Austin Sued over Documents Related to Fatal Police Shooting of Black Man

From [HERE] The Texas Civil Rights Project has filed a lawsuit against the City of Austin, claiming it violated state open records laws by not responding to a request for documents related to the fatal shooting of Ahmede Bradley by a police officer in April. According to the suit filed in state District Court in Travis County last week, the nonprofit civil rights group faxed a request to the city under the Texas Public Information Act on April 6, a day after Bradley was shot during what officials say was a struggle with an officer after a traffic stop in East Austin.

The incident began in the 6000 block of Manor Road when Copeland stopped Bradley for playing loud music from his vehicle, police officials have said. During the stop, Copeland smelled what he believed to be marijuana and moved to search the vehicle, officials said.

Bradley then drove off with Copeland in pursuit and later fled on foot near Overbrook Drive, officials said.

The two engaged in a series of struggles, officials said. During the second fight, Bradley tried to choke Copeland with his radio cord, police have said. Copeland then shot Bradley three times in the chest, killing him, officials said. Assistant Police Chief Sean Mannix said Tuesday that the case is under investigation and has not been presented to a grand jury.

The Texas Civil Rights Project requested documents related to officers' encounters with Bradley that April day up until his death, including incident reports, video and audio files, officer and witness statements, evidence and other materials. The group asked the city to waive the fees for the request, the lawsuit said.

In the suit, the group claims: "The City of Austin refuses to produce these documents and failed to raise objections or respond in any way pursuant to the Public Information Act. ... Without the intervention of this court, (the city) will be illegally allowed to deny the plaintiff's rights."

Under Texas law, a governmental body must respond to an open records request within 10 days by telling the requester they will release the information or seek a decision from the attorney general on what can be withheld.

"In this case, the city failed to do that entirely," Wayne Krause Yang, the Texas Civil Rights Project's legal director, said Tuesday. He said it is difficult to know whether the family has grounds for a potential lawsuit against the city.

The lawsuit said that after failing to receive a response, Krause Yang sent a letter to the Police Department on July 6 requesting the documents by July 11. He said he did not get a response.

Krause Yang accused the department of "selectively leaking" parts of the Bradley investigation to the media. About a week after the shooting, police officials released two 911 calls from witnesses who described a struggle between Bradley and officer Eric Copeland for Copeland's gun.

Krause Yang said those tapes only tell part of the story.

"They have a number of videos and other materials they must release to know what happened," Krause Yang said. "At some point, this information is important for our mission and for the family." It is also a case "the public should know more about," he said.

"The city was served with the lawsuit (Tuesday) and will take appropriate steps to respond to and otherwise defend the lawsuit," city spokesman Kyle Carvell said in an email statement.