Home -> Law Blog Directory -> Constitutional Law Blogs -> First Amendment Center
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Constitutional Law
: First Amendment CenterN.M. court: Complaints against police must be released
By By The Associated Press
SANTA FE, N.M. ? Citizen complaints brought against police are subject to public disclosure, according to a state Court of Appeals ruling that reinforces a New Mexico sunshine law granting access to government records.
The court ruled this week against the state Department of Public Safety, which refused to release complaints against one of its law enforcement officers on grounds that they were confidential personnel records.
In a unanimous ruling, the court disagreed and said the complaints were not covered by exceptions in the Inspection of Public Record Act that provide for the confidentiality of "matters of opinion in personnel files" and "letters of reference concerning employment."
At issue was a public-records request filed by a former captain with the state Motor Transportation Police Division, Charles Cox, who was fired in 2005 for making a racist comment about a black patrolman and for discrimination against a female employee.
In 2006, Cox requested complaints that citizens had brought against the patrolman. Cox sued the department for withholding the records and he contended his firing was retaliation for exercising his right to free speech. A federal court ruled against Cox's free-speech lawsuit but sent the public-records dispute to state court.
The appeals court's Aug. 16 ruling is an important victory for open government, according to Cindi Pearlman of Tijeras, Cox's lawyer.
"Democracy only works when citizens know what the government is doing. Many police departments across the country have tried to resist letting citizens know when cops have complaints filed against them by other citizens. This is your classic blue wall of silence," Pearlman said.
Police are public servants, she said, and "if we don't know what they are doing and how they are carrying out their duties, we are really left in the dark about how our government is operating."
The department did not respond to requests for comment on the ruling or on whether the agency would ask the state Supreme Court to review it.
The appeals court's ruling reversed a decision by a state district court in Santa Fe, which had agreed with the department that citizen complaints should be kept confidential.
"While citizen complaints may lead DPS to investigate the officer's job performance and could eventually result in disciplinary action, this fact by itself does not transmute such records into 'matters of opinion in personnel files.' Additionally, the complaints at issue relate solely to the officer's official interactions with a member of the public and do not contain personal information regarding the officer other than his name and duty location," the appeals court said in an opinion by Judge Linda Vanzi.
The court said the department, before publicly disclosing a citizen complaint, may need to redact personal information about the person who filed it.
The department's motor-transportation officers conduct safety and hazardous materials inspections on commercial trucks, but also enforce traffic and drug laws.
Full post as published by First Amendment Center on August 19, 2010 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Bayer CropScience AG
alleging farmers suffered economic losses after Bayer's biotech Liberty Link rice was released into the food supply and countries banned US rice.
Ebay Fined
French Court Sets Fine at $61 Million
Personal Injury
Appeals Court Upholds Congressional Legislation
Tomato Salmonella
Sheetz Convenience Stores agrees to confidential out-of-court settlement with food poisoning victim.
National Association of Realtors
Settlement reached in broker listing antitrust lawsuit, pending court approval.
Missouri Attorney General's Office
$26,000 settlement reached in disability discrimination lawsuit, pending court approval.

Homophobic complaints dismissed - BBC News
KCPD's Office of Community Complaints
Chicago Police Misconduct Allegations Increase by Nearly 19%









