Request #18-3391

 
Open

 

December, 3, 2018

 

Captain Sands

LAPD Southwest Division

1546 W Martin Luther King Jr. Blvd.

Los Angeles, CA, 90062

Dear Captain Sands:


Under the California Public Records Act § 6250 et seq., I am requesting an opportunity to inspect or obtain copies of the followings.

All files pertaining all information/records related to CF # 17-002716 from LAPD.

All files pertaining all information/records related to CF # 17-002716 from Internal Affairs Group.

All files pertaining all information/records related to CF # 17-002716  from Investigation Sergeant K. Moffatt Serial Number 25812 LAPD, Operations South Bureau Complaint Unit.

 
If there are any fees for searching or copying these records, please inform me if the cost will exceed $20.  However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding and transparency of LAPD complaints process. This information is not being sought for commercial purposes.

The California Public Records Act requires a response within ten business days.  If access to the records I am requesting will take longer, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.


Thank you for considering my request.


Sincerely,

 

 

Los Angeles, CA 90016

 

 


Received

December 3, 2018 via web


Departments

Police Department (LAPD)

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Staff

Point of Contact

LAPD Analyst Jackie N3375

Request Reopened Public
December 6, 2018, 1:00pm
Request Closed   Hide Public

Dear Requester: 

 

We have reviewed your request for copies of the Los Angeles Police Department’s records of complaint investigations against Sergean K. Moffatt Serial Number 25812. 

 

A personnel complaint is contained in or is a part of the personnel files of a peace officer, thus, these records are exempt from disclosure pursuant to Sections 6254(c) and (k) of the Act.  Section 6254(c) exempts from disclosure “personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.”  Section 6254(k), exempts records which are exempt from disclosure under federal or state law, including, but not limited to provisions of the Penal Code.  Penal Code Section 832.7 states that peace officer personnel records and information contained within them are privileged and confidential and cannot be disclosed except through discovery pursuant to Sections 1043 and 1045 of the Evidence Code.  [See Penal Code Sections 832.5 and 832.7 and Evidence Code Sections 1043 and 1045]. California case law holds that Evidence Code Section 1043 et seq. is the exclusive means to obtain peace officer personnel records, and as such, they are exempt from the disclosure provisions of the Act.  [See City of Hemet v. Superior Court (1995) 37 Cal. App. 4th 1411].Therefore, We are denying your request.

 

If you have any questions or concerns regarding this correspondence, simply respond to this email.

 

Respectfully,

LAPD Discovery Section, CPRA Unit

December 5, 2018, 1:35pm
Request Published Public
December 5, 2018, 1:35pm
Department Assignment Public
Police Department (LAPD)
December 3, 2018, 8:46pm
Request Opened Public
Request received via web
December 3, 2018, 8:46pm