Request #19-6526
  Closed

Please see attachment.

Dear Sir or Madam

 

Our client Tina Kim, fell on City of Los Angeles property on October 15, 2019 between 8:00 am to 9:00 am at the staircase located on Los Angeles Street. At the time of the accident, an officer called the ambulance and Ms. Kim was rushed to LAC + USC Medical Center. There is an injury report filed by Los Angeles Police Department. The incident report number is 1514.

 

Pursuant to my rights under the California Public Records Act (Government Code Section 6250 et seq.), I ask to obtain a copy of the following, which I understand to be held by your agency

1. Video recording of location of fall at 201 N. Los Angeles Street between 8:00 am to 9:00 am.

2.  Photos of location of fall at 201 N. Los Angeles Street between 8:00 am to 9:00 am.

 

I ask for a determination on this request within 10 days of your receipt of it, and an even
prompter reply if you can make that determination without having to review the recordfs] in
question.

 

If you determine that any or all or the information qualifies for an exemption from disclosure, I ask you to note whether, as is normally the case under the Act, the exemption is discretionaryand if so whether it is necessary in this case to exercise your discretion to withhold the information.

 

If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, I ask that you redact it for the time being and make the rest available as requested. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed.


Received

November 7, 2019 via mail


Departments

Police Department (LAPD)

Documents

Public

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Staff

Point of Contact

LAPD Analyst Thanh N6233

Request Published Public
November 22, 2019, 7:00am
Request Closed   Hide Public

Dear Requester:

 

We reviewed your request November 7, 2019 for a copy of video recording and photos pertaining to incident occurred “on October 15, 2019 between 8:00 am to 9:00 am at the staircase located on Los Angeles Street”.

 

Your request was made under the California Public Records Act (the Act). The Department is cognizant of its responsibilities under the Act. It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government and does not mandate disclosure of all documents within the government’s possession. Rather, by specific exemption and reference to other statutes, the Act recognizes that there are boundaries where the public’s right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1. The law also exempts from disclosure, records that are privileged or confidential, or otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(b); 6254(c); 6254(f); 6254(k); and 6255.

 

In accordance with the California Government Code, Section 6254(f), records of investigations conducted by, or investigatory files compiled by, any local police agency for law enforcement purposes are exempt from disclosure. To the extent that records were located, they are either investigatory records themselves or properly part of an investigative file. Therefore, we are denying your request. The records may be provided pursuant to a subpoena or court order related to pending litigation.

 

If you have any questions, please respond to this email.

 

Respectfully,
LAPD Discovery Section, CPRA Unit

 

November 22, 2019, 6:59am
Department Assignment Public
Police Department (LAPD)
November 7, 2019, 4:47pm
Request Opened Public
Request received via mail
November 7, 2019, 4:47pm