Chasnoff v. st. louis metropolitan police department
Update 12.14.09
ACLU Applauds Judge’s Ruling that Police Documents are Public Records
ST. LOUIS, December 14, 2009-- The American Civil Liberties Union of Eastern Missouri applauded a long-anticipated ruling issued December 11 by Judge Philip Heagney. The decision came in a case filed in 2007 by the ACLU of Eastern Missouri on behalf of John Chasnoff.
In April 2007 Chasnoff sought the investigative records from the Police Department’s internal affairs investigation into tickets confiscated by police from alleged scalpers at a 2006 World Series game. It was later determined that some of the confiscated tickets were used by family and friends of police officers. Eight officers were disciplined, but no details of the investigation were released.
Judge Heagney ruled in January 2009 that Chasnoff was entitled to a copy of the complaint that gave rise to the investigation. Today’s ruling turned on whether the complaint alleged a criminal violation. Under Missouri’s open records law, investigation documents are open to the public where a complaint alleges criminal activity. Both sides stipulated in January that the complaint did indeed make such an allegation.
In his ruling Judge Heagney states, “[I]f anyone should obey the law, the Metropolitan Police Department should. Nevertheless, the defenses that the Board has raised in this case and that the Board has repeated again and again without offering any concrete evidence to back up its assertions, lead the Court to believe that the Board of Police Commissioners simply wants [to] have itself and the Metropolitan Police Department be declared exempt from complying with any requirements of Missouri’s Sunshine Law.”
ACLU-EM’s Executive Director Brenda Jones—who is also a Board member of the Missouri Sunshine Coalition—remarked, “The Police Department’s denial of access to the records John sought is an unconstitutional abridgement of free expression. We are pleased that the court has come down clearly on the side of open information.”
The plaintiff in the case was John Chasnoff, who became the Program Direct for ACLU-EM in January. Upon hearing of the decision, Chasnoff commented, “I originally asked for this information in April 2007. Unfortunately, police were able to use the court system to delay release until now. I am pleased that Judge Heagney has reaffirmed Missouri Sunshine law and the importance of open information in a free society.”
Chasnoff is represented in the case by ACLU-EM Legal Director Anthony E. Rothert.
Read Judge Heagney's ruling: Heagney Judgment 12.11.09
2007
We filed suit on behalf of John Chasnoff and the community organization to which he belongs, Citizens Against Police Crimes and Repression, under the Missouri Sunshine law. Mr. Chasnoff requested a copy of the citizen complaint and internal affairs investigation related to police officers taking World Series tickets from scalpers as evidence then giving the tickets to friends to use before returning them to the evidence locker. The Police Department has claims that these are closed records. But the citizen’s complaint is an open record and whether the investigation itself is an open record depends on whether the complaint alleges criminal activity. The City has not yet responded in court. Kristen Dunnett is serving as our cooperating attorney.
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