Request #20-2867
  Closed

Hey folks. I see that you still have not released the Critical Video Incidents of 

- March 20th, 2020 (Jose Alberto Corona) - It has been 50 days since this incident. 

- March 8th, 2020 (Dog) - 62 days since this incident. 

 

I was wondering if you could let me know when these will be available. 

 

Thanks.


Received

May 10, 2020 via web


Departments

Police Department (LAPD)

Documents

Public

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Staff

Point of Contact

LAPD Analyst Jackie N3375

Request Closed   Hide Public
 

Dear Requester:

 

I have reviewed your request to the Los Angeles Police Department (“LAPD” or “Department”) under the California Public Records Act (Cal. Govt. Code section 6250, et seq., or the “CPRA” or “Act”) seeking records for two incidents.  The first incident was on March 20, 2020, F009-20 and the second incident was on March 8, 2020, F008-20, pursuant to Penal Code Section 832.7 (as amended by SB1421 effective January 1, 2019).

 

The Department is cognizant of its responsibilities under the CPRA.  It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government.  The Act 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 allows for nondisclosure of records that are otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(a); 6254(b); 6254(c); 6254(f); 6254(k); and 6255.

 

The Department also recognizes that Penal Code Section 832.7 – which generally makes all peace officer personnel records confidential and undisclosable – was amended on January 1, 2019, by Senate Bill 1421 to create an exception from that general confidentiality requirement for the following four categories of officer personnel and investigatory records:  records relating to the report, investigation, or findings of (i) an incident regarding an officer-involved shooting; (ii) an incident involving the use of force by an officer resulting in death or great bodily injury; (iii) an incident involving a sustained finding of sexual assault by an officer involving a member of the public; and (iv) an incident involving a sustained finding of dishonesty by an officer directly related to the reporting, investigation, or prosecution of a crime or of the investigation of misconduct by another officer.  Pen. Code § 832.7(b)(1)(A)-(C).

 

The Department has conducted a search for records responsive to your request and did not locate any records of a type that are disclosable under Penal Code § 832.7(b)(1).  Rather, records responsive to your request remain privileged, confidential, and exempt from disclosure under Government Code Sections 6254(c) and (k), and Penal Code Section 832.7(a).  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(a) 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.  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, I am denying your request for incidents:

 

F009-20, March 20, 2020

F008-20, March 8, 2020. 

 

We invite you to visit our SB1421 web page, where you will find similar requested records related to officer involved shootings, uses of force with great bodily injury, sustained complaints of sexual assault, and sustained complaints of dishonesty published on our web page.  The Department uploads documents on a weekly basis when documents become available.  Please see link below:

 

http://www.lapdonline.org/lapdsb1421

 

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

 

 

Respectfully,

 

 

LAPD, Discovery Section, CPRA Unit

June 4, 2020, 3:13pm
Request Published Public
May 20, 2020, 9:29am
Due Date Changed Public
06/03/2020 (was 05/20/2020).
May 20, 2020, 9:29am
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Dear Requester:

 

I have reviewed your California Public Records Act request. 

 

Please be advised that, pursuant to California Government Code Section 6253(c), I have found that “unusual circumstances” exist with respect to the request due to the need to search for, collect, and review the requested records from other Department entities which are separate from the office processing the request.  Therefore, my staff will require the statutory fourteen days extension of time in which to respond.  A determination concerning your request will be made as soon as possible.

 

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

 

Respectfully,

LAPD Discovery Section CPRA Unit

May 20, 2020, 9:29am by LAPD Analyst Jackie N3375 (Staff)
Department Assignment Public
Police Department (LAPD)
May 10, 2020, 9:44am
Request Opened Public
Request received via web
May 10, 2020, 9:44am