ACLU Sues for Release of Fresno Police Department Records


For Immediate Release: May 27, 2009

The ACLU of Northern California has filed a lawsuit challenging the City of Fresno’s refusal to release the names of police officers involved in a recent highly publicized incident, in violation of the California Public Records Act (PRA). The suit seeks access to the names of police officers involved in the February 2009 beating and arrest of Glen Beaty and a change to the unlawful policy of refusing to release the names of officers involved highly publicized incidents within the time limits mandated by the PRA. The ACLU-NC requested release of the involved officers’ names three months ago. The California Public Records Act requires public agencies to make records available within 10 days, or, in unusual circumstances, with 24 days of the request. Article I section 3(b)(1) of the California Constitution, enacted by voters in 2004, guarantees that “the people have the right of access to information concerning the conduct of the people’s business.”  

The City claims that it may withhold these records until after it has completed any internal investigation of the incident at issue. It has used this policy to justify its continuing refusal to disclose the names of the two police officers who were involved in the widely reported videotaped beating of a homeless man, more than three months after the beating. 

“The City’s refusal to release records in a timely manner violates state laws that ensure the public has the right to know what our government is doing with our tax dollars,” said Michael Risher, ACLU-NC staff attorney.  “The City should not be allowed to suppress the names of the officers while it waits for the public outrage over this incident to blow over.” 

On February 10, 2009, a Fresno television newscast aired a video of a Fresno police officer repeatedly punching a homeless man -- Glen Beaty -- in the head as two officers took him into custody on February 9, 2009. In the video, Beaty does not appear to be struggling, resisting, or doing anything else that could warrant this level of force: he is lying on the ground as one officer holds his arm and the other punches him. Beaty was face down on the ground with his arms behind his back when the officer delivered the final blow to the back of Beaty’s head. 

On February 24, 2009, the ACLU-NC sent a letter to the Fresno Chief of Police Jerry Dyer, requesting documents with the names of the officers involved in the Beaty incident, under the Public Records Act.  The ACLU’s lawsuit comes after the City continues to withhold these records, more than three months after the incident. 

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