ACLU protests redacted pages
Group: Blacked-out jail manual violates open records law
By Sue Lindsay, Rocky Mountain News (Contact)
Published June 25, 2008 at 1:57 p.m.
Updated June 26, 2008 at 12:13 a.m.
Photo by Tim Hussin / The Rocky
ACLU of Colorado attorney Taylor Pendergrass displays some blacked-out pages of the Denver city jail policy manual ,which the group received after filing a lawsuit.
The American Civil Liberties Union blasted Denver officials Wednesday for blacking out several pages of the city jail policy manual before turning it over to the watchdog group.
The ACLU sued the city last month to get the manual, citing concerns that the jail was unprepared to handle the anticipated onslaught of protester arrests during the Democratic National Convention.
"I am mystified," ACLU attorney Taylor Pendergrass said Wednesday. "The manual is heavily redacted, which we were hopeful it wouldn't be. Whole pages have been redacted in some of the policies that we have gotten previously.
"It's quite obvious the city is redacting stuff they are not entitled to under the open records act."
For example, Pendergrass said, the city redacted an entire section on the use of restraint chairs that the ACLU had previously requested and obtained from the city while investigating the use of restraint chairs in another jurisdiction.
City spokeswomen Sue Cobb could not be reached for comment Wednesday.
Pendergrass said the ACLU will talk to the city and try to resolve the problem without having to take the case back to court.
Visible parts under review
Attorneys are still reviewing what was supplied to see if problems at the jail are the result of inadequate policies or failures to follow policies already in place.
Last week the city and ACLU reached an agreement that required the city to turn over the manual Wednesday, with the proviso that any redactions could be challenged by the ACLU.
At the time, Luis Corchado, of the City Attorney's Office, said the city turned over the parts of the manual that it felt did not compromise security concerns.
The city may redact content only if its release would be contrary to the public interest.
Pendergrass said redactions of previously supplied policies don't fall under that exemption.
In its lawsuit over the jail manual, the ACLU cited complaints about operations at the jail, including misidentification of people arrested and the death of Emily Rice, who bled to death at the jail from internal injuries after she was arrested for DUI following a traffic accident.
Speed, IDs concern ACLU
ACLU legal director Mark Silverstein said the ACLU is concerned about what happens to people at the jail once they are arrested, particularly incidents of misidentification.
People have been mistakenly arrested because of misidentification, inmates have been "lost" at the jail as a result of internal misidentification, and unnecessary delays persist in releasing persons after they have posted bond, he said.
The ACLU has complained that the jail was overwhelmed by just 80 arrests during last year's Columbus Day protests in October when some of the protesters had to wait 12 hours after posting bond to be released.
That appears to be in violation of jail policy, which states that "no one will be held more than three hours after all charges have been satisfied via bond, time served or release by court."
The ACLU is concerned that the jail won't be able to meet inmate needs for food, toilets, medical care and attorneys during the DNC.
The city has rejected an ACLU request that minor violations be handled with a summons to appear in court, rather than detention.
Police said policy requires officers to make full arrests requiring detention, even for minor violations connected with protests and civil disobedience.
"Denver has promised to arrest everyone, so we're very concerned about people's ability to get out of (city jail) at the earliest possible time," Pendergrass said.
ACLU attorneys said the public has a right to evaluate jail policies to determine whether Denver is prepared to avoid the problems New York City experienced during the 2004 Republican National Convention, when 1,500 arrests caused backlogs and numerous other problems.
The ACLU also has sued the city to learn how Denver is spending public money on police equipment for the convention.
The ACLU and several protest groups also have been battling with the city and the Secret Service over secrecy of plans for the parade route and public demonstration area for the convention.
lindsays@RockyMountainNews.com or 303-954-5181
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June 25, 2008
10:19 p.m.
Suggest removal
happymike44 writes:
I wonder why the city was so adamant in not turning over the documents.
Now they cost the taxpayers 5 grand.
My belief is the police are hiding the fact they may be mistreating people they deem less then disirable to society.
I believe in tougher treatment of criminals.
But for everytime you abuse a person is a open invitation to a brutality lawsuit.
I am not a big fan of the police anymore and feel they need more oversight from the very people who pay their salary.
I believe they have a tough job but when you lie to do your job.
That makes you no better then the criminal you were hired to protect us from.
I know the truth and I do not like the way the police are behaving by lying and hiding the facts from us.
They work for all of us and why are we the enenmy we pay your salary.
But you have no repect for us and then wonder why people distrust you.
If you lie to the people then you are a liar.
So in my opinion the cops are sometimes no better then the criminals.
Call me aware of the true police and their actions towards us.
Glad the A.C.L.U. made you answer for you little god complex.
So in the future instead of covering up what you are doing.
Remember the truth will set you free.
June 25, 2008
11:31 p.m.
Suggest removal
ES writes:
Who funds the ACLU? This group attacks anything that is government, religious or conservative in any way. They are so one sided its completely unfair. They protect only criminals and seem to be trying to increase crime rates. Do they even believe that victims have rights.
The ACLU is a bunch of lawyers increasing your taxes by suing schools, police, churches, and anybody they disagree with. They only support a one sided agenda. Who they heck is funding this group of whinny lawyers that act like leaches on society.
June 26, 2008
9:31 a.m.
Suggest removal
badbob writes:
I wonder if the ACLU will have a float in the Re-create 68 protest parade?
June 27, 2008
3:58 p.m.
Suggest removal
gigglestheclown writes:
ES, to answer your question, the ACLU is funded entirely through donations and does not receive a single cent of taxpayer money. So, rest assured that other people are paying for protection of your rights, while you whine about it on the internet.
Additionally, the ACLU is a nonpartisan organization and is not committed to any single political party. The ACLU is committed only to defending the civil liberties and civil rights guaranteed in the Bill of Rights.
As for the Denver Police Department's jail policies relating the DNC, how can you argue that it is not a matter of public record? It is entirely in the best interests of everyone (except maybe for those policeman who might want to unlawfully arrest someone) that we know the exact protocol that officers will use. I've heard that the city of Denver may arrest upwards of 5,000 people during the DNC, and despite what you may think, it is both yours and my right to know how and why people will be arrested.
If anyone is doing shady things with your tax dollars, it is the city of Denver, not the ACLU.