Brown University police arrests are not public. ACLU lawsuit is looking to change that.
A new lawsuit filed by the American Civil Liberties Union of Rhode Island aims to stop a three-decade practice in which Brown University police officers keep arrest reports hidden from the public.
The complaint filed in Providence County Superior Court Monday was prompted by a pair of journalists — one is a former Brown University student journalist who graduated in 2024 and the second writes for arts and entertainment publication Motif Magazine. Each was separately refused reports of unrelated arrests made by Brown University's Department of Public Safety.
Brown University contends that the officers work for a private agency, and therefore are not subject to Rhode Island's Access to Public Records Act. The ACLU argues that because Brown's police officers have the same seizure, detention and arrest powers as local and state law enforcement — laid out under a 1995 law — their actions, including arrests, should be subject to the same scrutiny as any other government agency or public body.
'By engaging in one of the most fundamental functions of government — the enforcement of criminal laws and exercising the power to search and seize individuals — BDPS is acting on behalf of and/or in place of a government agency or public body,' the seven-page complaint states.
The legal action comes as good government advocates, including the ACLU, rally for more sweeping reform of the state's public records law, which has not been updated since 2012. Among the 48 changes proposed in legislation pending before the Rhode Island General Assembly is a provision clarifying that private university police bestowed arrest powers by the state must be subject to state records laws.
Rhode Island School of Design police are the only other private university in Rhode Island given power to arrest under state law, though they are not named in the complaint. Steven Brown, executive director for the ACLU, said the good government group has received half a dozen complaints, mostly from journalists, about Brown University's refusal to hand over arrest records when asked.
'It just seems so clear that a police department, wherever it is located, is operating as a public agency when they detain and arrest individuals,' Brown said in a recent interview. 'It is rather daunting to consider the power that they have as law enforcement, that they claim they can hide.'
Brian Clark, a spokesperson for Brown, said the university had not received the lawsuit as of Monday afternoon.
'Should we receive it formally, we will review it in full,' Clark said in an emailed response.
Clark also pointed to a January opinion by the Rhode Island Office of the Attorney General affirming that Brown's police department is not subject to state public records law because it is not a government body or public agency.
The eight-page opinion by Paul Meosky, special assistant attorney general, aimed to settle disputes between the university and two local journalists — the same two people named as plaintiffs in the ACLU lawsuit — over access to campus police arrest reports.
Meosky concluded that it was 'undisputed' that Brown University's police department was a 'unit of Brown,' and therefore part of a private, nonprofit institution — not subject to state open records laws.
'Nothing in the record suggests that BUPD has open meetings or is listed as a public body on any government website,' Meosky wrote. 'Additionally, the record demonstrates that the BUPD is not authorized to operate beyond the university's campus and its immediate vicinity.'
Meosky also noted 'the strong public interest' in campus police records.
'We strongly encourage the General Assembly to carefully review this issue and whether the APRA should be amended to make law enforcement-type records maintained by private campus police departments subject to the APRA,' the opinion states.
Timothy Rondeau, a spokesperson for the AG's office, said the opinion 'speaks for itself' when asked for comment about the lawsuit.
'Our Office has been, and will continue, to be vigorously committed to open government,' Rondeau said in an email. 'This was a challenging issue, and we will await the Court's guidance.'
Brown said he was disappointed, but not surprised by the AG's opinion, which followed what he called a 'pattern of deferring to local police departments when it comes to open records laws.'
And it's incorrect, at least in the eyes of Noble Brigham, a Brown University Class of 2024 graduate and one of the two plaintiffs in the ACLU lawsuit.
Brigham, 23, now lives in Las Vegas, where he works as a courts reporter for the Las Vegas Review Journal. During his time as a student at Brown, he freelanced for the Providence Journal and wrote for the campus newspaper, the Brown Daily Herald.
Brigham asked campus police for arrest reports in December 2022 while working on a story about a man charged by Brown Police with trespassing and felony breaking and entering, after he was found sleeping in the basement of a campus dorm. Brown refused to hand over the documents, prompting Brigham to appeal to the AG's office in January 2023.
Brigham no longer keeps tabs on the fallout from the arrest of the man, who had a 10-year history of run-ins with campus police, according to Brigham's reporting.
But he insists access to campus police arrest reports is important.
'I didn't just file the complaint because I thought Brown was wrong in their interpretation of the records law,' Brigham said in an interview Friday. 'I also thought it was important for people to know what's going on.'
Exempting Brown police from making arrests public also hides whether campus law enforcement are following through with charges on arrests — or, potentially, erasing those arrests even from internal records.
'One of the most important purposes of APRA is to make sure police agencies cannot make arrests disappear,' said Michael Bilow, a reporter with Motif Magazine and the other plaintiff in the ACLU lawsuit. 'To this day, I have no legal assurance that Brown didn't do that.'
Bilow first sought records for Brown University students arrested during a series of pro-Palestine sit-in protests in the wake of the Hamas attack on Gaza. An initial group of 20 students were arrested by campus police for a Nov. 8, 2023 protest, but the charges were dropped.
Another 41 students were arrested for trespassing during a Dec. 11, 2023, sit-in protest, according to news reports. State law requires that Brown University police must submit any arrest reports to the Providence Police Department.
But when Bilow first requested the arrest documents for the 41 students from Providence police, he was told there were no records. He had also tried to get them from campus police but never heard back. Five months later, Bilow spotted a Providence City Council post on X calling on the city solicitor to drop charges against the 41 Brown students. Bilow re-upped his request to the city, using the social media post as proof that arrests had been made and charges filed.
One of the most important purposes of APRA is to make sure police agencies cannot make arrests disappear. To this day, I have no legal assurance that Brown didn't do that.'
– Michael Bilow, a reporter with Motif Magazine and one of two plaintiffs in the ACLU lawsuit against the university
Bilow eventually got the information he was asking for from the city of Providence, which admitted its error in previously telling him that there were no records.
'My understanding is that Brown Police did the 'processing' of the arrested individuals, which led to our confusion here,' a city spokesperson told Bilow in the reply, which is included in a story by Bilow on Motif's website. 'This is why Public Safety had no records of the arrest.'
Samara Pinto, a spokesperson for Providence Mayor Brett Smiley's office, indicated this is not unusual.
'Brown University Public Safety reports come into the Department's possession when criminal cases involving their arrests are referred for prosecution in district court,' Pinto said in an email Monday. 'In many instances, the copy in the prosecution file may be the only one we receive.'
While Bilow now has the names and charges against the 41 students, he doesn't know if anyone else was arrested, but isn't being prosecuted. That leaves him unable to confirm if others may have been charged but then had charges subsequently dropped.
'I have no proof, but I have no assurance either,' Bilow said. 'That in itself is pretty newsworthy.'
A former Brown University police officer has begun to speak out about the lengths university officials are willing to go to keep information closeted within the 95-person department. Michael Greco, who worked as a patrol officer for Brown University Department of Public Safety for 18 years before leaving in August, testified in support of public records reform at a State House hearing on May 22.
Greco told lawmakers the department's exemption from public records law was purposefully manipulated to hide information. On multiple occasions, he or other campus officers would be sent to handle incidents that should have been handled by Providence police, specifically because that would ensure any reports or arrests could remain private, he said.
Greco has filed a workers' compensation claim against the university after leaving due to post-traumatic stress disorder, which he developed after a November 2021 shooting and bombing threat on campus. In an interview, Greco said he and other officers were sent to respond to a report of bomb threats and someone claiming they were going to 'shoot cops.' Greco said he was specifically instructed not to call in the threat on his radio so that Providence police would not hear the information and also respond.
An initial report written by Greco on the day of the threat, Nov. 7, 2021, and shared with Rhode Island Current following the threats at Brown — which were ultimately not proven true — details his concerns about campus police being ill-equipped to respond to an active shooter threat. A printout also shared by Greco shows another officer modified the report two days later; the section in which Greco wrote that he was concerned about responding and was shrugged off was deleted.
'They were willing to dangle us in front of a building where a guy said he would shoot police officers in order to keep something from getting on the Providence radios and out into the public,' Greco said. 'If the primary function of Brown's police department is to take what should be public record and make it private, they are not prioritizing the safety of officers.'
Clark did not respond to requests for comment on Greco's allegations.
Providence police did eventually respond to the bomb and shooting threats on Nov. 7, 2021. However, the city police incident report notes the call was received at 5:21 p.m., three-and-a-half hours after the initial 1:50 p.m. call to Brown University police noted in Greco's report.
There were no arrests.
Brown University Department of Public Safety is also required to collect and report crime statistics to the U.S. Department of Education under The Jeanne Clery Campus Safety Act. The university maintains an electronic log of daily incidents, dating back to 2018, noting the date and time of each incident, its classification — larceny, burglary, extortion, etc — and whether the investigation is open, closed or turned over to Providence police.
The single-line entries offer little detail, and without a formal arrest or transfer to Providence police, most of the specific information remains out of public reach.
If the primary function of Brown's police department is to take what should be public record and make it private, they are not prioritizing the safety of officers.
– Michael Greco, a former Brown University patrol officer who left in August 2024
Greco also alleged police would routinely doctor incident reports to avoid federal reporting requirements — vandalism became 'property damage with malicious intent,' for example.
'I don't think that there's anything more troubling than the notion that an agency that has the power to arrest somebody can keep that information about those arrests secret,' Brown said. 'That should concern anyone who cares about transparency and accountability, when any entity is given such incredible power over information.'
The lawsuit asks the court to issue a judgment determining that Brown's campus police department is a public body, subject to compliance with public records laws. It also seeks court intervention to force Brown University to hand over the arrest documents requested by Bilow and Brigham within 10 days.
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
2 hours ago
- Yahoo
How Trump's ‘antisemitism' deal with Brown University actually endangers Jewish students
Brown University is the latest institution to come to an agreement with the Trump administration, in part, ostensibly, over antisemitism. In addition to costing the university the equivalent of $50 million over a decade, the deal requires the university to agree to take steps to make Jewish students feel welcome, such as outreach to Jewish day schools to inform students about applying to Brown, renewing 'partnerships with Israeli academics and national Jewish organizations,' convening the campus community for a celebration of Jewish life and ensuring robust education about Israel and a thriving Judaic Studies Program. Separately, the agreement prohibits the university from using 'diversity narratives' in admissions or from trying to achieve race-based outcomes or diversity targets. The logic here seems to be that these separate components of the agreement together indicate that special protections should only be available for Jews, and not other marginalized groups. Even if only the safety and well-being of Jewish students are considered, this agreement raises three pertinent issues. First, it is not actually possible to teach or learn about Jewish history and identities or antisemitism in the United States and abroad without also learning about other hatreds, specifically racism and xenophobia. An administration that encourages a university to pretend the latter is not real inhibits one's ability to understand the former. How can one learn about the malicious and enduring trope of the Jew as a perpetual outsider, disloyal to the nation, without learning about xenophobia? How can one talk about the quota on Jews coming from Eastern Europe to the United States during the Nazi era, which condemned so many to die, without talking about fear and hatred of immigrants? And even if one leaves out the inspiration he took from the U.S. approach toward Black Americans, how does one teach about Adolf Hitler, the Holocaust and the Nazis' racialized (and racist) policies toward Jews without teaching about racism? And the history of American Jews specifically, of our assimilation and acculturation and the challenges therein, cannot be discussed without also discussing race and racism in U.S. history. Even something as seemingly innocuous as teaching about Jewish diversity today — how not all Jews are Ashkenazi and that Jews of color are indeed real — runs up against the ban on other forms of DEI. How do you acknowledge Jews of color if you will not also acknowledge race and racism? Second, not only is it impossible to teach about Jewish history and antisemitism in isolation, cordoned off from other hatreds, but if other universities follow Brown's lead and enact similar programs, they will be sending the message to students of minority identity and communities that theirs are not concerns worth learning about — but Jews' are. The thinking here seems to be that DEI is responsible for a worldview of hierarchies of oppression — but also that the way to make college students take antisemitism seriously as a tool of oppression is to cancel lessons of all other hatreds. This will only further the perception that Jews are separate from other marginalized communities and most likely lead to greater resentment of Jews within those communities. After all, if ours were really an identity like theirs, would we not learn about them alongside one another? Finally, whose Jewish identity, exactly, are we talking about here? Whose understanding of antisemitism will be taught? It is true, as legacy Jewish organizations remind us, that many Jews see loving the state of Israel as core to their Jewish identity. It is also true that, increasingly, especially for younger Jews, some do not, while many find themselves somewhere in between. So, too, is it true that the definition of antisemitism and attempts to codify it have been hotly contested and debated by Jewish groups, communities and policymakers. However, the Trump administration has one understanding of Jewishness. Secretary of State Marco Rubio has equated 'the Jewish people' with Israel. President Donald Trump has taken it upon himself to say Senate Minority Leader Chuck Schumer, D-N.Y., the highest-ranking Jewish elected official in the history of his country, is 'Palestinian' and 'not Jewish anymore' (this manages to be both racist against Palestinians and deeply offensive to those of us who do not believe the president is the arbiter of authentic Judaism). The details in Brown's agreement with the government are counterproductive if the goal is to actually educate more students about antisemitism and Jewishness. And the agreement itself risks flattening Jewish identity to the administration's own limited understanding of what that means. This article was originally published on Solve the daily Crossword
NBC News
15 hours ago
- NBC News
Authorities arrest alleged associate of man suspected in deaths of 4 in Tennessee
A man described as an associate of the suspect in a quadruple homicide in Tennessee earlier this week has been arrested on suspicion of helping the fugitive, authorities said Saturday. Tanaka Brown, 29, was arrested and jailed Friday. He has been charged with accessory after the fact to first-degree murder, the Tennessee Bureau of Investigation said in a statement. Brown is being held without bond in Lake County Jail, the bureau said. He is accused of helping Austin Robert Drummond, 28, who remained at large Saturday night. Authorities have been searching for Drummond in connection with the deaths of four people Tuesday in Tiptonville. The four bodies were discovered after an infant was found abandoned in a car seat in Dyer County, setting off a scramble to find the baby's guardians, Stephen Sutton, a spokesperson for the sheriff's offices in Lake and Dyer counties, said at a Friday news conference. 'The baby is safe and is being cared for,' Sutton said. Drummond has been charged with four counts of first-degree murder, aggravated kidnapping, possession of a gun during a dangerous felony, and possession of a firearm by a convicted felon, according to the U.S. Marshals Service. Suspect Austin Drummond. Tennessee Bureau of Investigation Drummond was out on bond when the killings took place, Danny Goodman, district attorney for Dyer and Lake counties, said Friday. He had been released on bond related to an incident that allegedly took place in prison, where he was serving time for aggravated robbery, Goodman said. It's not clear whether Brown or Drummond have retained legal counsel. The public defender's office for the judicial district that covers Lake and Dyer counties was not available to provide information late Saturday. Drummond is described as armed and dangerous, and anyone who spots him was asked to call 911. 'Getting Austin Drummond in custody is a priority,' the U.S. Marshals Service said. Two vehicles associated with Drummond have been found, authorities said. A white 1988 Ford pickup with red side panels was located in Dyer County on Saturday, and authorities are asking anyone with security video of the truck to send it to the Tennessee Bureau of Investigation. Drummond's white 2016 Audi A3 was found abandoned Friday in Jackson, about 74 miles southeast of Tiptonville, the bureau said. He is believed to still be in the Jackson area, bureau Director David B. Rausch said Friday. 'This incident has this community on edge,' Rausch said. Jackson is about 87 miles northeast of Memphis. Authorities have previously identified the victims as Matthew Wilson, 21, the abandoned child's father; Adrianna Williams, 20, the mother; Cortney Rose, 38, the maternal grandmother; and Braydon Williams, 15, the maternal uncle. Authorities haven't said how they died but have described their deaths as the result of murder. 'There is a familial relationship between the suspect and the family,' Rausch said. A relative of the victims said Thursday in a Facebook post that the suspect has 'literally been nothing short of amazing to us and our kids.' According to the post, Drummond previously dated a sister of Rose. Rausch said the suspect showed a sign of compassion — dropping the child off — so "there is hope for him to be able to come in and have a conversation about what happened.' Dennis Romero
Chicago Tribune
21 hours ago
- Chicago Tribune
Officials scour mountainous area of Montana for ex-US soldier suspected of killing 4 in bar shooting
Authorities were scouring a mountainous area of western Montana on Saturday for a military veteran who they say opened fire at a bar, killing four people. Michael Paul Brown, 45, fled The Owl Bar in the small town of Anaconda in a white pickup truck but ditched it at some point, said Lee Johnson, administrator of the Montana Division of Criminal Investigation, which is overseeing the case. He urged residents late Friday to stay at home and remain on high alert. On Saturday, authorities released a photo of the suspect, barefoot and shirtless, walking down what appeared to be a flight of outdoor concrete steps. The photo showed Brown, wearing black shorts, fleeing after the shooting Friday, according to the Division of Criminal Investigation. 'While law enforcement has not received reports of Brown harming any other individuals, he is believed to be armed, and he is extremely dangerous,' Johnson said. Anaconda-Deer Lodge Police Chief Bill Sather said Saturday that businesses in the area could open, but he urged caution. Authorities said they would release the names of the victims once all of their families have been notified. 'This is a small tight-knit community that has been harmed by the heinous actions of one individual who does not represent what this community or Montanans stand for,' Johnson said. Anaconda, about 25 miles (40 kilometers) northwest of Butte, is hemmed in by mountains. The town of about 9,000 people was founded by copper barons who profited off nearby mines in the late 1800s. A smelter stack that is no longer operational looms over the valley. Brown lived next door to The Owl Bar, said owner David Gwerder, who wasn't there during the shooting Friday morning. Gwerder told The Associated Press that the bartender and three patrons were killed and didn't think anyone else was inside. He also said he wasn't aware of any conflicts between Brown and any of the victims. 'He knew everybody that was in that bar. I guarantee you that,' Gwerder said. 'He didn't have any running dispute with any of them. I just think he snapped.' Brown served in the U.S. Army as an armor crewman from 2001 to 2005 and deployed to Iraq from early 2004 until March 2005, said Lt. Col. Ruth Castro, an Army spokesperson. Brown was in the Montana National Guard from 2006 to March 2009, Castro said. He left military service in the rank of sergeant. Brown's niece, Clare Boyle, told The Associated Press on Friday that her uncle has struggled with mental illness for years and that she and her other family members repeatedly sought help. 'This isn't just a drunk/high man going wild,' she wrote in a Facebook message. 'It's a sick man who doesn't know who he is sometimes and frequently doesn't know where or when he is either.' With no sign of Brown in the white pickup or his home, authorities converged on the Stumptown Road area west of Anaconda by ground and air Friday, locking it down so no one was allowed in or out. Authorities had lifted the lockdown by Saturday. A helicopter hovered over a nearby mountainside as officers moved among the trees, said Randy Clark, a retired police officer who lives there. The search continued Saturday morning, said Chase Scheuer, a spokesperson for Montana's Division of Criminal Investigation. As reports of the shooting spread through town earlier Friday, business owners locked their doors and sheltered inside with customers. The owner of the Firefly Café in Anaconda said she locked up her business after a friend alerted her to the shooting.
