By james art A lawsuit filed in Washoe County this week challenges the practice of Nevada government agencies denying access to public records on the grounds that they are related to an ongoing investigation.
Filed by attorney Luke Busby on behalf of Erica Bluth, the petition alleges that during a traffic stop, a Reno officer may have copied “intimate” images from Bluth’s phone. Busby filed a public records request for Bluth, seeking records such as body camera footage and messages that include Bluth’s name.
But the cities of Reno and Sparks declined to release the records, citing an ongoing investigation by Sparks police into possible criminal wrongdoing.
Although Bluth, a victim of each crime committed, requested the records through her attorney, Busby said, “they argued that releasing the records could jeopardize future criminal proceedings and violate the personal privacy of victims and potential witnesses.”
In an order signed Thursday, District Judge Connie Steinheimer ruled that Reno and Sparks must “immediately produce the requested records” or show cause why not doing so at a hearing in November.
A Sparks spokesman said the city does not comment on pending litigation.
Reno Police Chief Kathryn Nance said in a statement that the department “identified what appears to be significant officer misconduct, immediately suspended the officer and initiated an internal investigation.”
The officer has since been “retired” from the department, she said, and Reno police will provide more information “as the investigation permits.”
Traffic stop
On New Year’s Eve 2023, Bluth was pulled over by a Reno police officer, according to the petition. During the stop, the officer — who has not been identified — took Bluth’s phone in his car for about 10 minutes and asked her for her number, the suit alleges.
Bluth “felt obligated to engage in text communication with the officer due to his position of authority and met with him once for coffee on or about February 10, 2024,” the suit says.
Nance said the investigation found “potential criminal misconduct,” so the case was referred to the Sparks Police Department for further investigation, as well as the Nevada Commission on Peace Officer Standards and Training, which governs the certification of police officers .
In September 2024, Bluth was visited by Sparks police detectives, who showed her “personal and intimate videos and images” of herself that were on her phone and appeared to be taken from another device, according to the petition. Detectives asked her about the traffic stop, the suit says.
“Bluth never sent these images and videos to the Reno police officer, leading her to believe that the officer may have accessed and copied these images from her phone without her knowledge or consent during the traffic stop on New Year in 2023,” Busby wrote.
Weeks after that visit, according to court documents, Bluth’s attorney filed a public records request.
Wider model
ACLU of Nevada attorney Jacob Smith said there is no legal basis to withhold records on the grounds that they relate to an ongoing investigation. It’s just something the agencies decided to do, he said.
Smith said Bluth’s case also shows how public authorities are involved in “weaponizing privacy rights,” he said.
In that case, he said, Bluth had to file a lawsuit to gain access to records that should be hers and be publicly available.
“I’m sure she’s confused and scared and wants to know what’s going on,” he added.
In denying her access to the records, he said the agencies were “obstructing” her.
In a Nevada Supreme Court case, the ACLU is currently appealing District Judge Daniel Pepper’s ruling that the internal affairs investigation file of a school police officer who pulled a student to the ground and placed a knee on his back is confidential.
“Most agencies in Nevada are not in compliance with the Nevada Public Records Act, so more litigation should be expected,” Smith said.
Contact Noble Brigham at [email protected]. Follow @BrighamNoble on X.