Making Police Misconduct Investigations Public Enhances Transparency

Making Police Misconduct Investigations Public Enhances Transparency and Accountability

Lawyers for Civil Rights (“LCR”) and pro bono counsel from Foley & Lardner LLP filed an amicus brief in the Supreme Judicial Court (SJC), urging the Court to rule that records of police misconduct investigations are public records. Following the murder of George Floyd, the Massachusetts Legislature passed the Policing Reform Law, which added language to the state’s Public Records Law specifically requiring that these records be released.  However, in the case now before the SJC, the Bristol County District Attorney’s Office refused to turn over misconduct investigation records following the fatal police shooting of a young Black man.

The amicus brief, which highlights the importance of police transparency and accountability for communities of color, was filed on behalf of four prominent social justice organizations in addition to LCR: Citizens for Juvenile Justice; National Lawyers Guild Massachusetts Chapter; New England’s First Amendment Coalition; and Strategies for Youth.

The misconduct investigation at issue followed a November 2021 fatal shooting of a 30-year-old Black man, Anthony Harden, by officers of the Fall River Police Department. When Mr. Harden’s brother tried to gain access to the misconduct investigation records, BCDAO stonewalled, asserting a narrow and erroneous interpretation of the Public Records law. 

The amicus brief makes clear that the District Attorney’s Office should not be permitted to undermine the Policing Reform Law. “The Legislature has spoken clearly, and the District Attorney should not be allowed to rewrite the statute and shield records that the Policing Reform Law was specifically designed to bring into public view,” said Sophia Hall, Deputy Litigation Director at Lawyers for Civil Rights.

Oral argument in Mack v. Office of the District Attorney of the Bristol County (No. SJC-13468) is scheduled at the SJC in Boston on December 6, 2023. Ana Francisco of Foley & Lardner LLP will be arguing in the SJC on behalf of the social justice organizations.

The brief is available here:

Amicus-Brief-LCR-et-al