The Pulp and the Invisible Institute, a nonprofit newsroom that reports on police accountability, are suing Montana’s police standards body for the release of data related to officers who have committed misconduct at multiple departments.
The outlets allege in a March complaint that the Montana Public Safety Officer Standards and Training Council, or POST, under the auspices of the state Department of Justice, is unconstitutionally blocking public access to the names, badge numbers and other identifying records of officers in its files.
“Law enforcement officers occupy positions of extraordinary public trust,” the lawsuit says. “They are empowered by the State to stop, detain, search, arrest, and use force — including deadly force — on the public’s behalf, often in circumstances where citizens have little ability to observe, challenge, or later reconstruct what happened. Transparency about who may exercise that authority is therefore critical.”
The state POST council once provided public access to police employment data, the lawsuit says, making Montana one of two dozen states with that level of transparency. But the complaint alleges that this policy changed some time after 2019, when the state Legislature reorganized POST under the state Department of Justice, helmed by Republican firebrand Austin Knudsen since early 2021. Requests from the media and other public interest groups were being routed through DOJ staff who resisted releasing any identifying information about the officers in its files, the lawsuit says.
“It is reasonable for law enforcement officers to expect privacy until there is evidence they have violated” the public trust, Knudsen wrote to a POST bureau chief regarding a records request from the Associated Press in 2022, as The Pulp previously reported.
This apparent policy change violates the state constitution’s right-to-know provision, under which the officers should be treated as any other public employee, the lawsuit argues.
“The public has a right to know who is authorized to use force on its behalf,” Matthew Frank, publisher and co-founder of The Pulp, said in a statement. “This lawsuit is about restoring a transparency standard that POST itself long upheld.”
Last October, The Pulp and the Invisible Institute requested the names and other identifying information of all individuals who had been certified under POST. In its response, the state redacted the names of the officers, ostensibly to protect their privacy.
But the lawsuit says that the officers, as public employees, do not have a reasonable expectation that their names and departments would be shielded from public view under the law.
“Time and again the Montana Supreme Court has emphasized that law enforcement officers in Montana occupy a position of public trust, and because of that, information about them should be public,” attorney and former Democratic state lawmaker Rob Farris-Olsen, who is representing the plaintiffs, said in a statement. “POST’s change in policy is contrary to Montana’s fundamental constitutional right to know, and decades of case law interpreting that right.”
POST and the attorney general’s office have yet to respond in court. The case is filed in Lewis and Clark County District Court before Judge Christopher Abbott.
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