Tag Archives: Los Angeles Police Protective League

This Morning In The Anti-SB1421 Petition Case Brought By The Los Angeles Police Protective League — Judge James Chalfant Ruled That The ACLU Of Southern California — Representing Valerie Rivera — Could Intervene — And So Can The First Amendment Coalition And Various Newspapers — Although In A More Limited Way — Oh, And The City Of Los Angeles Did Actually File An Opposition To The LAPPL’s Position — So That’s Good

Yesterday the First Amendment Coalition filed a request to be allowed to intervene in the reprehensible petition filed on December 31 by the reprehensible Los Angeles Police Protective League seeking to bar retroactive enforcement of the monumental SB1421, which took effect on January 1 and is meant to require the release of records relating to serious cases of police misconduct.

It turns out that, unknown to me before this morning’s hearing, the ACLU of Southern California also filed a request to be allowed to intervene. They’re representing Valerie Rivera, mother of Eric Rivera, killed by the LAPD in 2017. She requested records relating to the investigation of the officer who killed her son and was denied on the basis of the LAPPL’s restraining order.

And there was a hearing this morning on these requests before James Chalfant, so off I went downtown to the good old Stanley Mosk Courthouse to see and hear what went on. Before the hearing really got going, by the way, it came out that the City of Los Angeles has actually filed an opposition to the LAPPL’s petition, although I don’t yet have a copy. This is news because in other cases like this one the governmental agencies have not all opposed the suits. I also learned that the LAPPL’s lawyer, Richard Levine, is filing scads of these cases, county by county by county. Which is interesting and, I’m sure, worth a lot of money to him.

Anyway, after a lot of discussion Chalfant decided that the ACLU could intervene in the case but that the FAC and its gaggle of newspapers could only intervene in a limited way. This is because he found that Ms. Rivera had a more compelling interest in the outcome than did the media. The FAC and the newspapers are required to file their opposition brief jointly with the ACLU so that Chalfant doesn’t have to read too much stuff,1 and they’re not allowed to seek attorney’s fees from the LAPPL. The ACLU will be allowed to seek fees.

At first Chalfant seemed inclined to postpone the upcoming February 5 hearing,2 but ultimately he did not. And here’s a copy of the minute order detailing what went on. Turn the page for a transcription.
Continue reading This Morning In The Anti-SB1421 Petition Case Brought By The Los Angeles Police Protective League — Judge James Chalfant Ruled That The ACLU Of Southern California — Representing Valerie Rivera — Could Intervene — And So Can The First Amendment Coalition And Various Newspapers — Although In A More Limited Way — Oh, And The City Of Los Angeles Did Actually File An Opposition To The LAPPL’s Position — So That’s Good

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First Amendment Coalition Files Ex Parte Application For Leave To Intervene In Los Angeles Police Protective League Anti-SB1421 Case — Joined By The L.A. Times, The California Newspaper Publishers’ Association, And Many Other Esteemed Journalistic Groups — Hearing On This Application Tomorrow Morning At 8:30 A.M. In Dept. 85 Stanley Mosk Courthouse

Today the First Amendment Coalition and a bunch of newspapers and newspaper-adjacent organizations filed an ex parte application for leave to intervene in the appalling case initiated by the Los Angeles Police Protective League seeking to prevent California’s new police transparency law, SB1421, from applying retroactively to records of police misconduct prior to 2019. This same crapola was already tried elsewhere and decisively shot down by the California Supreme Court, but, for whatever reason, in Los Angeles County the case must go on.

FAC is seeking to intervene in the case, even though they’re not parties to it. This is evidently sometimes allowed, according to the Wiki, when “a judgment in a particular case may affect the rights of nonparties, who ideally should have the right to be heard.” Here’s the pleading filed by the FAC. It’s called an ex parte application because they’re asking the judge to decide whether they should be allowed into the case without requiring the other parties to be present at the hearing, which is tomorrow morning at 8:30 a.m. in Department 85 of the Stanley Mosk Courthouse.

Because they aren’t parties to the case, they have to convince the judge that the interests of justice are served by allowing them to become parties. This argument is a huge part of their filing. They also argue that neither of the actual parties to the case, the PPL and the City, have any interest in ensuring that the public has access to records. In fact, they argue, it’s possible that the City may not file a response to the petition. Also, I guess to save time, they include the briefing that they’re proposing to file if the judge allows them to. It’s a powerful piece of writing, and you can find transcribed selections after the break.
Continue reading First Amendment Coalition Files Ex Parte Application For Leave To Intervene In Los Angeles Police Protective League Anti-SB1421 Case — Joined By The L.A. Times, The California Newspaper Publishers’ Association, And Many Other Esteemed Journalistic Groups — Hearing On This Application Tomorrow Morning At 8:30 A.M. In Dept. 85 Stanley Mosk Courthouse

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On December 31, 2018 The Los Angeles Police Protective League Asked For And Obtained A Court Order Preventing LAPD From Applying SB1421 Retroactively — Thus While The Rest Of The State Has Access To Records Of Police Misconduct Los Angeles Is Left In The Dark — At Least Until The Scheduled February 5, 2019 Hearing — City Of LA Opposition Is Due By January 22 — I Have Copies Of The LAPPL Petition — And Craig Freaking Lally’s Declaration In Support — And All Other Pleadings!

If you’re reading this blog you’re very likely aware that on January 1, 2019 the monumental SB1421 took effect, basically ending exemptions which, until now, have prevented the release of records documenting even the most extreme cases of police misconduct. Police agencies all over the state are freaking out about this, and some even asked the California Supreme Court to declare that the law didn’t reply retroactively. The justices shot down that malarkey last week, and then upped the stakes by asking to be briefed on whether the new law required the release of even more material than had been anticipated.

And thus police departments are beginning to release these records. For instance, there’s this case of an officer in Burlingame who’d been fired for offering to help a drunk driver with her charge in exchange for sex. And this newly released information evidently has the San Mateo County D.A. reconsidering his earlier decision not to criminally charge the officer. Which is how this law is supposed to work. And it seems that that’s how it is working.

Except, it turns out, in the City of Los Angeles. It doesn’t seem to have been widely reported on,1 but it seems that here, the Los Angeles Police Protective League filed an emergency petition on December 31, 2018, asking the Superior Court to stop the LAPD from applying SB1421 retroactively. And shockingly, astoundingly, appallingly, the court agreed and issued an order to that very effect, which is in effect at least until the scheduled hearing on February 5, 2019.2

The LAPPL’s whole argument seems to be that officers have made crucial career decisions relying on the privacy of the records, and that therefore it would be manifestly unfair to publish them now. For instance, according to Craig Lally in a sworn declaration, police officers often agree not to appeal findings of misconduct even though they think they’re innocent just to get things settled quickly and not disrupt operations. But, says Lally, they would never have done this had they known that the records would be published at some point.3

And apparently there’s really nothing to be done about this until the hearing. We are just not going to get these records right away. Oh, except it’s possible to read all the pleadings filed in the case. The City of Los Angeles hasn’t yet responded, but I obtained copies of everything that there is so far and published it here on Archive.Org. It’s upsetting, but it’s better to know. Turn the page for a linked list of everything and a transcription of selections from Lally’s declaration.
Continue reading On December 31, 2018 The Los Angeles Police Protective League Asked For And Obtained A Court Order Preventing LAPD From Applying SB1421 Retroactively — Thus While The Rest Of The State Has Access To Records Of Police Misconduct Los Angeles Is Left In The Dark — At Least Until The Scheduled February 5, 2019 Hearing — City Of LA Opposition Is Due By January 22 — I Have Copies Of The LAPPL Petition — And Craig Freaking Lally’s Declaration In Support — And All Other Pleadings!

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