Nevada Supreme Court Blocks Release of CCSD Police Probe Records

ACLU argues decision sets a dangerous precedent for public transparency

Mar. 31, 2026 at 1:19am

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An extreme close-up photograph of a police badge or handcuffs, the metal and plastic surfaces sharply illuminated by a harsh, direct camera flash against a pitch-black background, creating a stark, gritty, and investigative aesthetic.A harsh, unforgiving spotlight on the tools of law enforcement, as a battle over transparency and accountability plays out in the courts.

The Nevada Supreme Court has blocked the release of the investigative file into an incident where a Durango High School student was seen slammed to the ground by a CCSD police officer three years ago. The ACLU of Nevada, which represented two students involved, argues the decision prevents the public from accessing important information about the investigation and sets a dangerous precedent for government transparency.

Why it matters

The incident, which went viral after a witness recorded video of the officer's use of force, raised concerns about police accountability and the treatment of students by school resource officers. The ACLU believes the public has a right to access the full investigative file to understand the nature and thoroughness of the probe.

The details

In February 2023, CCSD Police Lt. Jason Elfberg was seen on video slamming a Durango High School student to the ground. The ACLU later filed a lawsuit to obtain body camera footage and other public records related to the incident. While the footage was eventually released, the full investigative file was withheld. The Nevada Supreme Court ruled that the file is confidential and not subject to public records disclosure, citing a state law that prevents officers under investigation from accessing the file unless punitive action is recommended.

  • The incident occurred in February 2023.
  • The ACLU filed a lawsuit two months later in June 2023.
  • CCSD officials announced the investigation's findings in June 2023, saying Elfberg would not be fired and the use-of-force policy would not change.
  • The body camera footage was released in January 2024 after a judge's order.
  • The Nevada Supreme Court blocked the release of the full investigative file in March 2026.

The players

ACLU of Nevada

A civil liberties organization that represented two students involved in the incident and filed a lawsuit to obtain public records related to the police investigation.

CCSD Police Lt. Jason Elfberg

The officer seen slamming a Durango High School student to the ground in a viral video, prompting the investigation.

Nevada Supreme Court

The state's highest court that blocked the release of the full investigative file, ruling it is confidential and not subject to public records disclosure.

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What they’re saying

“We view it as the wrong decision first from a transparency standpoint and accountability standpoint, because the government should not be above the law and should not be able to bury things in an investigative file.”

— Athar Haseebullah, Executive Director, ACLU of Nevada

“What we have was just a blanket closure according to the Nevada Supreme Court of this specific file, which really in any incident would thereafter allow for law enforcement to go and bury things in an independent investigation file and the public's never going to see it.”

— Athar Haseebullah, Executive Director, ACLU of Nevada

What’s next

The ACLU plans to file a request for the Nevada Supreme Court to reconsider the issue with the full court.

The takeaway

This case highlights the ongoing tension between public transparency and law enforcement confidentiality, with the Nevada Supreme Court's ruling seen by the ACLU as setting a dangerous precedent that could allow investigators to bury information from the public. The outcome could have significant implications for how police misconduct investigations are handled and scrutinized in the future.