Finding Previous Complaints on Officers During Discovery

[mindful]

My question involves court procedures for the state of: California, but in Federal Court

I am trying to get more information on an officer and if he has a past of misconduct. In a video I just watched on Youtube, an officer acted badly and the news crew says through their research they found no prior disciplinary action against the officer, how do I find out too?

http://www.youtube.com/watch?v=tp5bjzAwdAc

That is the news video.

I requested it through discovery and only got back that it is a violation of their privacy rights, but I always thought a public employee's record or complaints filed by citizens would be a matter of public record. Any thoughts?

[cmre3456]

If you are on a fishing expedition with no basis other than curiosity, personnel files regarding discipline are not discoverable but are instead confidential.

If instead you KNOW that the officer has a poor record in that regard and can therefore demand discovery with specificity about certain prior issues which you can articulate, you can get the information. If the department decides to fight you, you can file a motion to compel. The personnel records you want would have to be relevant to your defense.

[cdwjava]

Are you simply seeking the info out of curiosity? Or, are you a party to a civil suit under 42 USC 1983?

As mentioned by cmre3456 these files are generally considered confidential and NOT subject to public disclosure. If you have good cause to believe there is some prior disciplinary action that can support your case, you can seek that through the court. Expect the agency to fight the request, however - even if nothing is there.

[cmre3456]

If you have actual knowledge and evidence about issues in the personnel file which support your case and you run out of time trying to get department records, you can produce your evidence at trial and grill the officer about it on the stand.

There will be an objection which you will need to argue to the judge. Be prepared to hand copies to the judge such as newspaper reports or whatever you have and argue that you need the information to be heard and placed into the record to adequately defend yourself.