Agency accused of withholding public records

ACLU sues for information from Corrections Department on use of force in Las Cruces-area prison

The American Civil Liberties Union of New Mexico is suing the state Corrections Department, accusing the agency of violating public records law by rejecting a request for documents on incidents involving use of force against inmates in a Las Cruces-area prison.

According to the complaint, filed Monday in the state District Court in Santa Fe, the department responded to the nonprofit’s request with a statement citing an internal policy that calls for keeping inmate grievances confidential for their own safety.

Policies on use of force within prisons also are confidential, the department said in its response.

The lawsuit asks a judge to determine if the policy is unlawful.

Attorney Nicholas Davis, who is representing ALCU-New Mexico, said in an interview Wednesday that recent cases support making such records public.

“We disagree the legal reasoning behind the denial, not to mention the denial,” Davis said.

According to the lawsuit, ACLU-New Mexico filed a written request Oct. 10 for the following records from July to October at the Southern New Mexico Correctional Facility:

◆ Documents on use of force, restraints and chemicals such as pepper spray to discipline or subdue inmates.

◆ Incident reports involving use of force, restraints or chemicals.

◆ Documents naming any corrections employees involved in such incidents.

◆ Polices and procedures regarding use of force, restraints and chemicals.

The request also asked the department to redact any information in released documents that is exempt from the state’s public records law and provide a log of any records being withheld, with an explanation of why they were being withheld.

The Corrections Department responded with a blanket denial of the records request, saying it “has designated its use of force policies as confidential.”

The department argued the release of such information could “implicate inmate grievances.”

“Inmates understand from policy and practice that the grievances they file are not public,” the department said, citing safety and security issues.

“Certain inmates, if they were able to obtain copies or review the grievances filed by other inmates, would use the personal and sensitive information in the grievances to harass or intimidate the inmates or create disturbances,” the department said.

Eric Harrison, a spokesman for the Corrections Department, said Wednesday he could not comment on pending litigation or confirm whether any inmates have ever used public records to harass or intimidate other inmates.

He said the department also keeps its use-offorce policies private.