By Michael Lyle, Nevada Current
This piece was originally published by the Nevada Current.
In the more than five months since a video circulated on social media showed school police officers arresting several Black teenage boys, slamming one to the ground, the Clark County School District has refused to release associated records and body worn camera footage.
The lack of transparency around the incident, including any records about the investigation of the arresting officer who is still employed by the district, puts students at risk, said Athar Haseebullah, the executive director of the ACLU of Nevada.
“We don’t know what happened before the incident and we don’t know what happened after the incident,” he said. “Now the investigation has been closed … and we don’t know what recourse was given. All we know is that the officer is still employed and can still be around students. This officer continues to pose a danger to students, in particular students of color.”
The ACLU, which is representing the students, and Clark County School District, represented by at attorney with the private law firm Marquis Aurbach, faced off in Eighth Judicial District Court Tuesday over access to the footage and release of documents related to the investigation.
No decision was made Tuesday. Judge Danielle Chio requested to view the footage to help her determination. The ACLU and CCSD have 30 days to work together to refine search terms in the ACLU’s public records request and are scheduled back in court Aug. 8 for a “status check.”
The ACLU has threatened a civil lawsuit to attempt to force the district’s hand and release the records.
“You shouldn’t have to sue for civil damages to get some level of justice,” but that eventuality could be where “we have to be headed,” Haseebullah said
The outcome of the case, he said, also has far reaching implications around access to the information from public entities.
Among its reasons CCSD, the fifth largest school district in the U.S., cited for not releasing records was the volume of information regarding the incident, including more than 10,000 emails.
Attorney Jackie Nichols, who is representing the school district but who refused to even spell her name when asked by multiple reporters, said the amount of the records would be too burdensome for the district to go through. She said the district has only one employee to go through the records request, which would result in months of work.
Chris Peterson, the legal director of the ACLU of Nevada, was unimpressed by the argument that the district could evade public information requirements because they haven’t properly staffed the department.
“Why would they ever hire a public information officer if they could just say, ‘we can’t help you?’” he asked.
Haseebullah said that argument could set a bad precedent for the district to “stonewall every other person or every other entity that comes in with a records request.”
“The issue isn’t just about the ACLU,” he said. “We can do this all day. We have the resources to do this all day. The general public doesn’t have the resources to do that.”
In a press conference ahead of the hearing, Hasseebullah also criticized CCSD using public resources to prevent the release of public resources.
“Public dollars have been utilized to hire private law firms to defend against the release of public records,” he said. “It’s mismanagement of public funds at best. It’s not transparent at all.”
Community organizers and civil rights groups have long questioned CCSD police’s use of force policies and discipline against Black and Hispanic students.
Those concerns were once again underscored on Feb. 9 when a one-minute clip recorded by students showed several Clark County School District police officers arresting several Black students from Durango High School.
One student recording the incident was thrown to the ground by Lt. Jason Elberg, who then placed his knee on the student’s back and shouted an expletive at the other students who were recording his actions.
The Clark County School District Police Department said the incident stemmed from “an investigation regarding the report of a firearm” but has never provided additional details.
The district concluded its investigation in April. Superintendent Jesus Jara told the Las Vegas Review-Journal’s editorial board in June that the officer was still employed.
Haseebullah called the investigation “absolutely absurd considering neither our clients nor their families nor any of the other students were ever interviewed or requested to be interviewed by the district when conducting this ‘employment investigation.’”
“From our vantage point, the investigation was a sham,” he said. “There should have been another body looking at this, essentially an independent investigation.”
In addition to footage from the incident, the ACLU wants to see the information about the CCSD police’s investigation of the officer. Haseebullah said it’s not just for the sake of his clients but also the public, who have safety concerns around how students are treated.
Cheyenne High School student Kash Williams, 16, who spoke at a press conference ahead of the court hearing, said the district has “swept this issue under the rug.”
She is nervous to return to school this fall knowing the officer is still employed.
“It’s scary,” she said. “It shows CCSD doesn’t care. It views its students as such a threat that they put returning police officers in our schools who hurt children.”
