What Are They Hiding? Officer may have taken ‘intimate’ images, then Reno, Sparks wouldn’t release records

A lawsuit filed in Washoe County this week takes issue with Nevada governmental agencies’ practice of denying access to public records on the grounds that they relate to an ongoing investigation.

Filed by attorney Luke Busby on behalf of Erica Bluth, the petition alleged 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 communications that included Bluth’s name.

But the cities of Reno and Sparks refused to hand over the records, citing an ongoing investigation by Sparks police into possible criminal violations.

Even though Bluth, the victim of any crime committed, was requesting the records through her attorney, Busby said, “they argued that releasing the records could jeopardize future criminal proceedings and intrude on the personal privacy interests of victims and potential witnesses.”

In an order signed Thursday, District Judge Connie Steinheimer ruled that Reno and Sparks must “immediately provide the requested records” or show cause for why doing so is not justified at a November hearing.

A spokesperson for Sparks said the city doesn’t comment on pending litigation.

Reno Police Chief Kathryn Nance said in a statement that the department “identified what appeared to be significant officer misconduct, immediately removed the officer from duty, and initiated an internal investigation.”

The officer has since been “separated from employment” with 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 is not identified — took Bluth’s phone to his vehicle for about 10 minutes and asked her for her number, the suit claimed.

Bluth “felt obligated to engage in text communication with the officer due to his position of authority and met him once for coffee around February 10, 2024,” the suit said.

Nance said that an 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 got a visit from Sparks police detectives, who showed her “personal and intimate videos and images” of herself that were on her phone and appeared to have been photographed from another device, according to the petition. The detectives asked her about the traffic stop, the suit said.

“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 New Year’s Eve 2023 traffic stop,” Busby wrote.

Weeks after that visit, according to court documents, Bluth’s lawyer filed the public records request.

Broader pattern

ACLU of Nevada Staff Attorney Jacob Smith said there’s no legal basis to deny records on the grounds that they relate to an ongoing investigation. It’s just something agencies have decided to do, he said.

Smith said Bluth’s case also shows how public bodies are engaging in the “weaponization of privacy rights,” he said.

In this case, he said, Bluth had to file a lawsuit to get access to records that should be hers and should be publicly available.

“I’m sure she’s confused and scared and wants to know what’s going on,” he added.

By denying her access to records, he said the agencies were “stonewalling” her.

In a Nevada Supreme Court case, the ACLU is currently appealing District Judge Danielle Pieper’s determination that the internal affairs investigative file of a school police officer who pulled a student to the ground and put a knee on his back is confidential.

“Most Nevada agencies are not following the Nevada Public Records Act so more litigation is to be expected,” Smith said.