ALBUQUERQUE, N.M. – The New Mexico Foundation for Open Government is suing Bernalillo County, alleging officials are withholding public records from the community.

The nonprofit believes if Bernalillo County is concealing this one case, what else are they hiding?

“The default is the public has a right to know. And so when we have instances like this, where the county or a jail is trying to find ways to prevent the public from knowing what they have a right to know, that’s of concern,” said Amanda Lavin, a legal director for the New Mexico Foundation for Open Government. 

New Mexico Foundation for Open Government is suing the Bernalillo County Board of Commissioners and the county’s records custodian, Jennifer Rodriguez.

It comes after a local journalist reached out to the nonprofit after having trouble gaining access to jail footage last year.

“Jail security video showed an officer, who was then employed by the MDC or the Metropolitan Detention Center, using force against an inmate. And the allegations are that this inmate, Mr. John Sanchez, later succumbed to his injuries that were a result of this incident and died,” said Lavin. 

Lavin says MDC and Bernalillo County only gave the journalist, and later the organization, access to the footage on-site. They wouldn’t provide a copy and didn’t let them take notes while watching it at the jail.

“We believe that the county’s denial or refusal to provide a copy of this jail footage, security footage, to the public is a violation of IPRA. They are not a law enforcement agency, and this is not the type of video that the Legislature intended to be accepted under IPRA,” Lavin said. 

The county cited a recent change to IPRA’s guidelines for the denial. In 2023, the Legislature added a new exception involving law enforcement records. Essentially, it means if footage involves great bodily harm or severe violence it can be redacted because that is considered non-public information.

But Lavin says MDC can’t have it both ways.

“They can’t hide behind this exception that was meant to protect victims of crime, but also ensure that there’s transparency when it’s law enforcement officers or public officials who have perpetrated harm against someone that that is released,” said Lavin. 

The lawsuit was just filed Wednesday afternoon.

KOB 4 reached out to Bernalillo County, a spokesperson says they will review the lawsuit and address it accordingly.