aug. 8, 2023: In another court hearing, lawyers for the ACLU and CCSD discuss how to narrow down email searches for thousands of pages connected to the incident. The judge requested that someone from the district's IT department show up for the next hearing.
Aug. 31 and Sept. 1, 2023: Both parties are back in court. A member of the district's IT department testifies on how staff and teacher emails can be searched and the amount of documents that could be stored on the server. Lawyers debate access to emails and voice concerns over privacy. The court doesn't address other records requests.
Dec. 18, 2023: A Clark County judge rules the CCSDPD bodycam footage can be released to the public.
Dec. 19, 2023: ACLU lawyers ask the court for additional records like emails, possible interviews, and records from an internal investigation.
Jan. 18, 2024: Bodycam footage of the incident is released to the public.
