LAS VEGAS (KTNV) — The ACLU filed a petition asking the full Nevada Supreme Court to reconsider a recent decision that allows the Clark County School District to withhold public records related to a high-profile use-of-force incident involving school police officers.
A three-judge panel previously ruled in favor of the school district, finding that Nevada law allows agencies to withhold entire investigative files when no disciplinary action is taken. The ACLU argued the ruling allows law enforcement to bury misconduct in an investigative file, raising concerns about government transparency and public accountability.
The case stems from a February 2023 incident where a student posted a video on Instagram showing two school police officers holding a student's arms behind his back and walking him to their vehicle while multiple other students recorded on their phones.
13 Investigates
High school student's arrest under investigation by CCSD
In the video, Lt. Jason Elfberg grabs a teen who is walking away and throws him into the gutter between the police car and the curb. Elfberg is seen pushing down on the student's neck and kneeling on his back while cursing at the surrounding students.
"Bro, you can't have him on the floor like that!" an observing student said.
"Guys, just listen! Just go!" another officer said.
"Hey, hey! Call my momma!" the handcuffed student said.
"I warned you, back the (expletive) up! Back up!" Elfberg said.
"No, you can't have him on the floor like that, bro!" the observing student said.
The video sparked public outcry about excessive force and led to a lawsuit filed by the ACLU against the Clark County School District. The lawsuit forced the district to release documents and body camera footage it had been keeping from the public.
FEBRUARY 2023 | Darcy Spears walks through what the video shows and how the community reacted:
However, the district refused to release the investigative file into the actions of Elfberg. Despite taking no disciplinary action against him, the district subsequently agreed to a settlement, paying the impacted students represented by the ACLU $1 million in Nevada taxpayer funds.
"The actual investigative report there didn't find any misconduct, and yet our clients ended up with a million dollars, so how do you reconcile that, if you're the public?" asked ACLU Nevada executive director Athar Haseebullah.
The ACLU went to the Nevada Supreme Court trying to force the district to release the investigative file.
"The public has a right to know, 1) whether or not this investigation was carried out properly, and 2) why they didn't seek punitive action here," ACLU legal director Christopher Peterson told justices.
The Clark County School District argued that releasing investigative files would invade officer privacy and have a chilling effect on other officers coming forward against a colleague.
"It is entirely to protect an officer's interests, but it is also — when there is no punitive action, which is the situation we are dealing with here — to protect the officers who are forthcoming, who are telling their truth, from, for lack of a better term, being thrown under the bus," said Jackie Nichols, the attorney representing CCSD at the Supreme Court hearing.
In asking for the full court's oversight, Haseebullah maintains that "the decision issued by the panel of justices provides government agencies a blueprint for secrecy, and that’s dangerous."
We'll follow the case closely to let you know if the court agrees to reconsider.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
