The Fourth Amendment to the United States Constitution - protects against unreasonable searches and seizures. • The Fourteenth Amendment to the United States Constitution - includes the Due Process and Equal Protection Clauses. • The Civil Rights Act of 1871 - this has evolved into a key U.S. law in brutality cases (see: "A guide to civil rights liability under 42 U.S.C. § 1983" for a detailed analysis of the section which is now of central relevance in excessive force lawsuits). • The Federal Tort Claims Act – is key U.S. law in brutality cases (particularly those which hinge upon negligence claims).

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Occupy Cal - 2011!





The foundation of this country's creation is the United States Constitution, which specifically gives every person, regardless of race, creed, color, or ethnic origin, the right to be free from certain governmental behavior. When a government official, acting under color of law, deprives a person of his/her constitutional rights, that may well give rise to legal liability on the part of that individual and potentially his/her government employer. It is imperative, in every situation that possibly involves police (or other governmental) liability, that you immediately consult with an attorney to determine the particular type of notice, if any, that must be given to the government. Frequently a failure to give such notice will bar absolutely any claims under the pertinent tort claims/sovereign immunity act.



The Alameda County Sheriff's Office (ACSO) is a full service law enforcement agency (Sheriff Gregory J. Ahern pictured left). Currently, the office has over 1500 employees, both sworn and professional staff. The ACSO is organized into five divisions. Each division has responsibility for different public protection functions. The ACSO has numerous different work locations spread throughout the county.

Sheriff's Administration Division

ACSO INTERNAL AFFAIRS (510) 208-9800

The Unit is comprised of a Captain, two Sergeants, four Deputy Sheriffs, and one Secretary II. The Captain of IA reports directly to the Sheriff and ensures that the Sheriff is fully briefed on all complaints and investigations. This unit is responsible for initiating, investigating and concluding investigations of alleged personnel misconduct in a timely and expedient manner, based on complaints made internally or externally.

Contact Information:

{Courtesy of #AntiSec} The entire Personnel Index for the Alameda County Sheriff's Department in alphabetic order.

Alameda County Sheriff's Office
1401 Lakeside Drive, 12th Floor
Oakland, CA 94612
Phone: (510) 272-6878

Citizen Complaint Procedure

THE IMPORTANCE OF YOUR COMPLAINT

The complaint process is designed to deal with each case factually and fairly. Citizens who file complaints are treated respectfully and the accusations against the employee are taken seriously. All complaints are investigated thoroughly and all findings are based upon the impartial evidence gained during the investigation.

A disagreement over the validity of a traffic citation is not a complaint. Such disagreements should be directed to the proper court having jurisdiction in the matter. A complaint about jail procedures should be submitted to the jail administration via appropriate channels.

However, if it is determined that a complainant has knowingly made a false accusation against an employee, the employee has the right to seek criminal charges, as well as civil litigation, against their accuser.

For more information regarding the Alameda County Sheriff’s Office citizen complaint process, or to ask about the status of your complaint, please call the Alameda County Sheriff’s Office, Internal Affairs Section, Monday through Friday, between 8 a.m. and 5 p.m., at 208-9800. You may also write to us at:

Alameda County Sheriff’s Office
Internal Affairs Section
1401 Lakeside Drive, 7th Floor
Oakland, California, 94612

PROCEDURE

The Alameda County Sheriff’s Office welcomes valid complaints about its service or personnel. Your constructive comments provide an open channel of communication between the Sheriff’s Office and the community, which enables us to maintain the highest possible standards. Citizen's complaints also provide a basis for a thorough and impartial investigative procedure to protect employees who perform their duties properly.

If your complaint involves a deputy or any other Agency employee, you’ll be asked his/her name, badge number, and car number as appropriate. If you do not have this information, just explain what occurred giving the date, time, and location of the incident.

There are three ways you can submit a complaint to the Alameda County Sheriff’s Office:

Submit your complaint in person at any Sheriff’s duty station within the County.

Telephone the Alameda County Sheriff's Office Internal Affairs office at (510) 208-9800.

Mail a letter describing your complaint to the following location:


Alameda County Sheriff’s Office
Internal Affairs Section
1401 Lakeside Drive, 7th Floor
Oakland, California, 94612

TELEPHONE

Personnel complaints (day) (510) 208-9800
Personnel Complaints (night) (510) 667-7721
Emergency/Hearing Impaired (510) 667-7721

THE INVESTIGATION

Once a complaint is received, it will be screened by the accepting supervisor for accuracy and content. The supervisor may interview you at that time, or schedule another time so a complete report of the incident can be made.

During the interview, the following things may be requested of you:

You may be recorded or videotaped.

You will be asked for names of witnesses and other employees that may know facts about your complaint.

Photographs may be taken of any injuries you think are related to your complaint.

Sometimes during the initial interview, the supervisor may be able to explain the employee’s actions to your satisfaction. However, if this does not occur, the complaint will then be given a case number and assigned to an investigator for a detailed investigation.

When completed, the investigation will be viewed by the Sheriff who will determine the ultimate disposition of the matter.

You will then be sent a letter with one of the following dispositions:

Unfounded
Not Sustained
Sustained-Justified
Sustained

DISPOSITION

Any complaint can be made anonymously, without giving your name; however, you cannot be informed as to the result of your complaint if you choose to remain anonymous. If you make your identity known, you will be advised of the disposition of each complaint.

After a thorough investigation, your complaint will be classified with one of the following dispositions:

Unfounded: The allegation has no basis of fact or has been disproved through the investigation.

Not Sustained: The allegation can neither be proved nor disproved and no further action is to be considered.

Sustained Justified: The alleged act or failure to act is found to be true; however, such act or failure to act is permitted, or at least not prohibited, by this Office or was appropriate under the circumstances in this case.

Sustained: When the investigation discloses that the act reported did occur and constituted misconduct or improper job performance.

PENAL CODE 148.6

Filing false allegation of misconduct against peace officer; Misdemeanor.

(a) Every person who files any allegation of misconduct against any peace officer, knowing the report to be false, is guilty of a misdemeanor.

YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CITIZENS COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. CITIZEN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATED TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS.

IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE, IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE. YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE.

CALIFORNIA CIVIL CODE, Section 47.5 - Defamation Action by Peace Officer.

Notwithstanding Section 47, a peace officer may bring an action for defamation against an individual who has filed a complaint with that officer's employing agency alleging misconduct, criminal conduct, or incompetence, if that complaint is false, the complaint was made with knowledge that it was false and that it was made with spite, hatred or ill will. Knowledge that the complaint was false may be proved by showing that the complainant had no reasonable grounds to believe the statement was true and that the complainant exhibited a reckless disregard for ascertaining the truth.


Remedial Resource Links


Federal

«••» U.S. Department of Justice - Civil Rights Division
«••» Federal Bureau of Investigation - Civil Rights Division

City/State


ALL PERSONS ARE REFERRED TO GOVERNMENT CODE §§ 900-960.8 FOR A DETAILED DESCRIPTION OF THE CLAIMS FILING REQUIREMENTS WHEN PRESENTING A CLAIM OR FILING A LAWSUIT AGAINST A PUBLIC ENTITY OR AN EMPLOYEE OF THE PUBLIC ENTITY. THIS DOCUMENT IS NOT INTENDED TO ACT AS A WAIVER NOR WILL IT STOP THE CITY FROM ASSERTING NONCOMPLIANCE WITH THE TORT CLAIMS ACT (the City wins most of the lawsuits filed against them by asserting (your) noncompliance with the Tort Claims Act).

«••»Filing Claims Against the Gov't Under the California Tort Claims Act.

Pursuant to California Government Code §§ 905 et. seq., commonly referred to as the "Tort Claims Act," a claim must be filed with the city if you are seeking money or damages from the city. The Tort Claims Act establishes the time limits for filing a claim for money or damages (Government Code § 911.2). Generally, a claim relating to death or injury to a person or to personal property should be filed within six (6) months from the date of an occurrence. If the time has expired since the incident occurred, you should file a Late Claim Application using the same claim form but title it as such and explain in detail why the claim is late. The Late Claim Application may be granted or denied. The City will only consider the merits of the claim if the Late Claims Application is granted (Government Code § 911.4).


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Police Beatdowns USA ~ 2014!


United States -- In California, in an incident captured on video, we saw a barefoot woman described as harmless, being subdued and pummelled by a California Highway Patrol officer. In this compilation we look at similar police encounters spanning 2008 through 2014.
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