Fort Worth sues Texas attorney general in bid to withhold police vehicle pursuit policy

The city of Fort Worth is suing Texas Attorney General Ken Paxton to block the release of its police pursuit policy, after multiple news organizations sought to obtain it through open records requests. The pursuit policy came under scrutiny after two residents died in unrelated police chases in the span of a month last summer — Andra Craig, 57, and a 15-year-old girl. Craig was an innocent driver who was struck by a police SUV pursuing another vehicle and ejected from his car, dying on the scene. The 15-year-old girl was inside of a truck being pursued by police when it slammed into a pole, killing her. Fort Worth Report journalist Emily Wolf, Fort Worth Star-Telegram journalist Harriet Ramos and CBS journalist Kelsy Mittauer all filed open records requests seeking the portion of the police department’s general orders governing police pursuits. In addition, Argelia Castanon with Anchor Risk and Claims Management filed a records request related to a specific police pursuit.

The city denied those requests, instead appealing to the attorney general’s office. That office has the authority to determine whether information can be withheld from the public under the law. The records, city attorneys said, contain specific procedures and personnel responsibilities for vehicle pursuits. Fort Worth argued those records are confidential because they are internal records used for enforcement or prosecution, and include tactical information used to “prevent, detect, respond to, and investigate acts of terrorism or related to criminal activity.” The attorney general found that the city could withhold some of the records but could not withhold all of the information at issue, because it: Did not demonstrate the applicability of the law enforcement agency’s internal record or notation exclusion to the information at issue. Failed to demonstrate that the information at issue was confidential under the Texas Homeland Security Act.