Lawsuit Challenges Denver Police Department’s Compliance with Open Records Laws

An attorney nonprofit organization has initiated legal action against the Denver Police Department (DPD), alleging non-compliance with Colorado’s open records laws. The lawsuit, filed in Colorado state court, contends that the DPD denied a records request seeking information about discovery materials that were not shared with defendants in numerous criminal cases.

This legal challenge underscores ongoing concerns regarding transparency within the DPD. Historically, the department has faced criticism for withholding information. For instance, in 2004, the American Civil Liberties Union (ACLU) sued the DPD for refusing to disclose records of an internal investigation into allegations of racial profiling. The department justified its refusal by claiming that disclosure would be “contrary to the public interest.” ([aclu-co.org](https://www.aclu-co.org/press-releases/aclu-sues-denver-police-department-disclosure-investigation-citizens-allegation/?utm_source=openai))

In response to such practices, Colorado enacted legislation to enhance transparency. A law passed in 2019 extended the Colorado Open Records Act (CORA) to include internal police investigations, aiming to foster public trust by ensuring access to records of internal probes. ([denver7.com](https://www.denver7.com/news/local-news/law-extends-colorado-open-records-to-internal-police-probes?utm_source=openai))

The current lawsuit raises questions about the DPD’s adherence to these transparency mandates, particularly concerning the disclosure of discovery materials. Discovery is a critical component of the criminal justice process, involving the exchange of evidence between the prosecution and defense. The Denver District Attorney’s Office outlines specific procedures for obtaining discovery, emphasizing the importance of timely and complete disclosure to ensure fair trials. ([denverda.org](https://www.denverda.org/discovery/?utm_source=openai))

Allegations of withholding discovery materials are not unprecedented in Denver. A petition on Change.org highlights concerns over the Denver District Attorney’s Office’s failure to turn over police files in numerous criminal cases between 2022 and 2025, reportedly due to a “technical issue.” This lapse potentially affected hundreds of convictions, raising serious questions about the fairness of these proceedings. ([change.org](https://www.change.org/p/investigate-denver-da-s-office-over-withheld-evidence-in-756-cases?utm_source=openai))

The outcome of the current lawsuit could have significant implications for the DPD’s transparency practices and the broader discourse on accountability within law enforcement agencies. As the case progresses, it will be closely monitored by legal professionals and civil rights advocates alike.