FOG Files Lawsuit Against Bernalillo County For Withholding Jail Records
ALBUQUERQUE, N.M. – The New Mexico Foundation for Open Government (FOG) filed a lawsuit today against Bernalillo County for denied access to the records held by the Bernalillo County Metropolitan Detention Center (MDC).
The lawsuit complains of three instances where the County failed to comply with its statutory obligations under the Inspection of Public Records Act (IPRA) to allow inspection of public records of MDC, and to respond by the law’s deadlines for producing records.
(A copy of the lawsuit can be found at the end of this press release.)
“The public’s access to records is a fundamental right and records should be provided to requesters within specific time-frames and in their entirety,” Melanie J. Majors, FOG executive director, said. “In each instance outlined in this lawsuit, the County failed to act in the public’s interest and this failure to comply always raises new questions.”
The lawsuit alleges Bernalillo County’s violated IPRA when it unlawfully invoked the Law Enforcement Records exception to shield records of the MDC – a non-law enforcement public body – from public view.
The Legislature amended IPRA in 2023 to add a new exception pertaining specifically to law enforcement records. Included is a restriction on inspection of law enforcement records that contain visual depictions of great bodily harm and acts of severe violence.
This type of visual imagery is considered “nonpublic information,” and may be redacted or digitally obscured before a copy is provided, or the requestor may view the unredacted visual depiction on-site but may not make a copy.
The exception to this exception is if a law enforcement officer is reasonably alleged or suspected to have caused the great bodily harm or act of severe violence; in this instance, the public has a right to a copy of the unredacted or unobscured record.
The County has unlawfully maintained that the new exception applies to jail security video showing alleged use of force by a corrections officer against an inmate who later died of injuries inflicted by the officer.
The County believes it can restrict access to this video by claiming it is a law enforcement record but that the corrections officer is not a law enforcement officer.
The Law Enforcement Record Exception applies only to records held by a law enforcement or prosecuting agency, and the County’s position on the public’s right to access video records of its employees perpetrating abuse thwarts the legislature’s efforts at transparency regarding officer misconduct.
“This lawsuit seeks to enforce compliance with IPRA. FOG believes the County’s interpretation of the new amendment to IPRA is incorrect, and if it is not challenged, other public bodies could attempt to unlawfully shield their public records in a similar manner,” Majors said.
The lawsuit also states that in another instance, the County unlawfully refused to allow inspection of complaints filed against former MDC Warden Jason Jones. The County claimed the records are exempt from inspection. However, citizen complaints against public officials are considered public records under IPRA.
Finally, the lawsuit alleges the County refused to allow inspection of responses it provided to other IPRA requests for MDC security video since the enactment of the new Law Enforcement Record exception. The County refused to provide records reflecting its responses to these other requests, claiming that to do so would require them to “create a record.”
As an advocate for transparency in government, FOG’s mission is to defend the public’s right to know and to educate citizens and government agencies about their rights and responsibilities under New Mexico’s open-meetings and open-records laws.
Founded in 1989, NMFOG is a nonprofit, nonpartisan, member-supported organization that serves the open government interests of the general public, the business community, elected officials, journalists and lawyers. For questions or concerns regarding IPRA or the Open Meetings Act, can contact the Hotline at 1-505-764-3750.