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Nevada High Court Bars Release of School Police Investigation in Durango Case

The ruling limits access to internal police investigations unless discipline follows.

Overview

  • The Nevada Supreme Court, which ruled Thursday, upheld a lower court and blocked public release of the internal file on a 2023 Durango High School use-of-force incident.
  • The justices said state law bars an officer from seeing a full investigative file unless they are disciplined, so releasing the file to the public would create an illogical gap in due process.
  • The Clark County School District said Lt. Jason Elfberg was not disciplined in the case, and the district praised the decision for giving agencies clarity on records handling.
  • A District Court in December 2023 ordered body-camera video and an incident report released but kept the internal affairs records confidential, and the ACLU’s appeal of that limit failed at the high court.
  • ACLU of Nevada warned the ruling could reduce transparency and plans to seek review by all seven justices, while editorials called on lawmakers to revise the statute that shields these files.