Request #20-107
  Closed

Under the California Public Records Act § 6250 et seq., I am requesting an opportunity to inspect or obtain copies of public records that pertain to a San Diego Police Incident occurring on 12/14/2019 at 10954 Via Banco, San Diego, CA 92126 between approximately 1PM and 4PM. On 12/14/2019 Sibyl Schaefer made a call to the non emergency number of the SDPD from her cell phone (310.422.9765) requesting a call for service at 10954 Via Banco, San Diego, CA 92126. The following 3 officers responded to the call for service: 

 

Ofc. Dryer #7839

Ofc. Breck #7416

Ofc. Malapha #7316

 

I would like any records related to this incident including, but not limited to:

 

  1. A record of any police officers being dispatched to the location including the reason for service
  2. An audio recording of the dispatch call in #1
  3. A record of the phone call from Sibyl Schaefer received by the police requesting a call for service
  4. An audio recording of the phone call in #3
  5. Any recorded statements made by the police regarding the circumstances and handling/resolution of this incident
  6. Any recorded statements made by Sibyl Schaefer to the police officers
  7. Bodycam footage (audio and video) from each of the 3 responding officers listed above during the period of time they arrived on scene to the time they left the scene.

 

Please inform me of any fees for searching or copying these records via phone or email so I can approve them and arrange payment immediately so that delivery of records is not delayed. This information is not being sought for commercial purposes. I am first party with respect to these records so any claimed exemptions based on privacy concerns that you feel justifies the refusal to release the information will be considered unreasonable and may result in litigation in court. The incident also occurred in a location that was fully visible from the public sidewalk, so there should be no expectation of privacy from any party involved regarding the bodycam footage or statements made to the responding officers.

 

California Penal Code section 832.7 requires release of these records for incidents where officer’s use of force resulted in great bodily injury. Notes from a doctor visit with Kaiser Permanente Urgent Care doctor Lynn Lin Ji M.D. following the incident indicate that my neck and shoulder were substantially strained due to the excessive use of force by Officer Breck when he was detaining me. The strain required a prescription for pain medication Meloxicam that needed to be taken over a period of several weeks.

 

The California Public Records Act requires a response within ten business days. If access to the records I am requesting will take longer than 10 business days, please contact me with information about when I might expect copies or the ability to inspect the requested records and specifically why obtaining those records would require more than 10 business days.

 

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.


Received

January 9, 2020 via web


Departments

Police

Documents

Public

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Staff

Point of Contact

Angela Laurita

Request Published Public
January 13, 2020, 9:36pm
Request Closed   Hide Public

02c. Released – Redacted and/or Withheld

All responsive documents have been released except those that have been redacted and/or withheld pursuant to:

[Law enforcement investigation] Government Code section §6254(f)

[records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, ….any state or local police agency... are exempt from disclosure]

Government Code section 6254(f)(2)

This information is protected from disclosure pursuant to Government Code section 6254(f)(2).

The public interest in disclosure is outweighed by other factors.

January 10, 2020, 11:57am by Angela Laurita, Public Records Administration Manager
Document(s) Released Public
PRA 20 107 Item #1 CFS Report 10954 Via Banco 121419.pdf
PRA 20 107 Item #1 and #3 CAD XRef E19120027733_Redacted.pdf
PRA 20-107 Item _1 and _3 CAD E19120022915_Redacted.pdf
January 10, 2020, 11:56am by Angela Laurita, Public Records Administration Manager
Department Assignment Public
Police
January 9, 2020, 12:22pm
Request Opened Public
Request received via web
January 9, 2020, 12:22pm