Tag Archives: LAPD Internal Affairs

In Yet Another Example Of Disdain For The California Constitution, LAPD Internal Affairs Finds “Insufficient Evidence” To Pursue CPRA-Based Complaint Against LAPD Discovery, Leaving ACLU’s April 2017 Lawsuit As Current Best Hope For Reform

Maybe you remember that last October I complained to LAPD Internal Affairs about the fact that the LAPD Discovery Unit, which handles Public Records Act requests, was unbelievably, flamboyantly, egregiously, astonishingly remiss in their legal duty to provide requested records promptly. They routinely take more than 18 months to handle requests if they handle them at all.

The complaint was based on the theory that, since compliance with the Public Records Act is a fundamental constitutional right in California, and since Reverence for the Law is one of the LAPD’s core values, someone in the chain of command ought to be held responsible for LAPD’s flouting of this fundamental constitutional right. Well, a few weeks ago I received a determination letter from Internal Affairs on my complaint. They found sadly, that there was Insufficient Evidence to Adjudicate. So much for that theory!

Of course, the LAPD has a long and ultimately twisted relationship with both the Constitution of the United States and with the Constitution of California, from the depths of unrecorded history to 1923’s Liberty Hill Strike to the Consent Decree imposed by the Justice Department in response to innumerable instances of appalling misconduct to the long list of killings of unarmed people in the first decades of the 21st Century.
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Yet Another Possible Strategy For Forcing The City Of Los Angeles To Comply With CPRA Without Hiring A Lawyer: A Complaint With Internal Affairs Against The Officers In Charge Of The LAPD Discovery Section

Dominic Choi, commanding officer of LAPD's Risk Management Division, which includes the LAPD Discovery Section, which is ultimately responsible for handling CPRA requests.
Dominic Choi, commanding officer of LAPD’s Risk Management Division, which includes the LAPD Discovery Section, which is ultimately responsible for handling CPRA requests.
The City of Los Angeles is notorious for ignoring its duties under the California Public Records Act. Among City agencies, the LAPD is probably the worst at responding to requests in a timely, comprehensive manner. One of the worst aspects of CPRA is that filing a lawsuit1 is the only recourse if an agency refuses to comply. This is the strategy being pursued by the Stop LAPD Spying Coalition.2

So anyway, my own CPRA experiences with LAPD confirm this general impression. For instance, on February 10, 2015, I sent them this:

I’d like to request a list of all active stay-away orders for the Hollywood Entertainment District or maybe you could suggest documents I could request that would allow me to assemble such a list myself? I’m interested in how many there are and what crimes were committed by the people subject to them.

I won’t bother you with a detailed timeline of all my ignored follow-up inquiries and their occasional non-responsive answers to them, but in more than 20 months after my making this request they still had supplied no records in response.3

Well, as you may be aware, I’m presently working through a theory on whether Los Angeles Municipal Ethics laws, specifically LAMC 49.5.5(A), can be used to force the City to comply with CPRA without having to go to court. A description of this project can be found here. Now, LAMC 49.5.5(A) states:

City officials, agency employees, appointees awaiting confirmation by the City Council, and candidates for elected City office shall not misuse or attempt to misuse their positions or prospective positions to create or attempt to create a private advantage or disadvantage, financial or otherwise, for any person.

And the general theory with respect to CPRA is that when a City employee willfully denies someone their rights under CPRA they may well be violating this law, since being denied rights is a disadvantage. You can see a a specific application of this theory here. This law does apply to the LAPD, but my feeling is that the LAPD problem with CPRA compliance is not amenable to an LAMC-49.5.5(A)-based strategy. Read on for details and a potential solution.
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Some Documents from Horlings Lawsuit against Fashion District BID Available, Illuminating Contradictions of Existence of BID Security

The scene of the crime.
The scene of the crime.
Today I have a minor piece of documention, which is the initial complaint and a bunch of miscellaneous paperwork, available here, in a lawsuit known as Horlings v. City of Los Angeles. I won’t summarize the alleged facts of the case, because I find it impossible to do so without seeming to mock the plaintiffs or to condemn some of the defendants, which I really don’t want to do. The suit is based on a horrific experience, and no one deserves to be mocked for their roles in it. In very general terms the Horlings family was the victim of a crime in Santee Alley and they sued, among other parties, the Fashion District BID based on the BID’s representation that their role and mission was to keep their district safe and clean. They also sued the City of LA, Universal Protection Service, and the LAPD.
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