Police Brutality Remedies

PUBLICATION ADVISORY: Police Discipline!

2011-06-15T11:30:00.000-07:00

«• May 3, 2009 — The mother of a teen who died after being shocked by police with a stun gun has settled her wrongful death lawsuit with the city of Jerseyville, Illinois. Rita Cummings confirmed Sunday that the recent settlement over the death of her only son, Roger Holyfield, involved a payment. She declined to specify the amount or terms. Jerseyville police have said Holyfield was shocked twice with a stun gun in 2006 after officers approached him and he turned combative. A probe found the officers were not criminally responsible for the death.

• Monday, March 2, 2009; 5:04 PM: Jury awards $3 million in Texas stun gun death. -- A jury in Texas has awarded $3 million to the mother of a mentally ill man who died after he was shocked 18 times with a stun gun and hogtied during an arrest.

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3 Worst Cases of Police Abuse in 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.}

PUBLICATION ADVISORY

June 15, 2011

WASHINGTON, D.C. - The Department of Justice's National Institute of Justice (NIJ) today published the ninth publication from the Executive Session on Policing and Public Safety, a roundtable managed by Harvard Kennedy School's Program in Criminal Justice Policy and Management and funded by NIJ. The Executive Session on Policing and Public Safety brought together police chiefs, union leaders, academics and criminal justice policy leaders from across the country for seven meetings over three years to find solutions to today's most pressing law enforcement issues.

Police Discipline: A Case for Change was written by Darrel Stephens, a member of the Harvard Executive Session and Executive Director of the Major Cities Chiefs Association.

He examines the challenges of managing disciplinary procedures in law enforcement agencies and the difficulties of reforming officer behavior. The disciplinary process is an ongoing source of conflict and tension for the law enforcement community. The process can be ineffective because punitive measures may do little to change behavior, and appeals processes can sometimes take an excessively long time to complete.

Stephens suggests the best option for reforming disciplinary policies and practices is an environment that uses formal disciplinary procedures as the last and least frequently used option. He suggests intervention at the lowest level possible, fair and consistent application of discipline, a focus on activity that changes behavior, timely action on disciplinary cases, and transparent policies and procedures. The paper also examines alternative disciplinary approaches undertaken by police departments around the country, such as the Charlotte-Mecklenburg Police Department's philosophy of consistency and fairness in discipline, and the Los Angeles County Sheriff's Department's "Education-Based" approach.

TITLE: Police Discipline: A Case for Change, part of the Executive Session on Policing and Public Safety series published by NIJ.

AUTHOR: Darrel Stephens

WHERE: National Criminal Justice Reference Service, NCJ234052

www.hks.harvard.edu/criminaljustice/executive_sessions/policing.htm

The Office of Justice Programs (OJP), headed by Assistant Attorney General Laurie O. Robinson, provides federal leadership in developing the nation's capacity to prevent and control crime, administer justice, and assist victims. OJP has seven bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; the Community Capacity Development Office, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). More information about OJP and its components can be found at http://www.ojp.gov .

SOURCE U.S. Department of Justice - Office of Justice Programs

DisclaimerThe information contained in this web site is provided as a service to the Internet community, and does not constitute legal advice. Every effort is made to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites and we make no claim that any of the free forms contained in this web site are appropriate for your particular needs.As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.By using content and information from this website you agree to the following:1) You will not rely on any information contained in this web site without personally consulting an attorney.2) You agree that the free forms contained in this web site may not be appropriate for your particular needs and are offered for informational purposes only.3) No attorney/client relationship is created between you, Blogger, or blog designers of the website, or by your viewing or use of any information or form contained in this web site.

Mehserle Released!

June 13, 2011

Oakland, California - BART Police Officer Johannes Mehserle was found guilty of involuntary manslaughter in July for killing Oscar Grant III, 22, on the Fruitvale BART station platform early Jan. 1, 2009.

Several months after his conviction, Mehserle was given what Grant's family argued was a lenient punishment, when Perry sentenced the 28-year-old to a two-year prison term. Because of credits for time served, Mehserle served just 11 months in LA County Jail.

BART Police Officer Johannes Mehserle Shot & Killed Unarmed Oscar Grant

January 1, 2009

The criminal case filed by the Alameda County District Attorney against Mehserle is certainly over. The 29-year-old former officer was released from the Los Angeles Men’s Central Jail early this morning after serving 11 months of his two-year sentence for involuntary manslaughter.

The only other remaining piece of the legal puzzle is a potential civil rights case against Mehserle or BART — the U.S. Department of Justice has not yet indicated if it will pursue one. Protesters gathered yesterday in front of the federal courthouse in downtown Los Angeles to urge a federal indictment for Mehserle. Sunday afternoon saw another protest here in Oakland, which has been the epicenter for activism around Grant’s death and the scene of several civil disturbances over the past two years.

Black Citizen’s Guide To Police Confrontation!

2010-06-26T17:00:00.000-07:00

«•June 27, 2010•»

Howard County, Maryland -The Howard County Police Department is facing a $50 million lawsuit filed last week by a man who said police beat him up for no reason. Melvin Yates is suing the government of Howard County, Police Chief William McMahon, and three officers for $50 million. In his federal lawsuit, the 23-year-old is accusing the officers of beating him until he became semiconscious at his father’s memorial party last April. According to Yates, on April 10 police were called to the memorial party that Yates was holding for his father, who died in a motorcycle crash last year, because a fight broke out. Yates claims he was not involved in the disagreement and that he actually tried to leave the party because he was upset that his guests were disrespecting his father’s memory with their dispute. It was then that a police officer stopped him from leaving, several cops surrounded him, and he was told that he was going to jail.

In his Howard County police brutality complaint, Yates contends that he cooperated with the police officers, who handcuffed him, but that a number of police officers started shoving him against a vehicle, using objects to hit him on the head, and kicking and punching him. The 23-year-old’s allegations are contrary to police claims that he resisted arrest and pushed and grabbed the officers. Their charging documents maintain that they followed police procedure. Yates’s Maryland injury lawyer says that her client sustained a concussion, bruises, a chipped tooth, a black eye, and cuts during the alleged police beating and that there are more than 10 witnesses who will support his claims. Yates’s sister reportedly captured a portion of the alleged police brutality incident on her phone’s camera. Yates says he has tried to press assault charges against the police officers but he has been told that he lacks “probable cause.” His federal lawsuit accuses Howard County’s police department of civil rights violations, battery, false imprisonment, inadequate hiring practices, and poor training.

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Maryland's Brutal Cops!

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The Police!

June 27, 2010

Police brutality has plagued our community ever since anyone with a gun or a Billy club has ever been allowed to use physical force against another person under the guise of “to protect and serve.” There are many hardworking, good policeman, who have dedicated their lives (and often sacrificed them) to keep law and order in our communities. The job is impossible to understand or sympathize with if you’ve never done it, and is largely under-paid and under-appreciated. However, this does not excuse the decades-long reality that African-Americans have suffered under the hands of the police in ways that are racist and unfair, and our poor relationship with the police, if not improved, will continue to impede our progress both as a community and as a people. To that, with much thanks given to the work of the ACLU (see their phenomenal “Bust Card”) , here is our BLACK CITIZEN’S GUIDE TO POLICE CONFRONTATION. (Perhaps those young women in Seattle, if they followed these steps would have avoided such an ugly outcome.) Always remember: if you are BLACK, the POLICE ARE NOT [T]HERE TO ASSIST YOU; BUT TO KILL AND/OR INCARCERATE YOU, ESPECIALLY IF YOU ARE A MALE WITH BLACK SKIN. The story below is but an illustration of the brutality Black men are subjected to by police officers, regardless of whether they are wanted criminal suspects, or law-abiding citizens.

Houston PD

June 30, 2010

There are new details on the alleged beating of 16-year-old, Chad Holley, a burglary suspect. In total, 12 Houston police officers have been disciplined. Seven of the 12 have been fired from the police department and five were suspended. Also, four officers were arrested and charged with misdemeanors. Court papers reveal what role each officer played in the alleged beating that was caught on surveillance tape from a nearby storage business. According to a probable cause report, Officer Raad Hasaan, who has been charged with official oppression and violation of civil rights of a person in custody, allegedly kicked Holley with his foot. Likewise, a probable cause report states Officer Philip Bryan, who has also been charged with official oppression and violation of civil rights of a person in custody, allegedly kicked Holley with his foot and hit him with his hand. A probable cause report for Officer Drew Ryser, who has been charged with official oppression, allegedly kneed Holley. Additionally, a probable cause report on the fourth officer arrested and charged, Andrew Blomberg, who has been charged with official oppression and violation of civil rights of a person in custody, allegedly struck Holley with his foot. Each of the officers turned themselves in overnight and were released on bond.

THE 15 STEPS!

1. Think carefully about your words, movement, body language, and emotions.
2. Don’t get into an argument with the police.
3. Ask for a lawyer immediately upon your arrest.
4. Exercise YOUR RIGHT TO REMAIN SILENT: (Give only your name, date of birth, address [if necessary, but not required], social security number and NOTHING ELSE! YOU DO NOT HAVE TO GIVE THE POLICE ANY INFORMATION WHAT-SO-EVER [Unless you're SNITCHING]!)
5. Do not make any statements regarding the incident.
6. Remember, anything you say or do can [and will be] be used against you.
7. Keep your hands where the police can see them.
8. Don’t complain on the scene or tell the police they’re wrong or that you’re going to file a complaint.
9. Don’t run. Don’t touch any police officer.
10. Don’t resist even if you believe you are innocent.
11. Remember officers’ badge & patrol car numbers.
12. Write down everything you remember ASAP.
13. Try to find witnesses and their names and phone numbers.
14. If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first.
15. If you feel your rights have been violated, file a written complaint with police department’s internal affairs division or civilian board, or call the ACLU hotline, 1-877-634-5454.

What you say to the police is always important. What you say can [and will] be used against you, and it can give the police an excuse to arrest you, especially if you bad-mouth a police officer. You must show your driver’s license and registration when stopped in a car. Otherwise, you don’t have to answer any questions if you are detained or arrested, with one important exception. The police may ask for your name if you have been properly detained, and you can be arrested in some states for refusing to give it. If you reasonably fear that your name is incriminating, you can claim the right to remain silent, which may be a defense in case you are arrested anyway. You don’t have to consent to any search of yourself, your car or your house. If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT. Do not interfere with, or obstruct the police – you can be arrested for it.

IF YOU ARE STOPPED FOR QUESTIONING

It’s not a crime to refuse to answer questions, but refusing to answer might make the police suspicious about you. If you are asked to identify yourself, see paragraph 2 above. Police may “pat-down” your clothing if they suspect a concealed weapon. Don’t physically resist, but make it clear that you don’t consent to any further search. Ask if you are under arrest. If you are, you have a right to know why. Don’t bad-mouth the police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.

IF YOU’RE STOPPED IN YOUR CAR

Upon request, show them your driver’s license, registration, and proof of insurance. In certain cases, your car can be searched without a warrant as long as the police have probable cause. To protect yourself later, you should make it clear that you do not consent to a search. It is not lawful for police to arrest you simply for refusing to consent to a search. If you’re given a ticket, you should sign it; otherwise you can be arrested. You can always fight the case in court later. If you’re suspected of drunk driving (DWI) and refuse to take a blood, urine or breath test, your driver’s license may be suspended.

IF YOU’RE ARRESTED OR TAKEN TO A POLICE STATION

You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Don’t give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best. Ask to see a lawyer immediately. If you can’t pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Don’t say anything without a lawyer. Within a reasonable time after your arrest, or booking, you have the right to make a local phone call: to a lawyer, bail bondsman, a relative or any other person. The police may not listen to the call to the lawyer. Sometimes you can be released without bail, or have bail lowered. Have your lawyer ask the judge about this possibility. You must be taken before the judge on the next court day after arrest. Do not make any decisions in your case until you have talked with a lawyer.

IN YOUR HOME

If the police knock and ask to enter your home, you don’t have to admit them unless they have a warrant signed by a judge. However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant. If you are arrested, the police can search you and the area close by. If you are in a building, “close by” usually means just the room you are in.

ARREST THE RACISM. Tell us about your race — or ethnic — based traffic or pedestrian stop. Call 1-877-634-5454 or go to aclu.org/profiling

See Related Blogs

«*» Police Cover-Ups: Lying is the Norm!
«*»

Remedial Resource Links

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

Filing a Civil Rights Complaint

The Office for Civil Rights (OCR) investigates complaints from members of the public who believe that an agency that receives funding from the Justice Department has discriminated against them, either in employment or in the delivery of services or benefits.

More specifically, the OCR has jurisdiction to investigate agencies that receive funding from the Office of Community Oriented Policing Services (COPS Office), the Office on Violence Against Women (OVW), and the Office of Justice Programs and its components. The OCR can investigate not only recipients that receive funding directly from the Justice Department, but it can also investigate agencies that receive Justice Department funding from state and local government agencies.

Federal laws prohibit recipients of Justice Department funding from discriminating against individuals or groups, either in employment or in the delivery of services or benefits, on the basis of race, color, national origin, religion, sex, or disability. In addition, federal law prohibits recipients of Justice Department funding from discriminating on the basis of age in the delivery of services or benefits.

To file a civil rights complaint, download and complete the Complaint Verification Form (CVF) and the Identity Release Statement (IRS) and return both forms to the OCR at the following address:

Office for Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 7th Street, NW
Washington, DC 20531

If you believe that you have been the target of discrimination, you should file a complaint with the OCR as soon as possible. In most circumstances, you may have no longer than one year from the date of the discriminatory incident to file a complaint.

If You Have a Complaint

To File a Complaint about:

«*» An institution -- complaints about institutions such as jails, prisons, juvenile facilities, developmental disability/mental retardation facilities, mental health facilities or nursing homes.
«*» A law enforcement agency -- complaints about law enforcement agencies, such as police or sheriff's departments.
«*» Access Act violations -- interference with access to reproductive health clinics or places of religious worship.

Complaints about Institutions

What you should know before filing a complaint about an Institution:

1. The Special Litigation Section can only investigate institutions run by, or on behalf of, state and local governments. This means that the Section cannot investigate federal institutions (such as federal prisons, INS detention centers, or Veterans Administration Hospitals) or institutions that are strictly private facilities (such as private nursing homes). Complaints regarding federal institutions may be directed elsewhere. There are often state or local government agencies that have jurisdiction to investigate complaints regarding private facilities.

2. The Section cannot represent individuals in court or in any other proceeding (including parole board hearing, lawsuits, or criminal trials).

3. The Section's work is directed at obtaining broad reform of conditions in institutions. We do not have authority to remedy problems for particular individuals or seek money on behalf of individuals.

4. The Special Litigation Section does not bring criminal cases against those who violate the civil rights of residents. Criminal complaints can be made to the Criminal Section of the Civil Rights Division.

5. The Section is authorized to take action only if there is a pattern or practice of illegal conduct. While we do collect information about specific incidents in order to determine whether there may be a pattern or practice that warrants investigation, we do not have authority to investigate or remedy individual complaints about a particular incident.

Even if your complaint falls outside the authority of the Special Litigation Section, there may be other agencies that could help you. A partial list of other federal agencies that respond to similar complaints is listed below.

Complaints about Law Enforcement Agencies

What you should know before filing a complaint about a Law Enforcement Agency:

1.The Section has authority to investigate only state and local law enforcement agencies. This means that the Section cannot investigate federal law enforcement agencies (such as the Federal Bureau of Investigations or Drug Enforcement Administration). Complaints regarding federal law enforcement agencies may be directed elsewhere.

2.The Special Litigation Section does not bring criminal cases against those who violate the civil rights of citizens. Criminal complaints can be made to the Criminal Section of the Civil Rights Division.

3.The Section is authorized to take action only if there is a pattern or practice of illegal conduct. While we do collect information about specific incidents in order to determine whether there may be a pattern or practice that warrants investigation, we do not have authority to investigate or remedy individual complaints about a particular incident.

4.Even if your complaint falls outside the authority of the Special Litigation Section, there may be other agencies that could help you. A partial list of other federal agencies that respond to similar complaints is listed below.

How to File a Complaint:

The most effective means of filing a complaint is to write a letter to the Section explaining the situation about which you are complaining, with as much detail as possible. If you are aware of similar incidents involving others, please include that information as well. Please include information on how to contact you if we need further information (such as an address and telephone number). Also, do not include original documents as we cannot guarantee their safe return. Address all complaints to:

Special Litigation Section
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Special Litigation Section
Washington, D.C. 20530

The Section can also be reached by telephone (202-514-6255 or toll-free at 877-218-5228) or fax (202-514-0212 or 202-514-6273).

Answers to other frequently asked questions about the complaint process can be found on our Frequently Asked Questions page.

Other Agencies:

Federal Law Enforcement Agencies:

Civil Rights Division's Coordination and Review Section -- complaints about federal law enforcement officers (FBI, DEA, Customs Service, Border Patrol, etc.) can be made to the Coordination and Review Section and will be forwarded to the appropriate federal agency for review.

Federal Bureau of Investigation -- complaints regarding criminal violations of individuals' federal civil rights.

Civil Rights Division's Criminal Section -- complaints regarding criminal violations of individuals' federal civil rights.

Individual Complaints:

Civil Rights Division's Coordination and Review Section -- individual complaints alleging discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from the Department of Justice.

Americans with Disabilities Act Home Page -- individual complaints alleging discrimination on the basis of disability.

Federal Bureau of Investigation -- complaints regarding criminal violations of individuals' federal civil rights.

Civil Rights Division's Criminal Section -- complaints regarding criminal violations of individuals' federal civil rights.

Other:

Civil Rights Division's Employment Litigation Section -- complaints about discriminatory employment practices by state or local law enforcement agencies.

Disclaimer

The information contained in this web site is provided as a service to the Internet community, and does not constitute legal advice. Every effort is made to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites and we make no claim that any of the free forms contained in this web site are appropriate for your particular needs.

As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

By using content and information from this website you agree to the following:

1) You will not rely on any information contained in this web site without personally consulting an attorney.

2) You agree that the free forms contained in this web site may not be appropriate for your particular needs and are offered for informational purposes only.

3) No attorney/client relationship is created between you, Blogger, or blog designers of the website, or by your viewing or use of any information or form contained in this web site.

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How to File a Complaint against Memphis Police!

2010-04-11T13:22:00.000-07:00

«•April 11, 2010•»

Compton, CA - An on-duty county police officer allegedly pulled over a woman on the freeway in Westchester and sexually molested her, prompting a call Friday for more victims that might be out there to come forward. Michael Dee Clark, 48, of Compton, an Office of Public Safety officer, was arrested Thursday in connection with the April 1 assault on the San Diego Freeway at La Tijera Boulevard, California Highway Patrol said. "She was stopped by this officer, contacted and subsequently sexually assaulted," CHP Lt. Steve Strull said. "Her breasts were fondled, her groin area was fondled and she was kissed." CHP officers pulled up behind the 8 p.m. traffic stop to make sure the officer was safe, and was told by Clark that everything was fine. The woman, who is undocumented, did not call police. Instead, she contacted reporters at Spanish-language television KMEX to report what happened.

Portland, Oregon -- After the recent uprisings in Portland in response to two police murders, a call has gone out for "West Coast Days of Action April 8th and 9th, [2010] From the Bay to the Sound: No More Police Killings!" The call to action reads in part: "Organize protests and autonomous actions in your own city! ... The only times the police have ever been held responsible for their murders is when we take to the streets and halt business as usual. Following the law, being peaceful, being quiet, has never discouraged police violence, because it is the function of the police to use violence against the exploited, against the oppressed, against those who fight back." Announced actions include non-violent civil disobedience at Embarcadero BART station in San Francisco on April 8th and an Anti-Police General Assembly in Portland and a march against police brutality in Seattle on April 9th.

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On Trial!

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Memphis Police Department

April 19, 2010^Update!

A mistrial has been declared in the case of a former Memphis Police officer charged with violating the civil rights of transgender woman Duanna Johnson. The jury of five men and seven women in the Bridges McRae (pictured left) case began deliberating last Wednesday, but were unable to reach a verdict by Monday. Following the Allen Charge, the judge in the case is encouraging jurors to reconsider until they reach a unamimous verdict. In February 2008, McRae and former officer James Swain were caught on video brutally beating Johnson in the lobby of the Shelby County Correction Center. The 18-minute video has no audio, but Johnson claimed McRae assaulted her after she refused to respond to homophobic slurs of "he/she" and "faggot."

April 11, 2010

A former Memphis police officer is defending himself against federal charges he violated a transgender woman's civil rights. The incident was caught on tape (see above) back in 2008 inside the Shelby County Jail.

Former officer Bridges McRae is accused of beating Duana Johnson as Johnson was being booked on drugs and prostitution charges. McRae's trial is underway in federal court.

FAST FACTS:

Former officer on trial for violating civil rights of transgender woman;

Charges stem from jail altercation in February 2008; and

Prosecution witnesses say officer was aggressor not inmate.

Jurors have to decide if Johnson was involved in a fight or was beaten and whether Johnson's civil rights were violated. The video released by the Shelby County Sheriff's Office shows the altercation between Johnson and officer Bridges McRae. There is no audio but in court jurors heard play by play what happened from a deputy jailer who was there. The jailer said after the altercation, Johnson was bleeding from the forehead. She demonstrated how McRae used handcuffs as a weapon to hit Johnson in the face. The jailer said Johnson wasn't cooperating with the officer and was refusing to be finger printed because McRae would not call her by the female name, Duana. She said Duana waved her arms but did not strike back.

Hearing the testimony was too much for Johnson's mother, Hazel Skinner, "I hope justice will be prevailed because that was uncalled for. You don't treat a human being like that not because he didn't stand up and answer to a name that's not his name."

McRae has said he was merely defending himself against the 6'5" 350 lb Johnson.

McRae said Johnson was fighting him.

However, the deputy jailer along with another inmate and a fellow Memphis police officer testified Johnson was fending off blows from McRae and was not fighting him.

"I'm here to support my child. Yes, alive or dead. I'm here. I'm his mother. So, I'm going to be here until justice is done," said Skinner.

The trial will continue next week when the former officer will give jurors his side of the story.

If convicted, McRae faces up to 10 years in federal prison.

See Related Blogs

«*» Police Cover-Ups: Lying is the Norm!
«*»

Remedial Resource Links

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

If You Have a Complaint

Complaints about Institutions

Complaints about Law Enforcement Agencies

Other Agencies:

See Related Blogs

1. Landlord-Tenant Law
2. Corrupt Justice Officials
3. Lawsuits
4. Real Estate Law
5. Bankruptcy Law
6. Re-Zoo-May (Resume/Employment)
7. Family Law (Divorce, Custody Child Support)

How to file a Complaint against San Jose Police!

2009-10-29T20:56:00.000-07:00

«•October 29, 2009•»

SAN BERNARDINO -- Police are investigating a video which shows an officer repeatedly striking a motorist with a baton while another officer tries to hold the suspect down. 43-year old Darren Johnson was pulled over for traffic code violations at about 10:30 p.m. Monday in the 200 block of West Highland Ave, according to San Bernardino Police Lt. Dan Keil. Officers say Johnson became increasingly agitated and aggressive and struck one of the officers. Johnson was booked into West Valley Detention Center in Rancho Cucamonga on suspicion of possession of cocaine, transportation of cocaine and assault on a peace officer, Keil said.

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No Charges!

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San Jose Police

March 3, 2010

SAN JOSE, Calif. -- Prosecutors said they won't be filing any criminal charges against four San Jose police (Chief Ron Davis, pictured left) officers over a videotaped beating of an unarmed college student. After a four-month investigation that documented 13 separate baton strikes and two Taser stuns, the Santa Clara County District Attorney's Office announced Wednesday that it will not indict any of the officers involved in the controversial videotaped beating of a San Jose State University student. The officers, who remain on administrative leave, are still subject to an internal investigation by the police department. Ho is also contemplating a civil lawsuit.

The media first reported the existence of the cell phone videotape of the beating in October, igniting community protests and helping to spur a series of examinations of the use of force by members of the department.

Santa Clara County District Attorney Dolores Carr (pictured left) said Wednesday there's insufficient evidence to prosecute the officers. The probe stemmed from the Sept. 3, 2009 arrest of a Vietnamese student at San Jose State University named Phuong Ho during a disturbance call. A video recording captured by Ho's roommate shows officers striking Ho with a baton and shocking him with a Taser. An attorney for one of the officers has said Ho was being combative and noncompliant. District Attorney Dolores Carr said that she believes a jury would conclude the force was reasonable under the circumstances. Her decision came one week after her office announced all charges were being dropped against 21-year-old Phuong Ho, who had been cited for resisting arrest and brandishing a deadly weapon. The case has sparked outrage among residents questioning police tactics, especially when arresting minorities.

The Beating!

The Incident: On September 3, 2009, following a verbal argument with his roommate, Ho was in his dorm room and did not have a weapon when officers Siegel and Steven Payne Jr. arrived. As Ho tried to follow Siegel into his bedroom, Ho was knocked to the ground in the hallway when he disobeyed the police order not to follow them, their reports show. Then, another roommate began taking a cell phone video of the incident, as Siegel repeatedly struck Ho with a baton, and Payne shocked him with a Taser. Ho cried out for his eyeglasses. Two other officers were on the scene, but reportedly did not use force. The roommate later sold the video to Ho's lawyers. The media posted the video on its site after showing it to police commanders, who immediately launched a criminal investigation. All four officers were placed on administrative leave at the time.

Carr, who is running for re-election, recently received the endorsement of the San Jose police officers' union. "The baton was used in attempt to get Mr. Ho's compliance and not as an indiscriminate assault," said Carr. While the district attorney's official conclusion was that there was not enough evidence to charge the case, Carr went beyond that conclusion in the news conference and the report, supporting the officers' use of force. The attorney who represents Kenneth Siegel, the officer who the video showed repeatedly striking Ho with his baton, said her client is "relieved and he feels vindicated. He has waited a long time for this decision and can't wait to get back to work.

Some law enforcement experts who viewed the video said the officers' force appeared excessive. These include David A. Dusenbury, a retired deputy police chief from Long Beach who was one of the three experts consulted for the report. He concluded after reviewing the prosecutor's evidence that the officers used excessive and illegal force against a subject whose "resistance" seemed to be primarily looking for his eyeglasses. Dusenbury reported that Ho was "beaten into submission by Officer Siegel. Such use of a baton is contrary to law." He also concluded that officer Steven Payne Jr. should not have used his Taser.

October 29, 2009

SAN JOSE, Calif. -- The San Jose Police Department is conducting a criminal investigation into the alleged videotaped beating of an unarmed university student by two police officers during an arrest last month, a spokesman for the department said. The incident allegedly occurred on September 3, 2009 and became public when a cellphone video showing an officer apparently using a baton on a Vietnamese university student was posted on a newspaper website.

Two officers, Kenneth Siegel and Steven Payne Jr., are seen on the video, police said. Two other officers were also at the scene. All four are on administrative leave.

A grainy Video shot with a cell phone by Dimitri Masouris and posted on the News website shows at least one police officer subduing the student with a baton. The San Jose State student can be heard screaming on the recording. Police had been called to a home Sept. 3 after a report that the student, Phuong Ho, was fighting with his roommate, police said. The video has prompted officials in San Jose, California, to open an investigation into the beating of 20-year-old Phuong Ho. The video shows the unarmed San Jose State student being beaten in his apartment with batons and being tasered by police officers. The math major is thought to have been hit by one officer more than 10 times. The video also seems to show that the young man was struck even after being handcuffed.

According to the News, "Several experts in police force said the video appears to document excessive — and possibly illegal — force by the officers."

The department is conducting a "thorough investigation" that will be turned over to the Santa Clara County district attorney's office for review, Sgt. Ronnie Lopez said. Lopez said the department launched the investigation immediately after learning about the incident late last week. Investigators are interviewing witnesses and reviewing the posted cellphone video, along with other video. "Our investigators are reviewing this entire case from beginning to end," he said. "They want to make sure that the force used was necessary."

After the criminal inquiry is completed, Lopez said, the department's internal affairs unit will also conduct an administrative investigation to determine whether there was any wrongdoing. In addition to possible criminal charges, the officers could face discipline ranging from a formal letter of reprimand to termination. Lopez said the department also plans to review whether additional training is needed.

Ho, 20, was charged with brandishing a knife and resisting arrest, Lopez said. Ho's attorney said that his client didn't resist arrest and had brought out the knife to prepare dinner after the altercation with the roommate had ended.

Nguyen said the fight, which escalated from verbal to physical, had ended by the time the police arrived. "There is nothing to justify the use of force," Nguyen said. "We hear all the screaming and the sounds of the baton -- 'tut-tut-tut' -- against human flesh. It was very brutal." Nguyen said he planned to file a lawsuit against the city.

In a telephone interview, Ho, who arrived from Vietnam two years ago to study math and finance, said one officer pushed him against the wall of his room and hit him with his hand. Then, he said, as many as four officers began hitting him with a baton and one used the Taser on him. One baton strike, he said, occurred after he was handcuffed. Ho said he hadn't understood what the police officers wanted him to do, in part because English is his second language.

"I don't think they treated me like human," he said. "I think things need to change so this police brutality doesn't happen to other people."

See Related Blogs

«*» Police Cover-Ups: Lying is the Norm!
«*» Filing Claims Against the Government Under the California Tort Claims Act.

Remedial Resource Links

«*» U.S. Department of Justice - Civil Rights Division
«*» Federal Bureau of Investigation - Civil Rights Division
«*» Filing a Claim Against the City of San Jose: The Tort Claims Act establishes the time limits for filing a claim for money or damages (See Government Code Section 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 occurrence.

If You Have a Complaint

Complaints about Institutions

Complaints about Law Enforcement Agencies

Other Agencies:

Filing A Complaint Against NYPD!!!

2009-07-27T16:13:00.000-07:00

«•July 28, 2009•»

LOS ANGELES -- Autopsy photos show a 16-year-old boy killed by a Los Angeles County sheriff's deputy was shot in the back. Avery Cody Jr. was killed as he ran from a deputy in Compton on July 5, 2009.

«•July 18, 2008•»

QUEENS—A New York City police detective and a woman who claims to be his wife have pleaded guilty to attempted kidnapping in connection with the prostitution of a 13-year-old Brooklyn runaway earlier this year.

Wayne Taylor, 35, of Queens, a member of the NYPD for approximately 14 years, and Zelika Brown, 29, of 173-37 Vaswani Ave. in Queens, pleaded guilty to second-degree attempted kidnapping today before Queens Criminal Court Judge Pauline Mullings in satisfaction of the charges pending against them. They each face a determinate sentence of three and one half years in prison when they are sentenced on Aug. 4.

“These guilty pleas bring to resolution a nightmarish case in which a New York City Police detective – who is sworn to serve and protect the community – was instead accused of helping to prostitute a troubled young child who had run away from home”, Queens district attorney Richard Brown said. “The guilty pleas will save the victim from having to testify and recount the horrific situation that she endured.”

Additionally, Taylor resigned from the police department immediately before pleading guilty. Brown said that, according to the charges, the 13-year-old victim ran away from home earlier this year and met an individual who offered to get her into the business of dancing for money at parties. Thereafter, the girl was introduced to Brown and Taylor.

The District Attorney said that it was further charged that Taylor instructed the victim to tell people she was 19-years-old and if asked about her prices, to say that oral sex would cost $40 and that the fee for sexual intercourse was $80. The two defendants allegedly also brought the victim to several parties throughout the City between Jan.10 and Jan. 27 and made her perform sexual acts with approximately 20 men who had paid the defendants money to have sex with her.

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New York's Finest!

Video air date: January 21, 2010

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.

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NYPD

Raymond W. Kelly,

City of New York

Police Commissioner

Raymond W. Kelly is the appointed Police Commissioner of the City of New York. He was appointed by Mayor Michael R. Bloomberg in 2002. Commissioner Kelly is the first person to hold the post for for two separate tenures. Commissioner Kelly has spent 31 years in the New York City Police Department, serving in 25 different commands and as Police Commissioner from 1992-1994.

According to the New York City Civilian Complaint Review Board, police brutality against hispanic and black men by NYPD officers has worsened under Police Commissioner Raymond Kelly.

A naked, emotionally disturbed man fell to his death yesterday in Brooklyn after police fired a Taser at him, the New York Post reports. The man, 35-year-old Iman Morales, had been ranting on a second-story fire escape. His mother begged police not to hurt him, saying he was sick, but when Morales began waving a fluorescent light tube, officers got the order to stun him. (New York Post Sep 25, 08 11:30 AM CDT.) Last week's Tasering of an emotionally disturbed man that led to his death was a "mistake" by New York police officers, commissioner Raymond Kelly admitted yesterday. Two cops involved in the incident have been put on desk duty, and the entire 440-member Emergency Service squad will undergo a retraining session on tactics for dealing with the mentally ill, the Daily News reports. (New York Daily News Sep 30, 08 2:13 PM CDT.)

We have designed this website in an effort to better inform the public.

What is a Stop, Question and Frisk encounter?

When a police officer reasonably suspects that a person has committed, is committing or is about to commit a felony or a Penal Law misdemeanor, the officer is authorized by NYS Criminal Procedure law 140.50 to stop, question and possibly frisk that individual. This frequently asked question is also available in the following languages: Spanish, Russian, Korean, Italian, French Creole and Chinese. Click a language below.

«••» ¿Que es un encuentro de Parar, Preguntar y Requisar? (Spanish)
«••» Что означает быть остановленным, опрошенным, и обысканным? (Russian)
«••» 정지, 질문 및 신체 수색권이란? (Korean)
«••» Che cos’e’ un fermo, una domanda e una perquisizione? (Italian)
«••» Kisa yo rele yon rankont Kanpe, Kesyone ak Fouye? (French Creole)
«••» 拦停、询问和拍搜什么是？ (Chinese)

New York City
Comission to Combat
Police corruption

The Commission does not, absent extraordinary circumstances, handle investigations itself. Complaints received by the Commission to Combat Police Corruption are, when appropriate, forwarded to the NYPD's Internal Affairs Bureau for review and investigation. In some instances, the Commission monitors complaints that have been forwarded to the Internal Affairs Bureau.

If you have a complaint concerning police corruption, if possible you should include the following information in your communication:

«••» The date, time, and exact location of the incident;
«••» The officer's name, badge number, or physical description; and
«••» Your day and evening telephone numbers so that you can be contacted at a later time.

You may contact the New York City Comission to Combat Police corruption by calling (212) 487-7350 during regular business hours or you may write to us at:

New York City Commission to Combat Police Corruption
17 Battery Place, Suite 327
New York, NY 10004

To make a complaint directly to the NYPD's Internal Affairs Bureau's 24-hour Complaint Center, please call NYPD - Internal Affairs at (212) 741-8401 (24 hours, 7 days/week)

If your complaint involves physical force, abuse of authority, discourtesy, or offensive language by a member of the NYPD, you may wish to contact the New York City Civilian Complaint Review Board's complaint hotline at (800) 341-CCRB; or (800-341-2272).

How to File a Complaint

The New York City Civilian Complaint Review Board (CCRB) is an independent and non-police mayoral agency. It is empowered to receive, investigate, hear, make findings and recommend action on complaints against New York City police officers which allege the use of excessive or unnecessary force, abuse of authority, discourtesy, or the use of offensive language. Investigations are conducted in an impartial fashion by the board's investigative staff, which is composed entirely of civilian employees. Complaints may be made by any person whether or not that person is a victim of, or witness to, an incident. Dispositions by the board on complaints are forwarded to the police commissioner. As determined by the board, dispositions may be accompanied by recommendations regarding disciplinary measures.

Who Can File a Complaint

«••» Anyone who has knowledge of police misconduct can file a complaint with the CCRB.

«••» You can file a complaint regardless of your age.

«••» You do not need to speak English; the CCRB is equipped to accept complaints in any language.

«••» You can file a complaint if you are currently incarcerated.

You should come forward with your complaint as soon as possible. Officers who are subjects of substantiated CCRB investigations must be disciplined or served with disciplinary charges within 18 months of the date of the incident. The only exception to the statute of limitations occurs when the alleged misconduct committed by the officer constitutes a crime.

There are several ways to file a complaint with the New York City Civilian Complaint Review Board. Please choose the method that is most convenient for you.

You can:

Call the New York City CCRB Hotline 24 hours a day, 7 days a week:

«••» Dial: 311; and/or
«••» (outside NYC Dial: 1-(212)-639-9675 - 1-(212)-New-York); and
«••» TTY/TDD Dial: 1-(212)-504-4115).

FILE IN PERSON at 40 Rector Street, 2nd Floor, Manhattan, Monday - Friday, 8:00am - 6:00pm.

In New York By Subway:

R or W to Rector
4 or 5 to Wall St.
2 or 3 to Wall St.
1 to Rector St.
J, M or Z to Broad St.
A or C to Fulton St./ Broadway-Nassau.

FILE ONLINE

«••» Using our online complaint form.

WRITE A LETTER

«••» New York City Civilian Complaint Review Board
40 Rector Street, 2nd Floor
New York, NY 10006

SEND

«••» Self-mailer Complaint Form (available by calling the CCRB)
«••» Dial: 311; and/or
«••» (outside NYC Dial: 1-(212)-639-9675 - 1-(212)-New-York); and
«••» TTY/TDD Dial: 1-(212)-504-4115).

VISIT

«••» Any NYPD precinct to file a complaint (not wise).

Claims Against the CITY of New York

CLAIMS AGAINST THE CITY OF NEW YORK MUST BE FILED WITHIN 90 DAYS FROM THE DATE OF THE INCIDENT AT THE NEW YORK CITY COMPTROLLER’S OFFICE, 1 CENTRE STREET, ROOM 1225, NEW YORK CITY, NEW YORK, 10007. COMPLETE ALL THE QUESTIONS ON BOTH SIDES OF THESE CLAIM FORM(S) WHICH APPLY TO YOUR CLAIM.

«••» Personal Injury Claim Form
«••» Property Damage Claim Form
«••» Auto Damage Claim Form

Claims Against the STATE of New York

The Court of Claims has no jurisdiction over lawsuits involving county, town, city or village governments, agencies or employees. These governmental entities are all distinct from the State, and litigation against them is governed by the provisions of the General Municipal Law.

The Court of Claims has jurisdiction over the State of New York as well as certain authorities that are sued under their own name. The court does not have jurisdiction over any individuals, including State employees, although claims may be maintained against the State based on allegedly wrongful conduct of employees for which the State is responsible under the legal principle of respondeat superior. Generally, State agencies do not have a legal existence separate from that of the State, and thus where a claim is based on alleged improper conduct of, for example, the Department of Transportation or the Department of Correctional Services, the named defendant should be "The State of New York."

The law and rules governing practice in the Court of Claims is set forth in the Court of Claims Act, the Uniform Rules for the Court of Claims (22 NYCRR Part 206) and in the decisions of the Court of Claims and of appellate courts interpreting these statutes and rules.

City of New York was not prejudiced by plaintiff's delay in filing notice of claim concerning actions of police called to the scene of an assault, which allegedly resulted in a man's death, when the city knew all of the essential facts of the incident. Denial of motion to serve a late notice of claim, therefore, was an abuse of discretion. Schiffman v. City of New York, 797 N.Y.S.2d 450 (A.D. 1st Dept. 2005). [N/R]

Remedial Resource Links

«••» New York City Commission to Combat Police Corruption
«••» New York City Civilian Complaint Review Board
«••» U.S. Department of Justice - Civil Rights Division
«••» Federal Bureau of Investigation - Civil Rights Division

El Monte, California Police

2009-05-18T09:15:00.000-07:00

«•March 6, 2010•»

EL MONTE - A jury has found in favor of El Monte and its Police Department after an officer claimed he was passed over for promotions because he reported alleged misconduct. El Monte police Officer George Fierro claimed in a lawsuit filed in May 2008 that he was denied promotions and job assignments because he spoke up about other officers' unethical behavior. A year later, as television news helicopters videotaped, the department veteran of more than 15 years kicked El Monte Flores gang member Richard Rodriguez in the head as he lay on the ground following a car chase. On Feb. 26, 2010, a Pomona Superior Court jury disagreed with Fierro's retaliation claims, and Superior Court Judge Dan Thomas Oki ratified the verdict on Monday, according to officials and court documents. El Monte Police Chief Tom Armstrong said he was pleased at the verdict. "We as a city and as a police department always felt that we had not retaliated against (Fierro) in any way, shape or form," Armstrong said. "There was sound reasoning for the decisions we made. Unfortunately, (Fierro) felt otherwise."

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“Cambridge police acted stupidly in arresting somebody when there was already proof he was in own home.”

--President Barack Obama on the arrest of Harvard Professor, Dr. Henry Louis "Skip" Gates in his own home by Cambridge Police - July 2009.

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El Monte Police Brutality

Update

March 6, 2010

The chief said he has no animosity toward Officer Fierro, who continues to be employed as a patrol officer in El Monte.

"He followed his rights," Armstrong said. "I'm just disappointed he so misinterpreted the facts that he thought (a lawsuit) was necessary."

Fierro came under investigation after a news helicopter recorded him kicking Rodriguez in the head on May 13 as he lay prone in a Pico Rivera back yard following the police chase.

Rodriguez was sentenced to two years in prison for the pursuit, as well as two more years for previous charges.

He has filed a claim against the city for $5 million in damages related to the incident.

The Los Angeles County District Attorney's Office determined late last year that charges would not be sought against Fierro for what officials called a "distraction blow" to allow them to safely take Rodriguez into custody.

An internal El Monte Police Department investigation into whether the incident was within department policy remains ongoing, and the FBI is also looking into the matter.

Following the pursuit incident, it was learned that Fierro owned a business called Torcido Clothing, which sells gang-related apparel.

Update

June 28, 2009

EL MONTE, CA – The Federal Bureau of Investigation beg[a]n an investigation June 28, 2009 into whether the El Monte Police Department violated the civil rights of a high-speed chase suspect who was kicked in the face after his surrender, authorities said. FBI spokeswoman Laura Eimiller said the findings would be sent to the civil rights division of the U.S. Department of Justice to determine if further investigation is needed or prosecution warranted. Richard Rodriguez, a 23-year-old gang member, led police on a high-speed chase last month on freeways and city streets that ended when he lost control of his car and crashed into a sport utility vehicle in Pico Rivera.

News helicopters airing the chase showed Rodriguez bolting from the wreck and running into a backyard, where he was cornered by El Monte police officers. It was there, seconds after he threw himself on the ground with his arms and legs outstretched, that El Monte Police Officer George Fierro kicked Rodriguez in the face. While Rodriguez was being handcuffed, a second officer struck him with a flashlight. Rodriguez was booked on suspicion of felony evasion and a possible parole violation, authorities said. He is being held in L.A. County jail in lieu of $135,000 bail.

May 18, 2009

EL MONTE, CA – An El Monte police officer was legally justified in kicking a car chase suspect in the head as he was lying on the ground at the end of a televised high-speed pursuit because it was a “distraction blow,” a police union attorney said Friday. Dieter Dammier, attorney for the El Monte Police Officers Assn., said the officer acted within his training and department policy when he delivered the kick.

Video of Head Kick!

Samuel Walker, a criminology professor at the University of Nebraska, called the kick to the head “unprovoked and unnecessary. . . . It’s one of the worst incidents of this kind that I’ve seen.”

May 16, 2009

El Monte Assistant Chief Steve Schuster said the investigation was sparked by phone calls by people who saw the kick in live footage taken from above in by helicopter. The suspect appeared to have surrendered and was lying face down on the ground when he was kicked. "From our perspective [we] hate to comment until we have more facts. What's in the mind of the officer may not be what's in the mind of the viewer," Schuster said Wednesday. "As soon as we feel we can make a statement based on facts, we'll do that." The driver of the car was identified as Richard Rodriguez, 23, of El Monte, Calif. He was booked on charges of felony evading, parole violation, obstruction and or delaying a police officer in the performance of his duties and gang enhancement. Rodriguez, a known gang member, was taken to a county jail.

The suspects were allegedly throwing gang signs during the chase, El Monte Lt. Chuck Carlson told FOXNews.com.

He didn't release the name of the officers involved or the two other suspects in custody.(We will when we find out what his name is. We'll try to include his photo as well.) El Monte police Chief Tom Armstrong (pictured left) said he had not yet seen the video and could not comment. (Everyone else has viewed the footage, except the Chief.) "Before coming to any conclusion, I want to look at all the facts," Armstrong said. "I don't know what was in the mind of the officer."

The chase started at about 1:30 p.m., when El Monte police tried to stop Rodriguez for a traffic violation, state Highway Patrol Officer Jose Nunez told MyFOXLA.com. There were two other men in the car. The three fled the scene, sending police on a winding chase on freeways and surface streets that ended with a collision in Pico Rivera, MyFOXLA.com reported. One suspect jumped out of the car and surrendered to police when the car was forced to stop in traffic. Rodriguez sped away, and objects were thrown from the car, according to MyFOXLA.com. Rodriguez hit an SUV after exiting a freeway, where police apprehended one suspect.

A foot pursuit followed the high-speed car chase that lasted more than 30 minutes and saw the suspect lead a chaotic drive through El Monte, Whittier and other parts of eastern Los Angeles County. The suspect who was kicked had fled on foot behind a nearby apartment complex. It is unclear if that suspect is Rodriguez. Two of the suspects were taken to Greater El Monte Community Hospital. No one was seriously injured, Carlson said.

Sandi Gibbons, a spokeswoman at the Los Angeles County district attorney's office, had not seen the video and did not know if her office would conduct an independent review. (Again, everyone else has viewed the footage, except the Chief and the D.A.)

Officer Identified

The police officer who sources inside City Hall say kicked a gang member in the head after a long car chase Wednesday also owns a clothing company that glorifies gang and prison life.

Selling clothes about gang or prison life is "completely inconsistent" with behavior expected from officers, said Jay Wachtel, a Cal State Fullerton ethics instructor in the criminal justice program.

"I can't possibly imagine a law enforcement officer selling clothes that glorify gang activity," he said.

"Officers are supposed to be the example for citizens to follow," Wachtel said. "Officers are expected to behave off duty in a way that brings credit on their departments."

In addition, court records show the officer, George Fierro, has filed a lawsuit against the El Monte Police Department alleging he has been passed over for promotions because he reported suspected criminal behavior by fellow officers.

Fierro has been on the force for 15 years, and on May 18, 2008 he filed a civil complaint against the police department and its leadership.

In the complaint, Fierro alleges he suffered reprisals because he reported unethical behavior of fellow officers.

Fierro was "passed over for virtually every promotion or permanent specialized assignments," according to the complaint.

In 1999, Fierro reported that an El Monte police officer discharged her gun outside a pub in Diamond Bar, according to the suit. The officer was sentenced to probation and was no longer allowed to carry a gun.

In the complaint Fierro alleges his superior, Lt. George Hopkins, wanted to "ring plaintiff's neck" for reporting his fellow officer, according to the suit.

Fierro applied for eight jobs during the next three years, but he did not get any of them, according to the complaint.

Then in 2003, Fierro reported that a detective forced a man to consent to a search under threat of arrest, according to the suit.

He applied for several more promotions, but he did not get any of them, according to the suit.

He is seeking damages, back pay for the positions he did not get, attorney fees and litigation fees. The case is scheduled to go to trial on Sept. 8 in Pomona Superior Court.

A news video shows the officer, identified as Fierro, kick El Monte Flores gang member Richard Rodriguez, 23, in the in head after a half-hour chase. Rodriguez was subsequently arrested for parole violations and evading arrest. He is being held without bail at Men's Central Jail, according to county records. Fierro did not return messages left at two telephone numbers Thursday.

El Monte Councilwoman Emily Ishigaki declined to discuss the incident, but said Thursday Fierro has been a good officer. "He is well experienced, and he is very talented," she said.

Remedial Resource Links

«••» Contact El Monte Police
«••» City of El Monte Government Claim (for damages) Form
«••» U.S. Department of Justice - Civil Rights Division
«••» Federal Bureau of Investigation - Civil Rights Division

Taser Deaths by the Police

2009-02-17T08:32:00.000-08:00

«•May 3, 2009•»

The mother of a teen who died after being shocked by police with a stun gun has settled her wrongful death lawsuit with the city of Jerseyville, Illinois. Rita Cummings confirmed Sunday that the recent settlement over the death of her only son, Roger Holyfield, involved a payment. She declined to specify the amount or terms. Jerseyville police have said Holyfield was shocked twice with a stun gun in 2006 after officers approached him and he turned combative. A probe found the officers were not criminally responsible for the death. • Monday, March 2, 2009; 5:04 PM: Jury awards $3 million in Texas stun gun death. -- A jury in Texas has awarded $3 million to the mother of a mentally ill man who died after he was shocked 18 times with a stun gun and hogtied during an arrest.

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Old Age Taze!

September 2, 2010

A 64 year old man is repeatedly tazed by Marin County, CA sheriff deputy after they enter his home without a warrant. His crime? Having called 911 to request medical help.

T.a.s.e.r.!

Monday, March 15, 2010 ^Updated!

Taser is an acronym, named for a fictional weapon: Thomas A. Swift's Electric Rifle. Taser is a registered tradename. It has prompted a backformed verb "to tase" which means "to use a Taser on", although "to taser" is also commonly used.

Tasers, which jolt suspects with 50,000 volts of electricity, are responsible for the deaths of 85 people across the country, according to the Southern Christian Leadership Conference, an Atlanta-based civil rights group. Police in many communities use them, saying they work as both a physical and psychological deterrent to violence and that they have had no problems with the guns. Taser International Inc., which makes the stun guns, has said they are among the safest ways to subdue a violent person.

A Taser is an electroshock weapon that uses electrical current to disrupt voluntary control of muscles. Its manufacturer, Taser International, calls the effects "neuromuscular incapacitation" and device's mechanism "Electro-Muscular Disruption (EMD) technology". Someone struck by a Taser experiences stimulation of his or her sensory nerves and motor nerves resulting in strong involuntary muscle contractions. Tasers do not rely on pain compliance, and are thus preferred by some law enforcement over non-Taser stun guns and other electronic control weapons. Currently there are two main police models, the M26 and X26. Both come with various accessories, including a laser sight and mounted digital video camera that can record in low-light situations. Taser International is also marketing a civilian model called the C2.

Police: Evidence shows 3 La Marque officers followed rules in arrest!

Oct. 14, 2009, 5:32PM

GALVESTON — There is no criminal responsibility for three La Marque officers involved in the arrest of a man who died in May after being shocked with a Taser, a Galveston County grand jury decided on Wednesday. The grand jury heard six days of testimony before reaching its decision in the May 17 death of Jamaal Ray Valentine, 27, of Texas City, Galveston County District Attorney Kurt Sistrunk said. Interim Police Chief Kirk Jackson said the evidence presented to the grand jury confirmed the proper conduct of officers Richard Garcia and Forest Gandy and Sgt. Michael Kelemen. “I saw what happened and there was no question in my mind,” Jackson said. Valentine was injured during his arrest after police were asked to make a welfare check. He was charged with resisting arrest, attempting to take a weapon from a peace officer and assault on a police officer. Sistrunk said Valentine died of heart failure while being taken by ambulance to Mainland Medical Center.

Internal affairs investigating Calif. police use of stun gun twice on unarmed, legless man!

Calif. cops use stun gun twice on unarmed amputee

September 21, 2009

MERCED, Calif. — A California man whose legs are amputated says police used a stun gun on him twice and violently manhandled him even though he was unarmed. Internal affairs investigators say they’re looking into the complaint by 40-year-old Gregory Williams, who was arrested Sept. 11 on suspicion of domestic violence and resisting arrest. Williams and witnesses say officers tasered the wheelchair-bound man twice, then left him handcuffed with his pants down on the sidewalk in broad daylight. Williams spent six days in jail before prosecutors said they lacked evidence to charge him. Merced officers said in a police report that Williams was uncooperative and refused to give his 2-year-old daughter to Child Protective Services. The police department has declined further comment, pending the internal investigation.

Michigan Teen Dies After Tasered by Cops

Sunday, March 22, 2009

BAY CITY, Michigan — Police in Michigan say a 15-year-old boy has died after being Tasered by officers who were trying to break up a fight. A Bay City police news release says officers answered a report of an early morning fight on Sunday. The statement says two males were arguing in an apartment, and one of them "attempted to fight the officers." Police say officers Tasered him, and his reaction led them to immediately call for emergency medical help. He was pronounced dead at Bay Regional Medical Center. Deputy Chief Thomas Pletzke tells WNEM-TV police placed one officer on administrative leave.

Mom tazed!

Police Taser Man on the Ground

"There are a lot of things to be concerned about, including the disruption of pacemakers or proper training for police officers." According to the analysis of the first 900 police Taser incidents by the Houston Chronicle, no crime was being committed and no person was charged in 350 of those cases. In addition, it has been reported that the Houston Police Department has "shot, wounded, and killed as many people as before the widespread use of the stun guns" and has used Tasers in situations that would not warrant lethal or violent force, such as "traffic stops, disturbance and nuisance complaints, and reports of suspicious people."

Use in schools and on children

Police officers that patrol schools, including grade schools, in several U.S. states (including Kansas, Minnesota, Kentucky, Virginia and Florida), currently carry tasers. In 2004, the parents of a 6-year old boy in Miami sued the police department for tasering their child. The police said the boy was threatening to injure his own leg with a shard of glass, and claimed that using the taser was the only option to stop the boy from injuring himself. Taser International asserts that the taser is safe for use on anyone weighing 60 pounds (27 kg) or more. Nevertheless, the boy's mother told CNN that the three officers involved might have found it easier to reason with her child. Two weeks later, a 12-year-old girl skipping school was tasered in Miami-Dade. In March 2008, an 11-year old girl was shocked by taser.

Alternative to "Lethal Force"

Although Tasers were originally proposed as alternatives to lethal force, they have entered routine use as a way to incapacitate suspects or as a "pain compliance" method at times when the use of firearms would not be justifiable. The American Civil Liberties Union alleges that, since 1999, at least 148 people have died in the United States and Canada after being shocked with Tasers by police officers.

Sudden deaths among people being held by police in California increased sixfold in the first year after police departments there began using Taser stun guns, according to a survey by the University of California, San Francisco. The finding appears to back Amnesty International's view that Tasers are a threat to life.

Saturday, February 14, 2009

Los Angeles, CA — A man running naked in the street died after he was shocked with a stun gun by Los Angeles County sheriff's deputies. Deputies answering a disturbance call in suburban Lakewood at about 10:15 p.m. [February 14, 2009] saw a man running naked in the street and acting irate, Deputy Keith Ho said. They tried to calm the man but he remained belligerent. When he advanced toward the deputies, Ho said they hit him with pepper spray and a taser electric stun gun. Ho said after the man was handcuffed, deputies realized he wasn't breathing. They began CPR and paramedics were called but the man was pronounced dead at a hospital. His identity hasn't been released, and the death is under investigation.

Wednesday, February 11, 2009

San Jose, CA - A man in his 20s died [February 11, 2009] Wednesday night after being Tased by San Jose police officers who were attempting to take him into custody, according to Officer Enrique Garcia, a department spokesman.

As officers tried to arrest the man, who was in the backyard of a home in the 2200 block of Amador Drive in East San Jose, he "resisted and got into a violent struggle with our officers," Garcia said. Police did not immediately say why the man was in the backyard or if he lived at the residence. The man's identity was not immediately released. Garcia said it is unclear if both officers used their Tasers and he did not know how many times the man was shocked with the stun gun. The two officers involved are being interviewed by investigators this morning, Garcia said.

Just before 10:30 p.m. on Wednesday night, the two officers were near Story Road and Adrian Way when they were sent to a home in the 2200 block of Amador Drive. The officers entered the backyard and contacted the man. Police have not revealed why the man was being arrested. After being Tased, the man went into medical distress, Garcia said. Officers performed CPR but the man died at the scene, Garcia said. The officers were treated at a local hospital for injuries incurred in the struggle; one suffered facial lacerations and the other had a leg injury, Garcia said.

• In 2004, the San Jose Police Department armed every officer with stun guns, devices capable of temporarily disabling suspects by sending 50,000-volt jolts through their body, as an alternative to deadly force. The move came after San Jose police shot and killed a Vietnamese woman whose vegetable peeler they had mistaken for a large knife.

• In four San Jose incidents where suspects died after being Tased, family members filed lawsuits over the deaths. In December, San Jose officials agreed to pay $70,000to the wife and child of a man who died in 2005 after being Tased by police, marking the city's first settlement over a fatality linked to the stun guns.

• In mid-December, a San Jose man with psychiatric problems died outside of Valley Medical Center when a Campbell cop fired his Taser while he was helping Santa Clara County Sheriff's deputies control the situation.

• According to a report by the American Civil Liberties Union of Northern California, five people, six counting Lua, have died after being shocked with Tasers by the SJPD since 2004.

The San Jose Police Department Homicide Unit is investigating Wednesday night's death, Garcia said. The Santa Clara County Medical Examiner's Office will conduct an autopsy to determine the cause of death.

January 2008

WINNFIELD, Louisiana -- A police officer shocked a handcuffed Baron "Scooter" Pikes nine times with a Taser after arresting him on a cocaine charge. He stopped twitching after seven, according to a coroner's report. Soon afterward, Pikes was dead. Dr. Randolph Williams, the Winn Parish coroner, told CNN the 21-year-old sawmill worker was jolted so many times by the 50,000-volt Taser that he might have been dead before the last two shocks were delivered.

Winnfield Police Officer Scott Nugent delivered the lethal taser shocks to Mr. Pikes. Nugent's lawyer, Phillip Terrell, said his client followed proper procedure to subdue a man who outweighed him by 100 pounds. But Williams said Pikes was already handcuffed and on the ground when first hit with the Taser, after the 247-pound suspect was slow to follow police orders to get up. Nugent is white; Pikes was black.

More Taser Deaths

• In June 2008, a federal jury ordered Taser International to pay the family of Robert Heston, Jr., $6 million in punitive and compensatory damages for the 2005 death of the man who died a day after being shocked repeatedly by officers using Tasers. According to a press report, the jury "said Taser had failed to warn police in Salinas, California, that prolonged exposure to electric shock from the device could cause a risk of cardiac arrest."

• On May 28, 2008, 44-year-old Ricardo Abrahams was hit at least three times with Tasers. Woodland [CA] Police said the law student, who suffered mental disturbances, refused to follow their orders and became aggressive.

• Willie Maye, 43, was tasered by Birmingham, Alabama Police June 5 [,2008] and later died. Birmingham Police Chief A.C. Roper said he was sympathetic toward the family's loss. But he said his department stresses respectful treatment of all people.

• Quincy DeShawn Smith, a former radio DJ, died around 12:45 a.m. Dec. 9 [2008] after a confrontation with officers who had been called to the 1000 block of Knox Avenue N., after he fought with police and was shot with a Taser.

• Jersey County Illinois, December 2007. A young teenage boy was having an emotional crisis, an adult friend of the family who was at the scene, asked the officers if he could intervene and was ordered away by the police, who then "tasered" the youth to death.

• Sammy Baker - Quitman, Georgia - Oct. 1, 2007. Veteran Sammy Baker, 59, was Tased by an officer outside a convenience store in Quitman, Georgia, causing him to fall to the ground. The fall caused Baker to dislocate and fracture his spinal cord and ended in his death.

• Jarrel Gray - Frederick, Maryland - Nov. 18, 2007. Police responded to a fight between four people in an apartment complex in Frederick, Maryland. Gray, 20, was Tased and fell unconscious. He was taken to the hospital were he was pronounced dead.

• Christian Allen - Jacksonville, Florida - Nov. 18, 2007. Allen was pulled over by police for playing music too loud in his truck. Allen reportedly shoved an officer before he and his passenger ran away. He was Tased after a struggle with the officers. He went into cardiac arrest and died.

• Jesse Saenz - Albuquerque, New Mexico - Nov. 18, 2007. Police say 20-year-old Jesse Saenz struggled with officers and that they had no choice but to Tase him. They say they Tased him only once. However, a witness says there was no struggle and that the police Tased Saenz for about five minutes. Saenz was transported to the county detention center where he died.

• In 2005, Deputies in Toledo, Ohio suspended their use of stun guns after the death of a suspect who had been shocked nine times.

• In 2005, a 54-year-old man died in Chicago after a stun gun was used on him, and a teenager was seriously injured in a separate incident.

• As of October 2008, more than 290 people have died since June 2001 after being struck by police Tasers, according to the human rights group Amnesty International.

How to File a Complaint against New Orleans PD

2009-02-10T16:54:00.001-08:00

«• August 3, 2009•»

New Orleans -- The FBI is looking into at least three cases involving New Orleans police officers.

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Warren J. Riley,

City of New Orleans,

Supt. of Police

Every law enforcement officer or other government official, whether federal, state, county, city, municipal, or otherwise, takes an oath of office and promises to serve and to protect. Unfortunately, over the years we have witnessed such abominations as the Rodney King beating, a graphically disturbing atrocity caught on videotape, or the Nathaniel Jones beating in Cincinnati. We read or hear stories about Amidou Diallo, an unarmed man, being shot forty-one times by the NYPD. We find it incomprehensible that Abner Louima, an immigrant from Haiti, was assaulted by police officers outside a Haitian nightclub in Brooklyn; handcuffed and thrown into a squad car, then beaten with radios and fists. At the police station, the officers pulled Louima's pants down, took him into the bathroom, and sodomized the cuffed man with the wooden handle of a toilet plunger.

Under the Fourteenth Amendment, we all have the right not to be deprived of life, liberty, or property without due process of law. The Fifth Amendment affords similar rights. Under the Fourth Amendment, we each have the right to be secure in our persons, houses, papers, and effects, against unreasonable searches and seizures. Under the Eighth Amendment, and even if a person is a convicted incarcerated prisoner, he/she has the right to be free from cruel and unusual punishment.

New Orleans Police Department

There is no denying the New Orleans Police department’s atrocious history. In the 1990s, a group of officers was arrested for operating a drug-dealing ring within the department. An N.O.P.D. officer hired a hit man to kill a woman who had reported police brutality. The transcript of the cop ordering the execution (on-duty in his patrol car), recorded by an FBI wiretap, is lodged in the collective memory of the city. In order to adequately protect your rights as a citizen of New Orleans, it is essential that the public has the means and access to remedies to abate police brutality by NOPD. The NOPD is required by law to provide the means to file complaints against rogue and abusive officers. NOPD must investigate and adjudicate complaints made against its officers by members of the community which it serves. Complaints must be thoroughly and impartially investigated and adjudicated.

Citizen Complaint Procedure Public Integrity Bureau

Citizen Complaint Procedure

Filing a Complaint

CALL: (504)658-6800

WRITE: Commander, Public Integrity Bureau 118 North Rocheblave St., New Orleans, LA. 70119

VISIT: P.I.B. Office, 118 North Rocheblave St., New Orleans, LA 70119

Office hours are 9:00 AM to 4:30 PM, Monday through Friday. After business hours, weekends and holidays call the Public Integrity Bureau at (504)658-6800. If you have an emergency after hours, call (504)821-2222 and request to speak to a ranking New Orleans Police Officer.

There are other avenues through which citizens may file complaints against employees of the NOPD. If you choose to avail yourself of one or more of the following, we ask that you also send a copy of your complaint to the Public Integrity Bureau.

Office of Municipal Investigations (504)658-8850
District Attorney's Office (504)822-2414
Federal Bureau of Investigations (504)522-4671
U.S. Department of Justice (504)680-3000

The Complaint Process

An investigation will be conducted in all citizen complaints involving employees of the NOPD. Upon receiving your complaint, the Public Integrity Bureau will review, classify, and process the complaint. An investigator may contact you and obtain a tape recorded statement of your complaint. The investigator will ask you to provide as much detailed information as possible regarding the incident. If you were involved in, or witnessed the incident, this information will be extremely important to the investigation.

The investigator will contact all available witnesses, including police officers, examine all relavent evidence, and gather all information pertinent to each allegation. If for any reason there is a lengthy delay in the investigation you will be notified as to when you can expect to receive the results. After all allegations have been fully investigated, the Superintendent of Police will determine what action, if any, should be taken to resolve the complaint.

The Findings

UNFOUNDED: The allegation is false or not factual.

EXONERATED: The incident occurred but the accused employee's actions were lawful and proper.

NOT SUSTAINED: There is insufficient evidence to either prove or disprove the allegations.

SUSTAINED: The allegation is supported by sufficient evidence.

OTHER SUSTAINED MISCONDUCT: Supported allegations not included in the original complaint.

In all cases you will be notified in writing of the findings of the investigation. When a finding of "SUSTAINED" is determined the Superintendent of Police will determine what sanctions are appropriate. These sanctions range from oral or written reprimand, suspension, fine, or demotion, to dismissal from the Department.

If your complaint contains allegations of criminal wrongdoing, a criminal investigation, in addition to the administrative investigation, may be conducted. If the Criminal Investigation supports the allegations of criminal activity, the Office of the District Attorney will be consulted regarding the filing of criminal charges and the arrest of the offending employee.

Public Integrity Bureau - Complaint/Commendation Form

You are encouraged to print the following form and use it to submit any complaint you may wish to have the Public Integrity Bureau investigate. The form must be filled out completely and accurately. Your confidentiality will be respected, and P.I.B. will contact you should additional questions arise and/or to inform you of the results of the investigation.

1. ANY PERSON HAS A RIGHT TO FILE A COMPLAINT AGAINST ANY POLICE EMPLOYEE, WITHOUT FEAR OF RETALIATION, EVEN IF THAT PERSON HAS A PENDING CRIMINAL CHARCE.

2. THIS COMPLAINT FORM CAN BE PRINTED OR REPRODUCED. UPON COMPLETION YOU MAY TAKE IT TO ANY POLICE STATION OR MAIL IT TO: COMMANDER, PUBLIC INTEGRITY BUREAU, 118 N. ROCHEBLAVE ST., NEW ORLEANS, LA 70119.

Print Form

TO: PUBLIC INTEGRITY BUREAU

SUBJECT: ALLEGED OR OBSERVED PERSONNEL MISCONDUCT

DATE: ________________

Complainant Name: __________________________________________

Social Security Number: ______________________________________

Race: ____________
Sex: __________
Date of Birth: _______________

Address: __________________________________________________
City: __________________
State: _________________
Zip: ________

Phone Numbers:

Home: ____________
Work: ____________

Location of Incident:

Date and Time of Incident:

Description of Officer(s) or Employee(s): (examples: Name, Race, Sex, Badge#, Car#)

Witness Information: (Name, Address, and Telephone Numbers)

Incident:

Please use additional sheets of paper as necessary to provide complete information.

The City Attorney's Office
Penya M. Moses-Fields, City Attorney
Phone: (504) 658-9800
E-mail: pmfields@cityofno.com

If you are experiencing difficulty with a City department please notify the head of that department immediately. If you are filing a complaint against the City, please notify the City Attorney's Office.

Public Records Review

If you would like to review public records recorded by the City of New Orleans, please provide the Law Department with a written request which includes the name of the document(s) you wish to review, and the Department or Agency, if known, that has the documents, your name, address, and other contact information. The City Attorney’s Office will contact you as soon as the documents are available for your review.

General Information

• "Public officials are entitled to qualified immunity from [civil] suit under [42 U.S.C. Section ] 1983 unless it is shown by specific allegations that the officials violated clearly established law." [Citations.]

• In order to constitute a constitutional violation sufficient to overcome the qualified immunity of an arresting officer, the material misstatements and omissions in the warrant affidavit must be of "such character that no reasonable official would have submitted it to a magistrate." [Citations.]

• In order for a plaintiff to recover for false arrest, he must prove that he was unlawfully detained by the police against his will. Harrison v. State Through Dept. of Public Safety and Corrections, 97-1086,p. 7 (La. 1998), 721 So. 2d 458, 461. Thus, two elements are required to prove a case in false arrest and imprisonment: (1) detention of a person, and (2) unlawfulness of the detention. Hughes v. Gulf International, 593 So. 2d 776, 780 (La. App. 4 Cir. 1992). [Citations.]

Continuing Coverage:
^New!
• N.O.P.D.: The Saga Continues^{(The NOPD Officers Antionette Frank, Len Davis Murder Cases; and $200,000+ (cash) missing from N.O.P.D. Evidence Room!)}
• New Orleans Police Department^{(January 1, 2009 Murder of Unarmed Black Man, shot once nine (9) times in the back!!)}

How to File a Complaint against B.A.R.T. Police

2009-01-12T16:17:00.000-08:00

«•The Associated Press: Monday, March 2, 2009, 5:04 PM:•»

• Jury awards $3 million in Texas stun gun death•

HOUSTON -- A jury in Texas has awarded $3 million to the mother of a mentally ill man who died after he was shocked 18 times with a stun gun and hogtied during an arrest.

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Video: BART's Brutality

B.A.R.T. Police - Grab & Smash!

Members of the BART Police Department Review Committee raised questions Wednesday morning about the police practices at the West Oakland BART station on Nov 21, 2009, that resulted in the arrest and injury of an intoxicated train passenger.

The four-member Review Committee, which was created in the aftermath of the Oscar Grant shooting death by BART police officer Johannes Mehserle at the Fruitvale BART station January 1, 2009, reviews BART police training and identifies civilian concerns about the police force.

At its regularly scheduled meeting in the BART board room in Downtown Oakland this morning, Directors Carol Ward Allen, Tom Radolovich, and Lynette Sweet raised concerns about the efficacy of BPD practices that resulted in the officer pushing the suspect, Michael Joseph Gibson, 37, into the cement and glass wall at the West Oakland BART station while being placed under arrest. Director Sweet sought clarification on proper police protocol, asking Commander Hartwig why the officer brought Michael Gibson toward the platform wall and into the glass window with such force. The shattering glass during the arrest caused lacerations to the officer and to Gibson.

Board of Directors

BART is a PUBLIC ENTITY governed by a Board of Directors. The BART Board of Directors is comprised of nine elected officials from the nine BART districts. Board members serve a four-year term. Regular meetings of the Board of Directors and Standing Committees are held on the second and fourth Thursdays of each month - January through October, the third Thursday in November and the first and third Thursdays in December. Meetings generally start at 9:00 a.m. Visit the Board Agenda and Minutes section. In California, before you may sue a public entity (a state, county or local governmental entity) or a government employee for money damages, you must first file a claim meeting the requirements of the California Tort Claims Act.

Contact the BART Board:

BART Board of Directors
P.O. Box 12688
Oakland, CA 94604-2688
Phone: (510) 464-6095
E-mail: BoardofDirectors@bart.gov

BART Police

The BART Police Department is comprised of 296 personnel, of which 206 are sworn peace officers anywhere in California. Interim Chief of Police Daschel Butler commands B.A.R.T. Police.

Chief of (B.A.R.T.) Police
Daschel Butler

Daschel Butler, [The City of]Berkeley's retired police chief, has been appointed BART's interim police chief while the transit district conducts a nationwide search for a new chief. Butler became Berkeley's chief of police in 1990 after beginning his 31-year career in law enforcement with the Berkeley Police Department in 1971. He retired from Berkeley PD in May 2002. Butler, who retired after 12 years as Berkeley's chief in 2002, is expected to take charge in mid-January after completing state requirements. He's replac[es] Chief Gary Gee [pictured below, center] who announce [retired] earlier in the year [2009] after drawing criticism for the department's handling of the Oscar Grant shooting early New Year's Day. His last day was December 30, 2009.

Daschel Butler, Chief of Police:
Phone: 510-464-7022
E-mail: Chief of Police

Communications Center: 510-464-7000

Contact Internal Affairs:
Sergeant David Chlebowski
Phone: 510-464-7029
E-mail: dchlebo@bart.gov - To report the misconduct of BART police officers/employees.

Money Claims

ALL PERSONS ARE REFERRED TO GOVERNMENT CODE §§ 900-960.8 FOR A DETAILED DESCRIPTION OF THE CLAIMS FILING REQUIREMENTS WHEN PRESENTING A CLAIM OR BEFORE 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 B.A.R.T. FROM ASSERTING NONCOMPLIANCE WITH THE TORT CLAIMS ACT (B.A.R.T. 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 BART if you are seeking money or damages from BART. 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. B.A.R.T. will only consider the merits of the claim if the Late Claims Application is granted (Government Code § 911.4).

«••» B.A.R.T. Insurance Claim Form - Government Code § 910 et seq

BART & Title VI

BART is mandated to comply with the requirements of Title VI in all of its federally funded programs and activities. Any person who believes they have been aggrieved by an unlawful discriminatory practice under Title VI may file a complaint.

Title VI of the Civil Rights Act of 1964 states:

"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

Making a Title VI Complaint

Any person who believes he or she has been aggrieved by an unlawful discriminatory practice under Title VI may file a complaint with BART. Any such complaint must be in writing and filed with BART within 180 days following the date of the alleged discriminatory occurrence. For information on how to file a complaint, review the files below:

Title VI Policy (8k .pdf)
Title VI Procedure (16k .pdf)
Title VI Complaint Form (68k .pdf)

For more information contact:

BART Office of Civil Rights
300 Lakeside Drive, Suite 1800
Oakland, CA 94612
Phone: (510) 464-6100
Fax: (510) 464-7587
E-mail: eeo@bart.gov

Contact BART

Pick up a postage-paid comment card from a Station Agent or write:
Customer Service
Bay Area Rapid Transit District
P.O. Box 12688
Oakland CA 94604-2688

Elected Official Communications

Elected officials and their staff are encouraged to contact the Government and Community Relations Department with specific questions, suggestions or concerns regarding BART in their districts or the region. The BART staff members listed below serve as liaisons to local, state and federal elected officials and their staff representing the San Francisco Bay Area on all issues related to BART. Give us a call and let us bring the resources of one of the biggest transit operators in California to help you in any way we can such as community events, constituent services, legislative priorities or simply answering your questions.

ALAMEDA COUNTY REPRESENTATIVE

• June Garrett, jgarret@bart.gov, Phone: (510-464-6257)
Representing the following BART stations:
North Berkeley, Downtown Berkeley, Ashby, Rockridge, MacArthur, 19th Street, Oakland City Center/12th Street, West Oakland, Lake Merritt, Fruitvale, Coliseum/Oakland Airport, San Leandro, Bay Fair, Castro Valley, Dublin/Pleasanton, Hayward, South Hayward, Union City and Fremont

CONTRA COSTA COUNTY REPRESENTATIVE

• Roddrick Lee, rlee@bart.gov, Phone: (510-464-6235)
Representing the following BART stations: Orinda, Lafayette, Walnut Creek, Pleasant Hill, Concord, North Concord/Martinez, Pittsburg/Bay Point, El Cerrito Plaza, El Cerrito Del Norte and Richmond

SAN FRANCISCO COUNTY REPRESENTATIVE

• Molly Burke, mburke@bart.gov, Phone: (510-464-6172)
Representing the following BART stations:
Embarcadero, Montgomery St, Powell St, Civic Center, 16th Street, 24th Street, Glen Park, Balboa Park, Daly City, Colma, South San Francisco, San Bruno, San Francisco International Airport (SFO) and Millbrae

LEGISLATION

• Paul Fadelli, pfadell@bart.gov, Phone: (510-464-6159)
• Kerry Hamill, Division Manager of Local Government and Community Relations, khamill@bart.gov, Phone: (510-464-6153)
• Lisa Moland, Administrative Analyst, lmoland@bart.gov, Phone: (510-464-7227)

Disclaimer

The information contained in this web site is provided as a service to the Internet community, and does not constitute legal advice. Every effort is made to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites and we make no claim that any of the free forms contained in this web site are appropriate for your particular needs.

As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

By using content and information from this website you agree to the following:

1) You will not rely on any information contained in this web site without personally consulting an attorney.

2) You agree that the free forms contained in this web site may not be appropriate for your particular needs and are offered for informational purposes only.

3) No attorney/client relationship is created between you, Blogger, or blog designers of the website, or by your viewing or use of any information or form contained in this web site.

How to File a Complaint against the Orange County Sheriff's Department

2008-11-30T09:24:00.000-08:00

«• March 11, 2010, 4:25PM•»

NEWARK, N.J. — An East Orange police officer who was off-duty but in uniform was arrested Wednesday morning, charged with assaulting a 20-year-old woman at a bus stop in Newark, then spitting on her, the Essex County Prosecutor’s Office said today. The officer, Anthony Reed, 31, had just finished his shift and was driving his own car when he allegedly approached the woman on Stuyvesant Avenue and Abinger Place around 10 a.m., said Charlotte Smith, a prosecutor’s office spokeswoman. The officer exchanged words with the woman, who was sitting at the bus stop, and who authorities said he had never met. Reed then got out of his car, grabbed her, pushed her to ground and spit on her face, police said. Authorities are investigating what prompted Reed, who has been on the force for two years, to approach the woman in the first place. Newark police arrested him at the scene. He was charged with attempted aggravated assault, and bail was set at $75,000. Newark police and the Essex County Prosecutor’s Office is still investigating. East Orange police Sgt. Andrew DiElmo said the department’s own professional standards unit is also looking into the incident.

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Inmate Death in Custody!

Orange County, California

The Orange County Sheriff-Coroner Department is a large law enforcement agency. It is composed of approximately 4,000 staff members and over 800 reserve personnel. The Department consists of five organizational functions divided into 20 divisions. The core services provided by the Department are: Public Protection, including patrol of land, harbors and coastline, homeland security, court and airport security, and emergency communications; Jail Operations; Technical Services including investigations, coroner services, forensics, emergency management and centralized Countywide communications systems; and Administrative and Support Services.

Sheriff Sandra Hutchens (pictured left) delegates authority to her executive team made up of one Undersheriff, four Assistant Sheriffs and an Executive Director. They, in turn, administer the daily activities of the captains and professional staff at the division head level.

The Internal Affairs Unit is responsible for conducting investigations of alleged misconduct by department members while ensuring appropriate due process and Peace Officer Bill of Rights assurances are provided. The unit is also charged with overseeing the application process of concealed weapons permits and various business licensing required by County and Contract City ordinance. The department considers its relations with the community to be of paramount importance and encourages citizens to express their opinions regarding the performance, professionalism, and conduct of our employees. Below you will find a copy of the Personnel Complaint Form.

Sheriff Personnel Complaint Form (PDF file)

Complaints can be mailed to:

Orange County Sheriff's Department
Attn: Internal Affairs
P.O. Box 449
Santa Ana, CA 92702-9951

California Penal Code Section 148.6 requires the following statement by signed by every person who files any allegation of misconduct against any peace officer:

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 CITIZEN’S COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT; CITIZEN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS. IF 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.

Civil Liabilities Unit

The Civil Liabilities Unit processes and reviews liability claims made against the Department and its employees. These often include complaints of personnel injury and financial loss incurred during operations. This unit also works in close collaboration with the County Risk Management Office, and County Counsel, acts as liaison with the Grand Jury, evaluates policy and procedures, provides training to mitigate risk to the Department as well as to employee, and facilitates civil litigation. The unit is also staffed with the Department's Safety Officer, who works to ensure the Department complies with California Occupational Safety and Health Administration (Cal/OSHA) regulations, County of Orange Safety and Loss Prevention policies, and other applicable regulations and standards.

Important Notice!

"In California, before you may sue a public entity (a state, county or local governmental entity) or a government employee for money damages, you must first file a claim meeting the requirements of the California Tort Claims Act. California Government (Gov’t) Code sections 810-996.6. With very limited exceptions, no lawsuit for money damages may be brought against a governmental entity unless a written claim has been properly filed within the six-month time limit. So, even if you are injured by the government and do not currently intend to sue, you should still consider filing a claim in order to protect your rights and to keep your options open." Protection & Advocacy, Inc. (August 23, 2001)

Orange County Claim for Money or Damages Forms

• Click HERE to download the Word Version
• Click HERE to download the PDF Version
• Claim for Refund of Taxes Paid and/or Penalties Paid

[FILING A] COMPLAINT ABOUT PEACE OFFICERS/ LAW ENFORCEMENT AGENCY WITH THE CALIFORNIA ATTORNEY GENERAL'S OFFICE

Under the general policy of the Department of Justice, your complaint about a law enforcement agency or its employee(s) must be addressed first to appropriate local authorities. The Attorney General will review complaints for possible investigation when substantive allegations of unlawful conduct are made and all appropriate local remedies have been exhausted.

Complaint Form (Google Docs)

Complaint Form (Same as above, Attorney General Version)

Mail Form to:
Public Inquiry Unit
Office of the Attorney General
P.O. Box 944255 Sacramento, CA 94244-2550

PUBLIC INQUIRY UNIT
(916) 322-3360/ (800) 952-5225 Toll Free - CA only
TTY/TDD (800) 735-2929 (California Relay Service)
For TTY/TDD outside California contact your state's relay service number at:
http://www.fcc.gov/cgb/dro/trsphonebk.html
AG Web Site: http://www.ag.ca.gov/

See Related Blogs

«*» Police Cover-Ups: Lying is the Norm!
«*» Filing Claims Against the Government Under the California Tort Claims Act.

Remedial Resource Links

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

Disclaimer

The information contained in this web site is provided as a service to the Internet community, and does not constitute legal advice. Every effort is made to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites and we make no claim that any of the free forms contained in this web site are appropriate for your particular needs.

As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

By using content and information from this website you agree to the following:

1) You will not rely on any information contained in this web site without personally consulting an attorney.

2) You agree that the free forms contained in this web site may not be appropriate for your particular needs and are offered for informational purposes only.

3) No attorney/client relationship is created between you, Blogger, or blog designers of the website, or by your viewing or use of any information or form contained in this web site.

How to File a Complaint against the University of California Police

2008-10-07T15:35:00.000-07:00

«•Saturday, February 27th, 2010 -- 12:57 p.m.•»

It started as a dance party in the streets. Within hours, trash bins were burning, windows were smashed and riot police were swinging their batons. It was an ugly scene, even for a university best known for its fever-pitched politics. Late Friday night and early Saturday morning, the streets of Southside became a battleground as tensions over budget cuts, tuition hikes and the recent discovery of a noose hung in the UC San Diego library boiled over. After the discovery of the noose, students organized by several Web sites, including Reclaim UC, occupied UC Berkeley's Durant hall as a show of solidarity to San Diego students facing escalated racial tensions over the noose incident. The next step in the protests was to be a series of dance parties in the streets, which resulted in several occupied buildings at UC Santa Cruz, according to the blog Occupy California. The overall goal of the dance parties was to raise support for the March 4 statewide protests over the state of public education, The Daily Californian reported. Tensions on all UC campuses have been on the rise since some students staged a "Compton Cookout" on President's Day, as a mockery of Black History Month.

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Taser Use by University of California Police Department - Los Angeles

Warning!

The University of California Police Department (UCPD) is controlled by the Regents of the University of California. The UC Regents are a corrupt organization. Be very careful if and when you decide to file a complaint against UCPD.

Warning to Blacks/African-Americans

The UCPD organization is an extremely racist police organization. You should be very cautious about entering or frequenting the UC Berkeley, UC Los Angeles, or UC San Diego, UC Santa Cruz campuses. A number of the UC campuses are off limits to African-Americans, particularly African-American/Black males. You will be stop, searched and seized. YOU WILL BE (more likely than not) ARRESTED ON TRUMPED UP CHARGES!

See: Cal Football Players Arrested For Dorm Room Robbery (10/21/08)

Cal seniors Morgan Seigel and Christoper Morales told KTVU racial conflicts among students are rare, but they also said African Americans make up only a small percentage of the student population at Cal and that they're often the victims of institutional racism.

"The majority of the African American students at this school are athletes. They use them for their athletic talent. After they're done with your sports, they don't care if you graduate or not," said Siegal.

A Corrupt Entity
Center of Brutality

September 23, 2011

UC: Illegal Search & Seizure!

June 22, 2010

Berkeley, Calif. (AP) --A judge has ruled that the University of California police illegally searched the camera of a photojournalist covering a protest outside the chancellor's campus home, attorneys said Monday. Alameda County Superior Judge Yolanda Northridge on Friday invalidated the search warrant used by UC Berkeley police to review photographs taken by David Morse at the Dec. 11 demonstration, according to the Oakland-based First Amendment Project, which represented him. The judge also ordered the university to return all copies of Morse's photos, which campus police were using as part of their investigation into violence and vandalism the night of the protest.

The First Amendment Project called the ruling a "huge and hard-fought victory for freedom of the press," noting that the judge upheld a California law restricting police searches of journalists' unpublished work.

The UC Police Department has not had a chance to review the ruling, said Capt. Margo Bennett. But she said campus police wrote the affidavit for the search warrant in good faith and a judge signed it. Morse was covering the demonstration outside Chancellor Robert Birgeneau's campus residence for the San Francisco Bay Area Independent Media Center, also known as Indybay. Morse repeatedly identified himself as a journalist before he was arrested by campus police, which obtained a search warrant to look at his photos before he was released on bail, according to the First Amendment Project. Morse's attorneys said UC police did not tell the judge that he had identified himself as a journalist when they requested the warrant. That night campus police arrested eight people after dozens of protesters broke windows, lights and planters outside of Birgeneau's home. The protesters were demonstrating against state funding cuts that have led to course cutbacks, faculty furloughs and sharp fee increases.

^{C.J. Note: The University of California, Board of Regents, through U.S. Senator Dianne Feinstein and her husband, Richard Blum, appoints judges to the Courts of the State of California. As a result, they are able to obtain bogus warrants on request.

History

The University of California was established in 1868, and moved its first campus to Berkeley in 1873. The San Francisco and Los Angeles campuses followed shortly after that. The original UCPD department at Berkeley was founded after World War I. However, it was not until September 1947 that the Regents of the University of California established UCPD as a state law enforcement agency.

Authority and Jurisdiction

The UCPD is one of several police agencies in California having a state-wide jurisdiction and authority (other examples include the California Highway Patrol, the California State University Police Department, and the California Department of Fish and Game). UCPD officers, like most California police officers, are empowered by section 830.2(b) of the California Penal Code, giving them authority as duly sworn peace officers throughout the state of California. As specified by section 92600 of the California Education Code, they are given wide geographical range to enforce the laws of the state.

Organizational Structure

The department consists of ten departments (one for each UC campus), each led by its own chief of police. Unlike other state departments, there is no single Chief of the UCPD, however one Chief is selected as the department's central coordinator (currently Chief Karl Ross of UCLA). The coordinator is responsible for compiling crime statistics from each campus, as required by the Clery Act, and for ensuring that the various departments are operating within the UCPD's mission. However, the coordinator does not dictate the day to day operations of the department, and each department sets its own Standard Operating Policies.

Tasers - Electric Shock Weapons

Six of the ten UCPD departments use Tasers (UC Los Angeles, UC San Diego, UC Irvine, UC Riverside, UC Davis, UC Merced). UC San Francisco, UC Santa Barbara, UC Santa Cruz, and UC Berkeley currently do not intend to purchase Tasers.

UC: Taser Settlement!

May 15, 2009

UCLA said today that the university would pay $220,000 to settle a civil rights lawsuit filed by a student who was repeatedly stunned with a Taser gun by campus police after he refused to show his identification or leave the school library.

Mostafa Tabatabainejad, then a 23-year-old senior at UCLA, was in the library in November 2006 when a security guard -- conducting a routine check to make sure everyone present after 11 p.m. was a student or otherwise authorized to be there -- asked him to provide identification. Tabatabainejad, a U.S. citizen of Iranian descent, refused, saying later that he thought he was being singled out because of his Middle Eastern appearance.

When campus police arrived and asked him to leave, Tabatatabainejad refused to get on his feet and walk out. Much of the encounter was captured by students with cellphones or digital cameras. Some of the footage was posted on the Internet and widely viewed, sparking a student protest.

UCLA’s acting chancellor brought in a police accountability expert, who found that use of the Taser had violated department rules. UCLA police and their outside expert cleared the officers of wrongdoing, but several of the accountability expert’s policy recommendations were adopted, including a ban on the use of a Taser on people presenting purely “passive resistance.”

In what was described as a joint statement from UCLA and the student, the university said the settlement would allow Tabatabainejad to “complete his UCLA degree and move forward with his career.” The statement said neither Tabatabainejad nor the university would comment further.

See Related Blogs
«*» Police Cover-Ups: Lying is the Norm!
«*» Filing Claims Against the Government Under the California Tort Claims Act.

Remedial Resource Links
«*» U.S. Department of Justice - Civil Rights Division
«*» Federal Bureau of Investigation - Civil Rights Division
«*» Regents Policy 4105: POLICY ON SETTLEMENT OF LITIGATION, CLAIMS, AND SEPARATION AGREEMENTS: The Regents adopt the following Policy on Settlement of Litigation, Claims, and Separation Agreements establishing the authority of The Regents, the President, and the General Counsel and requirements with respect to reporting of settlements and separation agreements.

Filing a Civil Rights Complaint

The Office for Civil Rights (OCR) investigates complaints from members of the public who believe that an agency that receives funding from the Justice Department has discriminated against them, either in employment or in the delivery of services or benefits.

More specifically, the OCR has jurisdiction to investigate agencies that receive funding from the Office of Community Oriented Policing Services (COPS Office), the Office on Violence Against Women (OVW), and the Office of Justice Programs and its components. The OCR can investigate not only recipients that receive funding directly from the Justice Department, but it can also investigate agencies that receive Justice Department funding from state and local government agencies.

Federal laws prohibit recipients of Justice Department funding from discriminating against individuals or groups, either in employment or in the delivery of services or benefits, on the basis of race, color, national origin, religion, sex, or disability. In addition, federal law prohibits recipients of Justice Department funding from discriminating on the basis of age in the delivery of services or benefits.

To file a civil rights complaint, download and complete the Complaint Verification Form (CVF) and the Identity Release Statement (IRS) and return both forms to the OCR at the following address:

Office for Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 7th Street, NW
Washington, DC 20531

If you believe that you have been the target of discrimination, you should file a complaint with the OCR as soon as possible. In most circumstances, you may have no longer than one year from the date of the discriminatory incident to file a complaint.

If You Have a Complaint

To File a Complaint about:

«*» An institution -- complaints about institutions such as jails, prisons, juvenile facilities, developmental disability/mental retardation facilities, mental health facilities or nursing homes.
«*» A law enforcement agency -- complaints about law enforcement agencies, such as police or sheriff's departments.
«*» Access Act violations -- interference with access to reproductive health clinics or places of religious worship.

Complaints about Institutions

What you should know before filing a complaint about an Institution:

1. The Special Litigation Section can only investigate institutions run by, or on behalf of, state and local governments. This means that the Section cannot investigate federal institutions (such as federal prisons, INS detention centers, or Veterans Administration Hospitals) or institutions that are strictly private facilities (such as private nursing homes). Complaints regarding federal institutions may be directed elsewhere. There are often state or local government agencies that have jurisdiction to investigate complaints regarding private facilities.

2. The Section cannot represent individuals in court or in any other proceeding (including parole board hearing, lawsuits, or criminal trials).

3. The Section's work is directed at obtaining broad reform of conditions in institutions. We do not have authority to remedy problems for particular individuals or seek money on behalf of individuals.

4. The Special Litigation Section does not bring criminal cases against those who violate the civil rights of residents. Criminal complaints can be made to the Criminal Section of the Civil Rights Division.

5. The Section is authorized to take action only if there is a pattern or practice of illegal conduct. While we do collect information about specific incidents in order to determine whether there may be a pattern or practice that warrants investigation, we do not have authority to investigate or remedy individual complaints about a particular incident.

Even if your complaint falls outside the authority of the Special Litigation Section, there may be other agencies that could help you. A partial list of other federal agencies that respond to similar complaints is listed below.

Complaints about Law Enforcement Agencies

What you should know before filing a complaint about a Law Enforcement Agency:

1.The Section has authority to investigate only state and local law enforcement agencies. This means that the Section cannot investigate federal law enforcement agencies (such as the Federal Bureau of Investigations or Drug Enforcement Administration). Complaints regarding federal law enforcement agencies may be directed elsewhere.

2.The Special Litigation Section does not bring criminal cases against those who violate the civil rights of citizens. Criminal complaints can be made to the Criminal Section of the Civil Rights Division.

3.The Section is authorized to take action only if there is a pattern or practice of illegal conduct. While we do collect information about specific incidents in order to determine whether there may be a pattern or practice that warrants investigation, we do not have authority to investigate or remedy individual complaints about a particular incident.

4.Even if your complaint falls outside the authority of the Special Litigation Section, there may be other agencies that could help you. A partial list of other federal agencies that respond to similar complaints is listed below.

How to File a Complaint:

The most effective means of filing a complaint is to write a letter to the Section explaining the situation about which you are complaining, with as much detail as possible. If you are aware of similar incidents involving others, please include that information as well. Please include information on how to contact you if we need further information (such as an address and telephone number). Also, do not include original documents as we cannot guarantee their safe return. Address all complaints to:

Special Litigation Section
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Special Litigation Section
Washington, D.C. 20530

The Section can also be reached by telephone (202-514-6255 or toll-free at 877-218-5228) or fax (202-514-0212 or 202-514-6273).

Answers to other frequently asked questions about the complaint process can be found on our Frequently Asked Questions page.

Other Agencies:

Federal Law Enforcement Agencies:

Civil Rights Division's Coordination and Review Section -- complaints about federal law enforcement officers (FBI, DEA, Customs Service, Border Patrol, etc.) can be made to the Coordination and Review Section and will be forwarded to the appropriate federal agency for review.

Federal Bureau of Investigation -- complaints regarding criminal violations of individuals' federal civil rights.

Civil Rights Division's Criminal Section -- complaints regarding criminal violations of individuals' federal civil rights.

Individual Complaints:

Civil Rights Division's Coordination and Review Section -- individual complaints alleging discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from the Department of Justice.

Americans with Disabilities Act Home Page -- individual complaints alleging discrimination on the basis of disability.

Federal Bureau of Investigation -- complaints regarding criminal violations of individuals' federal civil rights.

Civil Rights Division's Criminal Section -- complaints regarding criminal violations of individuals' federal civil rights.

Other:

Civil Rights Division's Employment Litigation Section -- complaints about discriminatory employment practices by state or local law enforcement agencies.

Disclaimer

The information contained in this web site is provided as a service to the Internet community, and does not constitute legal advice. Every effort is made to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites and we make no claim that any of the free forms contained in this web site are appropriate for your particular needs.

As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

By using content and information from this website you agree to the following:

1) You will not rely on any information contained in this web site without personally consulting an attorney.

2) You agree that the free forms contained in this web site may not be appropriate for your particular needs and are offered for informational purposes only.

3) No attorney/client relationship is created between you, Blogger, or blog designers of the website, or by your viewing or use of any information or form contained in this web site.}

University California Police Department Websites

UCPD Berkeley Official Website (Complaint Process)
UCPD Davis Official Website
UCPD Irvine Official Website
UCPD Los Angeles Official Website
UCPD Merced Official Website
UCPD Riverside Official Website
UCPD San Diego Official Website
UCPD San Francisco Official Website
UCPD Santa Barbara Official Website
UCPD Santa Cruz Official Website

How to file a Complaint against The San Francisco Sheriff's Department

2008-09-22T01:47:00.000-07:00

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Sheriff Michael Hennessey

The San Francisco Sheriff's Department is a [San Francisco] County Agency

The San Francisco Sheriff's Department has four divisions:

Administration and Programs Division: Performs functions related to personnel, training, backgrounds, in-jail programs, Charter School, Community Programs and Prisoner Legal Services.

Custody Division: Performs custody operations, hospital ward security, classification and I.D. processing.

Field Support and Services Division: Performs civil processes, court security, central warrants, institutional patrol, building security, transportation, K-9, and emergency response and special events.

Management Division: Performs centralized line functions related to the overall management of the department to include fiscal operations, information technology services, facilities maintenance, and peer support.

Directory of Sheriff Offices & Jails

Email the Department at: sheriff@sfgov.org

Investigative Services

The Investigative Services Unit is responsible for investigation of crime that occurs in the jails as well as allegations of employee misconduct. This Investigative Services Unit conducts approximately 300 criminal and administrative investigations annually.

Claim Forms Against the City and County of San Francisco

The deadline to file a claim against the City or County is six months from the date of the incident. To file a claim, click here to obtain a Claim Form with Instructions (PDF). Complete the form and return it to the Claims Clerk with an original signature. The claims clerk is located at: City Hall, 1 Dr. Carlton B. Goodlett Place, Room 396, San Francisco, CA 94102-4694. The telephone number for the Claims Clerk is (415) 554-7505.

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 County 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).

«••» Filing A Claim Against the City And County Of San Francisco

Disclaimer

The information contained in this web site is provided as a service to the Internet community, and does not constitute legal advice. Every effort is made to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites and we make no claim that any of the free forms contained in this web site are appropriate for your particular needs.

As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

By using content and information from this website you agree to the following:

1) You will not rely on any information contained in this web site without personally consulting an attorney.

2) You agree that the free forms contained in this web site may not be appropriate for your particular needs and are offered for informational purposes only.

3) No attorney/client relationship is created between you, Blogger, or blog designers of the website, or by your viewing or use of any information or form contained in this web site.

Fremont, CA - How to file a Complaint against the Police

2008-09-12T21:24:00.000-07:00

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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What is a Complaint?

A complaint is any dissatisfaction, grievance, accusation, or allegation, which if true will adversely affect the Department's efficiency and its relationship with you, the public.

Who may make a Complaint?

Any person who witnessed an incident, who feels the Police Department treated him or her in an adverse manner, or has direct/or well founded knowledge of inappropriate actions by any police employee, may make a complaint.

How do you make a Complaint?

A complaint may be made verbally or in writing at any time of the day or night to any police supervisory personnel. Usually, an explanation of the situation in person, by telephone, or by mail is all that is needed to initiate a review or investigation of the matter. If you call or come to the Police Department, you will be referred to an on-duty supervisor.

Call:

510/790-6800, then dial "O" to speak to a clerk and request the Watch Commander, or

Write:

Chief of Police
Fremont Police Department
2000 Stevenson Blvd.
Fremont, CA 94537
E-mail: csteckler@ci.fremont.ca.us

Complaint Procedure

When making a complaint, please try to include as much of the following information as possible, such as employee(s) name, badge number, and/or vehicle number. If you do not have this information, simply explain what happened by providing the date, time, and location of the incident. If you telephone, or come into the Police Department, the supervisor receiving the complaint will ask you to provide as much information as possible regarding the incident.

If you are involved in, or witnessed the incident, it is extremely important to the investigation that you provide a statement. Your statement may be tape recorded, and in some cases, will be included as part of the "Citizen Report Form." During the initial interview, the supervisor may be able to explain the employee's actions to your satisfaction.

During the interview, the following things may occur:

The supervisor may be able to explain what happened.
The complaint may be issued a case number.
The complaint may be assigned to a supervisor or the Office of Professional Standards and Accountability.
With your knowledge, you may be voice recorded or videotaped.
You will be asked for names of witnesses that may know facts about your complaint.
At some point during the interview, you may be asked to take a polygraph examination (lie detector test). A police officer may be asked to take a polygraph examination, but California State law prevents our directing a police officer to take a polygraph.
After a thorough investigation, your complaint will be classified with one of the following dispositions:

Sustained: The allegation is shown to be true.
Not Sustained: The allegation can neither be proved nor disproved and no further action is to be considered.
Unfounded: The allegation has no basis of fact, or has been disproved through the investigation.
Exonerated: Action complained of did occur, but was lawful, justified, and appropriate under the circumstances in this case.
No Finding: The complaining party and/or witnesses fail to cooperate after the investigation has commenced, the complainant withdraws the complaint, or the complainant is no longer available for clarification.
Failing of Policy and/or Training: Where it is evident that in following department policy the employee was placed in a position where the rights of the complainant were violated, and/or the employee's training or lack thereof, unreasonable caused the harm which is the basis of the complaint.
If it is determined, as a result of the investigation, that the actions of police personnel were improper or illegal, the personnel involved will be disciplined pursuant to established procedures of the Department and City, and/or the case may be referred to the District Attorney for possible criminal action.

Within fifteen (15) days after completion of the investigation, you will be notified either by telephone or by mail of the disposition or status of your complaint, unless you tell us such notification is not desired.

Pursuant to California Penal Code Section 823.8, you will not receive any information regarding disciplinary, or corrective actions imposed on the employee resulting from the investigation. By law, this information is deemed confidential and may not be disclosed.

Some investigations take a longer period of time to complete because of the number of witnesses who must be contacted and because of police employees work shifts. In any event, you will be kept abreast of the status of the investigation with a telephone call, or by U.S. mail every ten (10) days.

If you are not satisfied with the disposition in the matter, you may contact the Office of the Chief of Police or the following agencies:

District Attorney's Office
39439 Paseo Padre Parkway
Fremont, CA 94538
Phone: 510/795-2500

Federal Bureau of Investigations (FBI)
22320 Foothill Boulevard
Hayward, CA 94550
Phone: 510/886-7447

Will you have to testify?

A complainant generally does not have to testify in any formal hearing. The exceptions to this are if you inform us of actions taken by employees that are of a criminal nature, and the investigation of your complaint is sustained. There may be a chance that your testimony would be used in a court proceeding against an employee, if the District Attorney chooses to file a criminal complaint.
Employees are entitled to an administrative appeal to any imposed disciplinary action. If your complaint is sustained and the employee is disciplined and then appeals the discipline, you may be contacted and requested to testify in an administrative hearing before an arbitrator.

Remember. . .

1. You need not be a part of an incident to make a complaint.
2. You do not have to know any of the persons involved.
3. You may make a complaint as a witness to an incident.
4. If you believe you have a valid complaint, constructive criticism, or police personnel have conducted themselves improperly . . . you can report it.
5. Our goal is to give YOU the best possible police service and quality of personnel.

In Summary

Your valid complaints and criticisms help protect the community from possible misconduct by police officers/employees.

See: Filing Claims Against the Government Under the California Tort Claims Act.

Hayward, CA - How to file a Complaint Against the Police

2008-09-10T21:08:00.000-07:00

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Hayward Police Prepare for Battle

OFFICE OF THE CHIEF
Hayward Police Building
300 West Winton Avenue at Santa Clara
Hayward, CA 94544

Internal Affairs - Office of Ethical Standards

The goal of Internal Affairs - Office of Ethical Standards is to establish and maintain the highest level of ethical standards and integrity within the Hayward Police Department. Staff investigates claims of misconduct or unethical behavior by Police Department employees.

See Related Blog: Corrupt Justice

Duties include:

managing citizen complaints against the Police Department employees and internal investigations;

reviewing Police Department policies, procedures and practices;

conducting audits within the Department; and

acting as liaison with the City Attorney’s Office.

Service Contacts:

Hayward Police Contacts

Lieutenant Robert Weldon
E-mail: Robert.Weldon@hayward-ca.gov
Phone: 510-293-7283

Inspector Jean Luevano
E-mail: jean.luevano@hayward-ca.gov
Phone: 510-293-7059

See: Filing Claims Against the Government Under the California Tort Claims Act.

Richmond, CA - How to File a Complaint Against the Police

2008-09-03T23:40:00.000-07:00

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Complaints and Investigations

Filing a Complaint

Citizens with concerns about police department policies, or complaints concerning the use of force or racially abusive treatment by Richmond police officers need to contact the Police Commission.

Complaint Form (pdf)

All complaints should be filed in writing within 45 days of the alleged misconduct. Complaints filed with the Police Commission must be in writing and signed by the person, or their guardian, making the complaint.

Non-Force and Other Misconduct Complaints

The Police Commission does not have original jurisdiction over non-force, and other police misconduct complaints (such as being discourteous); it has jurisdiction through the appeal process. Appeals of Police Department Internal Affairs investigations must be filed within 10 days of the date the disposition letter is sent from the Police Chief.

Investigations Process

Complaints that are to be formally investigated by the Police Commission receive prompt, complete and comprehensive investigations. The Police Commission reviews the investigative report and sends it findings, recommendation, and all complaints to the Police Chief who may decide to conduct his own investigation. If the Police Chief does not accept the recommendation of the Police Commission, the matter will be transferred to the City Manager for the final disposition. Persons filing complaints will be notified, in writing, of the disposition of their complaint.

Richmond Police Department
1701 Regatta Boulevard
Richmond, CA 94804
Phone: 510-233-1214

Richmond City Hall
1401 Marina Way South, Richmond, CA 94804
Phone: (510) 620-6500
Fax: (510) 620-6542

Los Angeles County Sheriff, CA - How to file a Complaint

2008-09-01T14:40:00.000-07:00

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New York's Finest!

Video air date: January 21, 2010

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Los Angeles
Sheriff's Department

Leroy D. Baca,

Sheriff

County of Los Angeles

The Fourth Amendment

$650,000 Excessive
Force Settlement

August 3, 2011

LOS ANGELES (WPBR) — The Los Angeles County Board of Supervisors agreed to pay $650,000 to settle a lawsuit alleging sheriff’s deputies used excessive force against two men arrested during a traffic stop. Two sheriff’s deputies spotted Erick Hoxey driving in Compton without his seat belt on the afternoon of April 12, 2008. The deputies said that after stopping him, Hoxey assaulted one of the deputies and several others were needed to subdue him and take him into custody.

Local media reports attorneys for the plaintiffs argued that Hoxey was a victim of racial profiling and that the incident was part of a pattern of violence and racial animosity among deputies at the sheriff’s Compton station. “Good people are having their lives destroyed by rogue cops and nothing is being done about it,” said attorney the attorney representing Hoxey.

In his attorney's description of the incident, Hoxey had been parked for five minutes when the patrol deputies pulled up next to his car. “They pulled him out of the car and began brutally beating him with their fists and batons,” the attorney said. When his girlfriend, a pre-med student at UC San Diego at the time, “begged the deputies to stop beating Mr. Hoxey, they punched her in the face and continued to slam Mr. Hoxey’s head into the cement,” said his attorney. Hoxey and his passenger allege the deputies falsely arrested them and used excessive force.

The Sheriff’s Department concluded the force was reasonable and within department policy, although they directed the deputies involved to attend a four-hour tactics and survival course. Despite the committee’s finding, county counsel recommended settlement to avoid the risks of uncertain litigation.

Please write to the Sheriff's Department at:

Leroy D. Baca, Sheriff
Los Angeles County Sheriff's Department
4700 Ramona Blvd.
Monterey Park, CA 91754

You may contact the
Sheriff's Department at
the following number: (323) 267-4800

Click here to file a Complaint against a deputy sheriff, or file a complaint against the Los Angeles Sheriff's Department.

Click here to file a monetary claim against the Los Angeles County Sheriff's Department.

Los Angeles, CA - How to file a Complaint Against LAPD

2008-08-29T02:23:00.000-07:00

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L.A.'s Finest!

File a Complaint

"The motto of the Los Angeles Police Department is: "To Protect and to Serve." This Department is dedicated to providing the finest police service possible. In order to continue to provide quality service to the community, we need your assistance. This is your Police Department and we welcome your comments. We encourage you to let us know about the quality of service you receive from our employees."

Note: The LAPD is one of the most corrupt, brutal, murderous and racist police departments in the Nation (if not the world). Use EXTREME CAUTION in your dealings with LAPD. It is HIGHLY recommended that you retain an Attorney to handle any concerns that may arise with LAPD.

November 3, 2009

(Charlie Beck, LAPD - pictured left)Mayor Antonio Villaraigosa has selected Charlie Beck, a 32-year veteran of the Los Angeles Police Department, to serve as the next chief of the Los Angeles Police Department. Beck, 56, has risen quickly through the department's command ranks in recent years and was widely viewed as the favorite to be tapped as the mayor's nominee. From his success rehabilitating the LAPD's Rampart Division, which had been at the center of a corruption scandal, and later as head of the department's forces in South L.A. Villaraigosa chose Beck nearly three months after Police Chief William J. Bratton abruptly announced his plan to step down after seven years. Bratton left office on October 31, 2009.

If you wish to commend the actions of employees of this Department, you may do so by writing a letter to the captain of the station in your Area, or to the Chief of Police. If you believe that the conduct of an employee was inappropriate, you may request to speak to a supervisor at any police station, Internal Affairs Group, or the Police Commission. This will result in the immediate investigation of your complaint. Internal Affairs Group and The Police Commission is located at Parker Center, 150 North Los Angeles Street, Room 150. Professional Standards Bureau, is located in the Bradbury Building, 304 S. Broadway Street, Room 280.

If you do not wish to make the complaint in person, you may obtain a "Complaint of Employee Misconduct" form from any Los Angeles Police station, the Police Commission, or any City Council field office. You will be provided with a pamphlet which will assist you in filing your complaint.

If you are unable to pick up a form at any of these locations, you may call our 24-hour, toll-free number at 1-800-339-6868 to file a complaint or request the form, or click below to access the appropriate printable form.

Complaint of Employee Misconduct

This form should be used exclusively to report employee misconduct. Complaints regarding Los Angeles Police Department policies and procedures, or police response time to a location, should be discussed with the watch commander at your local police station. Upon completion of this form, return it in person to the nearest police station, or mail the top copy to LOS ANGELES POLICE DEPARTMENT, Internal Affairs Division, P.O. Box 30158, Los Angeles, CA 90099-4896. Keep a copy for your records.

Complaint in Cantonese
Complaint in English
Complaint in Japanese
Complaint in Korean
Complaint in Spanish
Complaint in Tagalog
Complaint in Vietnamese

Movie Intermission!

L.A.P.D., Biggie & Tupac!

^{More Below}

Alameda County California, Sheriff Department Complaints

2008-08-24T17:25:00.000-07:00

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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:

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.

Alameda, CA - How to file a Police Complaint

2008-08-21T08:43:00.000-07:00

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The Alameda Police Department investigates all complaints of misconduct or alleged misconduct of its members as required by law. A complaint can be received at any time at the Department. The complainant will first be referred to the employees' immediate supervisor. If the immediate supervisor in not available, the Duty Sergeant or Watch Commander will receive the complaint.

Chief Walter Tibbets

The Inspectional Service Section investigates specified complaints concerning alleged criminal misconduct, civil rights violations or discrimination, excessive force and complaints affecting the integrity of the Department and its members.

Upon completion of the investigation, it is reviewed by the Chief of Police for final disposition and discipline if the complaint is sustained.The complainant will be notified as to the outcome and finding of the investigation.

The Sergeant in the Inspectional Services Unit can be contacted by telephone at 510-337-8479.

Alameda Access is our online customer service center. Use it to send your questions, complaints and compliments directly to the City department whose staff can help you.

ADA Version: Alameda Access

Alameda Police Department Contact Information

DEPARTMENT/PHONE NUMBER

Emergency, Crimes in Progress or High Priority Calls: 911

Non-Emergency Police Response Requested: 510-337-8340

Animal Control/Shelter: 510-337-8565
Chief of Police: 510-337-8323
Communications Center/Dispatch: 510-337-8311
Crime Prevention (C.O.P.P.S. Unit): 510-337-8305
Inspectional Services: 510-337-8479
Investigation Division: 510-337-8302
Jail: 510-337-8433
Main Phone Line/Operator: 510-337-8340
Narcotics & Vice: 510-337-8328
Property & Evidence: 510-337-8340
Records: 510-337-8411
TEL-A-COP Hotline (Anonymous Tip Line): 510-835-2267
Traffic: 510-337-8586

Oakland, CA - How to File a Complaint With the Citizens’ Police Review Board (CPRB)

2008-08-20T07:34:00.000-07:00

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Oakland Police Murders!

Oakland Police Department

Howard Jordan
Chief of Police
Oakland, California

February 2, 2012

Interim Oakland Police Chief Howard Jordan (pictured left) was officially named the city's top cop Wednesday by Mayor Jean Quan (pictured right). Asked why she took so long to name Jordan chief, Quan quipped that she and other city officials had been "preoccupied."

August 13, 2009

By 1966, only 16 of the city's 661 police officers were black. Tensions between the poverty-stricken black community and the predominantly white police force were high, and police brutality against blacks was common. Killings of young black boys in Harlem and San Francisco added fuel to the fire. In this charged atmosphere, the Black Panther Party was founded by Merritt College students Huey Newton and Bobby Seale as a response to police brutality.

The (12/01/2005) publication of former OPD Officer Eugene Ralph Jennings’ 1968 testimony about the murder of Robert “Li’l Bobby” Hutton on April 6, 1968, will never soften the blow that African American communities withstand when their members are murdered at the hands of racist police. According to Jennings, many Oakland police officers were recruited from Florida and brought with them racist attitudes and the hierarchy of white male privilege. Their arrogance was detrimental not only to the Black community generally but especially to Black police officers. The abuse of African Americans by police departments in the Bay Area was no secret. Police officers walked tall in their locker rooms after whuppin’ Black heads. Blacks were routinely shot by the police. Blacks moving from the South to the Bay found hooded white sheets replaced by police uniforms worn by the “Blue Meanies.”

According to Eugene Jennings, he joined the police department as a result of witnessing police brutality upon Black people. His motivation was to become a better officer who could serve the needs of Black people. At the time that he joined the Oakland PD, Black police officers numbered fewer than 15 out of approximately 680. Women numbered fewer than 10. Recruitment of officers was concentrated in the South, and recruits had to have served combat duty. The combination of these two elements – racist attitudes and combat experience – resulted in daily deadly consequences for Black people.

Jennings testified that racist statements were a mainstay in the locker rooms. The shooting of Charles Evers, brother of Medgar Evers, was frequently commented on: “Yeah, if that nigger walked into my neighborhood, I would have shot him too.” Predicting Black reaction to the shooting, police officers said, “The natives will be restless tonight.” On the night of April 6, 1968, police officer Eugene R. Jennings witnessed the murder of Bobby Hutton by Oakland and Emeryville police officers. Jennings states in his deposition that he arrived at the scene at 1218 28th St. in Oakland and took a position across the street on top of a brick building – a building that is still standing. Jennings testified that Hutton was surrounded and had surrendered to the police. The police brutalized him.

During the deposition, police investigators attempted to coerce Jennings into stating that Hutton was trying to escape or run. But according to Jennings’ testimony, Hutton stumbled after being pushed from behind, not trying to escape. At this point an officer stepped forward and shot Hutton in the head, and other officers followed suit. Jennings’ description of Hutton’s murder mirrors the version told by another witness. It is interesting to note that Jennings’ testimony is similar to that of another Black police officer, Gynne Pierson, who was present at the scene. But Jennings’ statement was discarded, and he was labeled a “liar.” In fact, Jennings’ testimony was not presented to the Grand Jury. He faced hostility at work – he had a gun pulled on him by a fellow officer.

In the wake of several high profile officer-involved killings in 2009, a spokesman for the Oakland Police Department has remarked that Oakland is "still a dangerous city."

As of August 4, 2009, the City of Oakland has been ordered and/or has agreed to pay approximately $850,000.00 in civil judgments due to acts of wrongful death, excessive force and police brutality.

March 4, 2010 O.P.D. Strikes Protesters!

A's Fan Tasered August 4, 2009

Prior Bad Acts!

OAKLAND, Calif. (AP) - The city will pay nearly $200,000 in settlements to four people who alleged police misconduct, including a woman who said an on-duty officer tried to force her to perform oral sex.

The city admitted no wrongdoing and settled the federal civil rights lawsuits to avoid the risk of a harsher verdict at trial, City Attorney John Russo said in documents released Friday. The largest settlement was $95,000 for a 37-year-old Oakland woman. Griselvia Castaneda said she asked Officer Frank Morrow Jr. for help near Network Associates Coliseum in the predawn hours of May 12, 2001, after another officer had her car towed for vehicle code violations. She said that officer injured her left hand in the process.

Police jailers refused to process Castaneda because of the injured hand. She was then driven to a dirt road by Morrow and resisted the alleged assault before being taken back to jail, her suit claimed. Lawyers for Morrow could not be reached for comment. Prosecutors later wrongfully charged her with being drunk in public, her attorneys said. "This is as grotesque an act as I've ever heard of from a police officer," said an attorney for Castaneda. U.S. District Judge Marilyn Hall Patel has ordered Morrow, who remains on the force, to stay away from Castaneda.

In unrelated cases, the city agreed to pay $60,000 to a man who accused officers of punching him in the left eye; $25,000 to a man who said officers beat him, breaking his nose and chipping his teeth, while he was handcuffed during a car stop; and $13,000 to a man who said he was beaten and wrongfully arrested.

Oakland Cops Are Sued in Pedestrian Death, Shooting Cases!

November 2, 2000

Two claims have been filed against Oakland police, one for a pedestrian death after a police chase and the other for a fatal officer-involved shooting, attorneys said yesterday. In both cases last year, Oakland attorneys for the plaintiffs said officers lied to justify actions that ultimately led to wrongful deaths. In response, city attorneys have rejected the claims and denied any wrongdoing.

On Nov. 3, Mable Daniel, 55, of Oakland was killed when an unlicensed driver being chased by police ran a red light at High Street and Foothill Boulevard, hit a truck and slammed into her. Daniel was thrown 60 feet into a group of gasoline pumps at a nearby Shell station. She died instantly. The driver, Robert James Motton, 22, was convicted of vehicular manslaughter and evading arrest, and was sentenced to nine years in prison. One Plaintiff's attorney said Oakland police are liable in the case for deciding to chase Motton after they saw him driving recklessly moments before the crash. Vehicle-code violations are not enough to warrant a chase, he said.

Oakland Assistant City Attorney Randolph Hall said officers, at their discretion and with regard to safety issues, can chase suspects for vehicle-code violations. Hall said the city is immune from liability in this case because Motton, a third party, caused Daniel's death.

Oakland police Sgt. Joseph Carranza and Officer Joseph Kroushour of the fugitive unit were in an unmarked car when they reported nearly being hit by the suspect. But the plaintiff's attorney said witnesses indicated that was not the case. ``(Motton) never attempted to back up the car into the officers,'' he said. ``The officers claim this as a reason for a big chase.'' Motton's defense attorney, agreed, saying, ``I believe there may be comparative negligence on the part of the police. I am of the opinion that they were not candid.''

In the second case, Oakland police Officer Steve Nowak shot and killed suspected drug dealer Nathan Hornes, 36, last Dec. 5 after Hornes allegedly tried to run the officer down with a car, authorities said. In her claim, Hornes' mother, Sylvia Hornes, accused Nowak of making up a story that her son tried to use his car as a weapon. Nowak was standing beside Hornes' car when the shooting occurred, and Hornes could not have used his car in a threatening manner, the claim said. Hornes' wife, Kimberly Hornes, and two children filed a lawsuit last month in Alameda County Superior Court, also alleging that police lied about the circumstances of the case.

``This comes up an awful lot,'' an attorney said. ``It's a tacit secret at (the Oakland Police Department) if worse comes to worse, say he tried to run you over. It's a very, very common practice, and it's very suspicious.''

City Attorney Hall responded, ``It sounds like a lot of hogwash to me.'' Officers are justified in shooting suspects in cars if the car is deemed an immediate threat that could lead to death or serious bodily injury, he said.

In a separate case, the Oakland City Council on Tuesday night approved a $12,000 settlement with an Oakland family who accused several officers of falsely arresting them and using excessive force when they responded to their home in 1995. Police thought someone at Christobal Ochoa-Lopez' home was the victim of domestic violence and waited for a Spanish-speaking officer to help interpret for the victim, Hall said. Some family members got angry and ``started to act hostile toward the officers,'' resulting in arrests, Hall said.

Police Complaints

Filing a Complaint against the Oakland Police (English) (Spanish) (Chinese) (Vietnamese)

Any member of the community may file a complaint with the Oakland Police Department and/or the Citizens’ Police Review Board (CPRB). Filing a complaint with the Oakland Police Department does not prevent a member of the community from filing a damage claim against the City or from making complaints with other government agencies or authorities.

The CPRB is composed of 12 members of the Oakland community who have been appointed by the mayor to review complaints.

FILING A COMPLAINT

Take a Complaint Packet. The packet contains all the information and forms you will need to file a complaint. In order to process your complaint in a timely manner, read and follow the instructions.

You may also obtain a Your Guide to Filing a Complaint against the Police (TF-3208) packet:

1. From any officer or employee;

2. By calling or writing to the Internal Affairs Division;

3. By calling the 24-hour Complaint Hotline;

4. By calling or writing to the CPRB; or

5. Visit a local resource center.

Chinatown Community Resource Center (Pacific Renaissance Center)
388 - 9th Street
Oakland, CA 94607
Telephone: (510) 238-7930

Latino Community Resource Center
4470 International Blvd.
Oakland, CA 94601
Telephone: (510) 238-7647

Oakland Police Department - Eastmont Precinct
2651 - 73rd Avenue
Oakland, CA 94605
Telephone: (510) 777-8500

If you wish to make a complaint or have any questions, call or visit the Internal Affairs Division or the CPRB, or call the 24-hour Complaint Hotline.

If you need assistance with translation into Chinese, Spanish, and Vietnamese, please contact the Internal Affairs Division.

Filing a Complaint Packet (English)

Complaint Form (Spanish) (Chinese)

Important Contact Information:

Chief of Police
Oakland Police Department
455-7th Street
Oakland, CA 94607
Telephone: (510) 238-3365
Fax: (510) 238-2251

Internal Affairs Division
250 Frank H. Ogawa Plaza, Suite C
Oakland, CA 94612
Telephone: (510) 238-3161
Fax: (510) 238-3014
TDD: (510) 777-3333
Hours: M-F 9 AM to 5 PM
24-Hr Complaint Hotline: (866) 214-8834

Citizens’ Police Review Board
1 Frank H. Ogawa Plaza, 11th Floor
Oakland, CA 94612
Telephone: (510) 238-3159
TDD: (510) 238-2007
Fax: (510) 238-7084

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).

«••» Filing a Claim (form) Against the City of Oakland

Mail (or Deliver) Claim Form to:

Office of the City Attorney
One Frank Ogawa Plaza, 6th Floor
Oakland, CA 94612
Phone: 510.238.3601

If your claim is denied, you have six (6) months from the date of the denial of the claim to file a lawsuit in the court with appropriate jurisdiction.

Please note: The City of Oakland's Attorney's Office does not represent individual citizens (this means you). As an individual, if you require the services of an attorney, you must retain one to represent you.

Disclaimer

See Related Oakland, California Police Department Blogs

• Officer Pat Gonzales: Racist, Murderous Oakland Police Officer - 3 Killings
• Officer Hector Jimenez: Racist, Murderous Oakland Police Officer - 2 Killings
• Captain Edward Poulson, OPD^{(Beating Death of Suspect (2000) Promoted in 2008)}
• Investigator interfered in police probes of former bakery CEO
• Oakland Police Department, Corrupt, I
• Oakland, California Police Department, Corruption, II
• Oakland Police Department, III
• Oakland Police Department, IV
• Oakland Police Department, V - Major Corruption
• Jeff Loman, Deputy Chief, OPD^{(Updated: Re-instated as a (demoted) Lieutenant)}
• Deborah Edgerly, Corrupt former Oakland City Administrator

San Francisco, CA - How to File a Complaint With the San Francisco Police Commission

2008-08-19T16:11:00.000-07:00

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George Gascon, Chief of Police

On August 7, 2009, George Gascon (George Gascon, Police Chief - Pictured left) replaced Heather Fong as Chief of the San Francisco Police Department. The 55-year-old Gascon, who spent 28 years with the Los Angeles Police Department and was most recently police chief of Mesa, Ariz., was sworn in by Mayor Gavin Newsom. Gascon served as assistant chief under Los Angeles police Chief William Bratton.

The Commission

The mission of the Police Commission is to set policy for the Police Department and to conduct disciplinary hearings on charges of police misconduct filed by the Chief of Police or Director of the Office of Citizen Complaints, impose discipline in such cases as warranted, and hear police officers’ appeals from discipline imposed by the Chief of Police.

Commissioners are appointed by the Mayor and the Board of Supervisors and they oversee the Police Department and the Office Of Citizen's Complaints. The Office of Citizen Complaints was created by a voter initiated amendment to the San Francisco City Charter (Section 3.530.2) and placed under the direct supervision of the Police Commission in 1983. Its purpose is to investigate complaints against San Francisco police officers. It is staffed by civilians who have never been police officers in San Francisco.

March 8, 2011

SAN FRANCISCO (WCJB) -- San Francisco District Attorney George Gascon has dropped eight more criminal cases because of the possibility they may have been tainted by officers who are under investigation. That brings the total number of cases either dismissed in court or dropped by the Gascon to 13. The growing number of cases is causing concern among public officials, including the mayor.

"I am disturbed by the videos, what they unveil," San Francisco Mayor Ed Lee said.

January 6, 2011

Four separate investigations were underway Tuesday after cell phone video surfaced of San Francisco police shooting a man in a wheelchair following an incident during which he allegedly stabbed an officer in the city's South of Market district. Officers had responded to reports of a man vandalizing city vehicles in the area of 10th and Howard streets Tuesday morning at approximately 10:15 a.m. The intersection is next to the San Francisco Behavioral Health Services building. The man, whose name has not yet been released, was in a wheelchair but was not confined to it, San Francisco Police Officer Chiang said. "He was seen up and moving about a number of times," he said. The suspect had a rock and knife in his hand and was slashing the tires of some city vehicles in the area, Chiang said. He did not know what the man's motive was for vandalizing the cars."

The Commission also appoints and regulates Patrol Special Officers and may suspend or dismiss Patrol Special Officers after a hearing on charges filed.

Police Commission Office
Thomas J. Cahill
Hall of Justice
850 Bryant Street, Room 505
San Francisco, California.
Phone: (415)-553-1667
Email: sfpd.commission@sfgov.org

The San Francisco Police Department is dedicated to providing the finest police service possible. In order to continue to provide quality service to the community, we need your assistance. This is your Police Department and we welcome your comments. We encourage you to let us know about the quality of service you receive from our employees.

If you wish to commend the actions of employees of this Department, you may do so by writing a letter or email to the captain of the station in your area, or to the Chief of Police. Verbal commendations may also be given to any Department supervisor.

If you believe that the conduct of an employee was inappropriate, you may request to speak to a supervisor at any police station. This will result in the immediate investigation of your complaint. San Francisco Police Department welcomes valid complaints against its members or procedures. Your complaint is investigated by an independant civilian department, Office of Citizen Complaints (OCC). The OCC's purpose is to ensure complete, fair, and impartial investigations of all complaints.

If you do not wish to make the complaint in person, you may obtain a complaint form from any district police station, at the OCC website, or at the OCC office. You may also click here for a complaint form.

Office of Citizen Complaints
25 Van Ness Avenue, Suite 700
San Francisco,Ca 94102

Phone: (415) 241-7711
Fax: (415) 241-7733
TTY: (415) 241-7770

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).

«••» Filing A Claim Against the City And County Of San Francisco

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