Page 1 of 4 1 2 3 ... LastLast
Results 1 to 10 of 39
  1. #1
    Join Date
    Sep 2009
    Location
    Brawley, CA 92227
    Posts
    288

    Default Public Records Act Request for Names of Officers Involved in Shooting

    I requested the names of CA Sheriff's deputies who fired their weapons in an incident where a young man was killed at a traffic stop.

    A recent CA Supreme Court decision, Long Beach Police Officers Association v. City of Long Beach, et al., held that the names of officers involved in shootings are not confidential under California law and must be disclosed.
    The response from the County Counsel's Office cited CA Gov. Cd. 6253(a),(b). The CAPR does not compel a public agency to create lists or reports in response to questions.

    What document can I request that would not require them to make a list?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Cpra Request for Names of Officers Involved in Shooting

    you are missing the point;


    they do not have to take data from reports and such and compile a list of anything> What they are required to provide are actual documents so


    you want a document that would include the names of the officers. The document, not a list of the names contained in it.

    what document or documents would include the names of the officers I cannot say but that is what you want.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Cpra Request for Names of Officers Involved in Shooting

    No agency is required to create a record if it is not something they would normally keep. Since any document containing the names of these officers would almost certainly be a confidential document as part of a personnel or criminal investigation, it is likely NOT a releasable public record under the CPRA. Or, that will likely be the agency's position.

    Your recourse would be to go to court to compel the release.

    You can always request a copy of the report of the shooting, but, as it is likely still an "open" investigation, they would almost certainly reject the request, or, redact significant portions of it (possibly including the officer's names). I suspect that the media has already tried to get the info and if there was a way, they would - and they have lawyers to push the issue if there is a real issue.

    In a shooting where there might be palpable community ire and/or threats to the officers involved, or, where the release of the names might negatively impact any investigation into the matter, an agency can lawfully withhold even an otherwise public document so long as the threat to the personnel or the integrity of the investigation was reasonable.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Public Records Act Request for Names of Officers Involved in Shooting

    This case.

    I expect that the department is citing the rule set forth in Haynie v. Superior Court (2001) 26 Cal.4th 1061 [112 Cal.Rptr.2d 80, 31 P.3d 760], that they don't have to create an inventory of documents in their possession for your convenience. They are correct that the CPRA does not compel them to create new reports, merely because you request that they produce a report on a subject for which no report exists. But it's difficult to believe that they would not have investigated a police shooting, so how about requesting a copy of the report the department completed as a result of its investigation of the shooting? As you've been told, even if you identify a report they hold they may acknowledge the report but claim it's not subject to disclosure.

    Looking at your posting history, I would not be surprised if they stonewall you until you get a court order compelling them to make some form of disclosure.

  5. #5
    Join Date
    Sep 2009
    Location
    Brawley, CA 92227
    Posts
    288

    Default Re: Public Records Act Request for Names of Officers Involved in Shooting

    So, the decision of the Superior Court, a unanimous decision by the Court of Appeals and a 6-1 CA Supreme Court decision that officers' names must be released, except under some specific exceptions, does not apply outside of that particular case in Long Beach?

    I also asked for the dates of hire for a couple of cops and they gave the same reason-they don't have to make a list.

    What document do I ask for to get a cop's date of hire so they don't have to write down 2 dates on a piece of paper?

    - - - Updated - - -

    A more general question: When the CA Supreme Court issued their decision in this case, did it become the law, immediately?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Public Records Act Request for Names of Officers Involved in Shooting

    I have a question, and despite any earlier disagreements there is a reason for this question and I really am trying to help you.

    I understand why you are looking for the names of the officers. May I ask the relevance of the dates of hire?

    I am going somewhere specific with this, and I really am trying to assist you.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Public Records Act Request for Names of Officers Involved in Shooting

    In Long Beach, the denial arguments were made for a different portion of the Government and Penal Codes. The denial of your request was made citing a different code section of the law than those addressed in the Long Beach decision. As such, it is arguably not binding upon them. Not to mention the fact that the most recent decision by the CA Supreme Court is only days old and it is not likely that it has filtered down to all the city and county attorneys out there.

    But, as is true of any CPRA denial, you can take the matter to court in an effort to obtain the information initially denied to you. And, as I also mentioned, you can wager that if it is possible or can be done with some ease, you can probably count on the local media to do that particular heavy lifting if the names are something they want to obtain.

    As for the dates of hire of particular officers, why? That information is part of a personnel record that may be considered confidential information. And are you asking how much time they have in law enforcement? Or, their date of hire with the agency? As a note, the date of hire with the agency will tell you nothing about their training and experience and might, in fact, present a skewed portrait of their estimated training and experience.

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Public Records Act Request for Names of Officers Involved in Shooting

    Quote Quoting huntsab
    View Post
    So, the decision of the Superior Court, a unanimous decision by the Court of Appeals and a 6-1 CA Supreme Court decision that officers' names must be released, except under some specific exceptions, does not apply outside of that particular case in Long Beach?
    You need to pay more attention to the court's actual holding. The court held that the police can't withhold officer names when fulfilling a CPRA request for an existing report that they are obligated to provide. It did not hold that they have to create a list or report that does not exist.

    Your request, it would seem, was phrased such that it could be interpreted as a request that a special list or report be prepared for you; perhaps that's what you explicitly requested. As you have not shared the language you used, we are limited in what we can say about it.

  9. #9
    Join Date
    Sep 2009
    Location
    Brawley, CA 92227
    Posts
    288

    Default Re: Public Records Act Request for Names of Officers Involved in Shooting

    "As for the dates of hire of particular officers, why? That information is part of a personnel record that may be considered confidential information. And are you asking how much time they have in law enforcement? Or, their date of hire with the agency? As a note, the date of hire with the agency will tell you nothing about their training and experience and might, in fact, present a skewed portrait of their estimated training and experience."

    Requesting a date of hire would only give me the time they've had in that agency.

    In a prior case, I was able to track an officer's entire employment history-he had been employed by three local PDs and was the defendant in several federal lawsuits before he killed a young man. One of the lawsuits was eerily similar to the case in which the young man died.

    The area this kid was killed is sparsely populated and perhaps a place where less experienced deputies would start. The level of supervision is what I am most concerned about.

    - - - Updated - - -

    Mr. Knowitall, I asked for: "the names of all deputies who discharged their weapons." Not explicitly, a list. They are also required to help the public overcome any obstacles to getting the information they seek. If there is a document that can provide the information, without making a list, they should release that document.

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Public Records Act Request for Names of Officers Involved in Shooting

    Quote Quoting huntsab
    View Post
    "

    Mr. Knowitall, I asked for: "the names of all deputies who discharged their weapons." Not explicitly, a list. t.

    but that is exactly what you say it isn't. You asked them to provide you a LIST of all the deputies who discharged their weapons. They do not have to pick info from a report or other document and provide that to you. They are required to provide a document (the whole document) that you request (as long as there is no reason to not release it as Carl was addressing). They are not required to provide you with what document might provide the information you seek. They are required to do nothing more than make a copy of the document you specified in your request and provide it to you.

    so, figure out what document you have a legal right to demand they provide you and submit a request for it.

    Other than redacting information within a document that cannot be released (as some documents are obtainable but may contain information within that is not available to you and as such, are redacted to remove only that information), they don't have to read the document or care what is within it.


    Requesting a date of hire would only give me the time they've had in that agency.
    again, that is asking them to compile a list or document. They have to provide a document that contains the date of hire, if you ask for one that is available to you, but they do not have to pick info from their database and compile that into a list or report and provide it to you.

    1. Sponsored Links
       

Page 1 of 4 1 2 3 ... LastLast

Similar Threads

  1. Lights, Signs and Traffic Controls: Stop Sign Violation - Two Officers Involved
    By gmonte201 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 06-06-2011, 07:41 PM
  2. Police Conduct: Public Records Request Unanswered
    By SNPJR in forum Police Investigations
    Replies: 4
    Last Post: 06-01-2011, 10:50 AM
  3. Discovery: California Public Records Request to Name Police
    By huntsab in forum Civil Procedure
    Replies: 2
    Last Post: 09-19-2010, 09:40 PM
  4. Speeding Tickets: Citation Lists Two Officers' Names
    By Skraalie in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 04-30-2010, 03:58 PM
  5. How to Get Cooperation With a Public Records Request
    By GreenEyedGuru in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 03-15-2010, 06:23 PM
 
 
Sponsored Links

Legal Help, Information and Resources