Mon. May 20th, 2024

SB 2, Creating Police Decertification Process and Expanding Civil Liability Exposure

AKA – The Kenneth Ross Jr. Police Decertification Act of 2021, Approved by Legislature

 

Governor Signs SB 2, Creating Police Decertification Process and Expanding Civil Liability Exposure

CATEGORY: Special Bulletins
CLIENT TYPE: Public Safety
AUTHOR: Lars T. Reed
PUBLICATION: LCW Special Bulletin
DATE: Sep 30, 2021

What is SB 1421?

Lawmakers passed the landmark “Right to Know Act” in 2018, chipping away at a four-decade wall of secrecy concerning police internal investigations and officer discipline in California. SB 1421 makes public three categories of records:

  • Use-of-Force: Records of investigations and findings about use of force that results in a serious injury or death.
  • Sexual Assault: Records made when an agency determines that a California peace officer committed sexual assault on the job.
  • Official Dishonesty: Records made when an agency determines that an officer was dishonest on the job, affecting the reporting, investigation or prosecution of a

On September 30, 2021, Governor Gavin Newsom signed into law Senate Bill 2 (“SB 2”), a bill that will significantly affect law enforcement agencies across the state. The bill’s stated intent is to increase accountability for misconduct by peace officers and makes five significant changes:

  • It will create a process for the Commission on Peace Officer Standards and Training (“POST”) to revoke certifications for peace officers such that those individuals will be disqualified from peace officer employment in California;
  • It expands the list of circumstances that will disqualify a person from employment as a peace officer;
  • It will require law enforcement agencies to investigate all complaints or claims of serious misconduct by peace officers regardless of whether the subject officer(s) is still employed by the agency;
  • It will require law enforcement agencies to report to POST all complaints, claims, allegations, and findings of serious misconduct;
  • It will remove some immunity provisions for peace officers and their employing agencies in civil rights lawsuits brought under the Tom Bane Civil Rights Act.

These changes are outlined in further detail below. Some aspects of the law will take effect on January 1, 2022. Other provisions have a later effective date.

Peace Officer Decertification

Under existing law, POST sets certain minimum standards for recruitment and training of peace officers, and develops curriculum for training courses. In addition, POST has established a professional certificate program for peace officers in order to foster education, experience, and best practices in the profession. Currently, POST has the authority to cancel a certificate that was awarded in error or obtained fraudulently, but cannot otherwise cancel a previously-issued certificate.  SB 2 significantly expands POST’s authority in a variety of ways.

Most notably, SB 2 requires law enforcement agencies to employ as peace officers only those individuals who hold a current and valid Basic certificate from POST, except for provisional employment for up to 24 months of individuals awaiting certification. It also requires POST to revoke certification when an individual has become ineligible to hold office as a peace officer under Government Code section 1029, or when an individual has been terminated for cause for, or otherwise engaged in, “serious misconduct”.

SB 2 leaves the precise definition of “serious misconduct” open to regulatory interpretation by POST. However, the bill specifies that the term shall at a minimum, include all of the following:

  • Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer or custodial officer, including making false statements, intentionally filing false reports, tampering with, falsifying, destroying, or concealing evidence, perjury, and tampering with data recorded by a body-worn camera or other recording device for purposes of concealing misconduct;
  • Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest;
  • Physical abuse, including, but not limited to, the excessive or unreasonable use of force;
  • Sexual assault;
  • Demonstrating bias on the basis of any legally protected status, in violation of law or department policy, or in a manner inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner;
  • Acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public, as determined by POST;
  • Participation in a “law enforcement gang”;
  • Failure to cooperate with an investigation into potential police misconduct; and
  • Failure to intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances,

Second, it authorizes POST to conduct investigations to determine the fitness of any person to serve as a peace officer in California, and to conduct audits of agencies that employ peace officers. To this end, SB 2 establishes a Peace Officer Standards Accountability Division (“Division”) within POST, with the responsibility to review investigations conducted by law enforcement agencies, and to conduct its own investigations into misconduct that could provide grounds for suspension or revocation of a peace officer’s certification. The Division will also have the responsibility to make findings and recommendations to the commission, to conduct administrative proceedings seeking suspension or revocation, and to accept complaints from members of the public recording peace officers or law enforcement agencies. The bill also amends Penal Code Section 832.7 (also known as the Pitchess statute) to allow disclosure to POST of otherwise-confidential peace officer personnel records.

Third, SB 2 directs the Governor to establish a Peace Officers Standards Accountability Board by no later than January 1, 2023. The purpose of the Board will be to hear the findings and recommendations from the investigative division and make recommendations on decertification to the POST commission. The Board will consist of nine members serving three-year terms, all but two of whom are appointed by the Governor:

  • One peace officer or former peace officer with command experience.
  • One peace officer or former peace officer with management experience in internal investigations or disciplinary proceedings of peace officers.
  • Two members of the public with experience in police accountability issues working at nonprofit or academic institutions, one of which is appointed by the Speaker of the Assembly.
  • Two members of the public with experience in police accountability issues working in community-based organizations, one of which is appointed by the Senate Rules Committee.
  • Two additional members of the public, with “strong consideration” given to individuals who have been subject to wrongful use of force by a peace officer or surviving family members of a person killed by wrongful use of force by a peace officer.
  • One attorney with professional experience involving oversight of police officers.

The six members of the public and the attorney member may not be former peace officers.

A separate provision of SB 2 requires POST to notify the head of a law enforcement agency any time the commission launches an investigation into one of the agency’s officers (unless notification would interfere with the investigation), any time such investigation finds grounds to initiate decertification proceedings, any time the commission decides to take action, and any time a hearing results in actual decertification or suspension.

Expansion of Criteria Disqualifying Individuals from Holding Office as a Peace Officer

Currently, under Government Code Section 1029, there are numerous circumstances that will disqualify an individual from holding office or being employed as a peace officer in California. Most notably, a person will be disqualified if they have been convicted of a felony, or convicted of a non-felony offense in another jurisdiction that would have been a felony in California.

SB 2 amends Government Code 1029 to exclude the following individuals from peace officer employment:

  • An individual discharged from the military after adjudication by a military tribunal for committing an offense that would have been a felony if committed in California, whether or not the person received a criminal conviction for the offense.
  • An individual convicted of a felony, including by a guilty plea or a plea of nolo contendere, will remain disqualified even if a later court sets aside, vacates, withdraws, expunges, or otherwise reverses the conviction, unless the court specifically finds the person to be factually innocent of the crime for which they were convicted.
  • An individual convicted of any one of several specific enumerated crimes of dishonesty, or conduct in another jurisdiction that would have constituted one of those crimes if committed in California. The listed crimes include, but are not limited to, bribery, corruption, perjury, falsifying evidence, witness tampering, forging or falsifying government records, tampering with a jury or the jury selection process.
  • An individual adjudicated to have committed acts that would constitute one of those enumerated crimes in an administrative, military, or civil judicial process that requires at least “clear and convincing evidence.”
  • An individual whose POST certificate was revoked (or denied) or who voluntarily surrendered the certification.
  • An individual whose name appears in the National Decertification Index or any similar database designated by the federal government and the individual’s certification as a law enforcement officer was revoked for misconduct, or if the individual engaged in serious misconduct that – had they been employed in California – would have resulted in POST revoking their certificate.

In addition, the amended Section 1029 requires the California Department of Justice to supply POST with any disqualifying felony or misdemeanor conviction data for all persons known to be current or former peace officers.

Administrative and Reporting Requirements for Law Enforcement Agencies

Importantly, in addition to expanding POST’s authority to investigate peace officer misconduct, SB 2 imposes a number of requirements on both state, county, and municipal law enforcement agencies. Most of these requirements do not take effect until January 1, 2023, or later. However, agencies should begin preparing to comply with these requirements as soon as possible.

  1. Reporting requirements

Beginning on January 1, 2023, SB 2 will require all agencies that employ peace officers to begin submitting reports to POST any time one of the following occurs:

  • The agency employs, appoints, terminates, or separates from employment any peace officer, including involuntary terminations, resignations, and retirements.
  • A complaint, charge, or allegation of conduct is made against a peace officer employed by the agency that could result in decertification.
  • A civilian oversight entity or review board, civilian police commission, police chief, or civilian inspector general makes a finding or recommendation that a peace officer employed by the agency engaged in conduct that could result in decertification.
  • The final disposition of an investigation determines that a peace officer engaged in conduct that could result in decertification, regardless of the discipline imposed (if any).
  • A civil judgment or court finding is made against a peace officer based on conduct that could result in decertification, or a settlement is reached in civil case against a peace officer or the employing agency based on allegations of officer conduct that could result in decertification.

In each case, an agency will have 10 days to make the relevant report. For reports regarding separation of a peace officer, the bill requires agencies to execute and submit an “affidavit-of-separation” form under penalty of perjury, which must describe the reason for separation and whether the separation is part of resolving or settling any pending charge or investigation. The officer who was separated “shall be permitted” to respond in writing to the affidavit-of-separation, explaining to POST their own understanding of the facts and reasons for the separation. The statutory language is not clear whether the officer’s response is to be submitted along with the agency’s report, or whether the officer submits it separately, directly to POST.

One key element of these reporting requirements is they do not appear to require that the reportable conduct is egregious enough to make it likely that POST will ultimately decertify the officer. Indeed, in the case of reporting complaints and civil settlements, it is enough that an allegation is made that – if true – could subject a peace officer to decertification, even if the complaint or civil claim is later proved untrue. Thus, the safe approach for any agency would be to take a broad approach to reporting, and leave it to POST to determine whether the facts of any given case are enough to warrant initiating decertification procedures. Where an agency does make a report to POST in good faith, SB 2 provides immunity from civil liability for the disclosure in good faith.

The bill does not specify a particular form or format for these reports, or for the affidavit-of-separation form, but directs POST to issue further guidance and adopt appropriate forms.

Although the reporting requirement does not begin until January 2023, it does apply to events that occurred before January 2023. SB 2 specifically requires agencies to report any instance of a listed event that took place between January 1, 2020, and January 1, 2023. For reports falling in that earlier timeframe, the reporting deadline will be July 1, 2023.

  1. Investigation and record-keeping requirements

Beginning on January 1, 2023, all law enforcement agencies are required to complete any investigation into allegations of “serious misconduct” by a peace officer – i.e. conduct that could subject a peace officer to decertification – regardless of the employment status of the officer. This means that if a peace officer voluntarily resigns, retires, is released from probationary employment, is terminated on unrelated grounds, or separates from employment for any other reason so that no disciplinary action could take place, the agency is still required to complete any pending investigation of serious misconduct.

In addition, any time an agency has reported to POST a complaint, charge, or allegation of serious misconduct, the agency must retain the investigation records, including any physical or documentary evidence, witness statements, analysis, and conclusions, for at least two years after making the report. The agency must make these records available for inspection by POST on request.

  1. Background check requirement

Any time an agency employs or appoints a peace officer who has previously worked as a peace officer for another agency, the hiring agency is required to contact POST to inquire as to the facts and reasons the officer was separated from any previous employing agency. POST is required to respond with any relevant information in its possession.

Due to the structure of the bill language, it is unclear whether this provision takes effect as of January 1, 2022, or if it is also delayed until January 1, 2023. It is likely POST will issue more guidance on this point. In the absence of additional guidance, it would likely be prudent for agencies to make these pre-employment inquiries to POST beginning in January 2022, even though POST is unlikely to have any responsive information until it begins receiving reports in 2023.

Removal of Immunity for Civil Rights Cases

Under current law, the Tom Bane Civil Rights Act, Civil Code section 52.1, allows individuals to bring a civil claim for damages if their constitutional rights have been interfered with, or attempted to be interfered with. However, current law also contains a number of provisions that provide public employees and government agencies with qualified immunity from liability in civil cases.

SB 2 adds a provision to the Bane Act that would eliminate certain immunity provisions. Specifically, the following immunity provisions would no longer apply to civil actions brought under the Bane Act against peace officers, custodial officers, or directly against a public agency that employs them:

  • Government Code Section 821.6, which provides immunity to a public employee “for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause.”
  • Government Code Section 844.6, which provides limited immunity to public entities for injuries to, or caused by, a prisoner (subject to a variety of existing exceptions).
  • Government Code Section 845.6, which provides limited immunity to public entities and public employees for injuries caused by a public employee’s failure to obtain medical care for a prisoner in their custody.

Once SB 2 takes effect on January 1, 2022, peace officers, custodial officers, and their employing agencies will no longer be able to claim immunity from Bane Act claims on the basis of these specific provisions. However, other governmental immunity provisions could still apply depending on the facts and allegations of a specific case, and these immunities would still apply in civil actions other than those brought under the Bane Act.

SB 2 also amends the Bane Act to require public entities to provide indemnification to employees or former employees sued under the Act, to the same extent that existing law requires in tort cases.

 

CITED https://www.lcwlegal.com/news/governor-signs-sb-2-creating-police-decertification-process-and-expanding-civil-liability-exposure/ TO ACTUALLY READ SENATE BILL 2 CLICK HERE

 

More access also below

Section 832.7Peace officer or custodial officer personnel records

Senate Bill No. 1421California Public Records Act

Assembly Bill 748 Makes Video Evidence Captured by Police Agencies Subject to Disclosure as Public Records

SB 2, Creating Police Decertification Process and Expanding Civil Liability Exposure

California Senate Bill 16 (SB 16) – 2023-2024 – Peace officers: Release of Records

The Right To Know: How To Fulfill The Public’s Right Of Access To Police Records

PUBLIC RECORDS REQUEST CONTACTS for Los Angeles County (click here for media policy)

How Access to California Police Records

Los Angeles County Sheriff’s Department SB-1421 Records

Obtaining a Report from LASD Records (You, 3rd party or consel can obtain)

SEARCH SB-1421 SB-16 Incidents of LA County, Oakland

 SB1421 – Form Access to California Police Records

California Statewide CPRA Requests Submit a CPRA Request 


How do I submit a request for information?

To submit a request send the request via mail, fax, or email to the agency. Some agencies list specific departments or people whose job it is to respond to PRA requests, so check their websites or call them for further info. Always keep a copy of your request so that you can show what you submitted and when.

from the ACLU we have 2 types of SB 1421 Templates for Sample Requests 

1. Incident Based Request: Use this template if you want records related to a particular incident, like the investigative record for a specific police shooting, an arrest where you believe an officer may have been found to have filed a false report, or to find out whether complaint that an officer committed sexual assault was sustained.
ACLU Download Word document | ACLU Download PDF

or from us Download Word document | or from us Download PDF

2. Officer Based Request: Use this template if you want to find any public records of misconduct related to a particular officer or if he or she has been involved in past serious uses of force.
ACLU Download Word document | ACLU Download PDF

or from us Download Word document | or from us Download PDF

We also have more robust sample letters below:

Sample Letter | SB 1421 & SB 16 Records

Download Word document | Download PDF

 

Sample Letter | Police Recordings

Download Word document | Download PDF

 

The CPRA is now located at Government Code sections 7920.000-7931.000
The First Amendment Coalition also has some useful information to help explain the PRA process.

 

 

 

 

 


To Learn More…. Read MORE Below and click the links Below 


Abuse & Neglect The Mandated Reporters  (Police, D.A & Medical & the Bad Actors)

Mandated Reporter Laws – Nurses, District Attorney’s, and Police should listen up
If You Would Like to Learn More About:
The California Mandated Reporting LawClick Here

To Read the Penal Code § 11164-11166 – Child Abuse or Neglect Reporting Act – California Penal Code 11164-11166Article 2.5. (CANRAClick Here

 Mandated Reporter formMandated ReporterFORM SS 8572.pdfThe Child Abuse

ALL POLICE CHIEFS, SHERIFFS AND COUNTY WELFARE DEPARTMENTS  INFO BULLETIN:
Click Here Officers and DA’s
 for (Procedure to Follow)

It Only Takes a Minute to Make a Difference in the Life of a Child learn more below

You can learn more here California Child Abuse and Neglect Reporting Law  its a PDF file


Learn More About True Threats Here below….

We also have the The Brandenburg v. Ohio (1969)1st Amendment

CURRENT TEST = We also have the TheBrandenburg testfor incitement to violence 1st Amendment

We also have the The Incitement to Imminent Lawless Action Test 1st Amendment

We also have the True Threats – Virginia v. Black is most comprehensive Supreme Court definition – 1st Amendment

We also have the Watts v. United StatesTrue Threat Test – 1st Amendment

We also have the Clear and Present Danger Test – 1st Amendment

We also have the Gravity of the Evil Test – 1st Amendment

We also have the Elonis v. United States (2015) – Threats – 1st Amendment


Learn More About What is Obscene…. be careful about education it may enlighten you

We also have the Miller v. California 3 Prong Obscenity Test (Miller Test) – 1st Amendment

We also have the Obscenity and Pornography – 1st Amendment


Learn More About Police, The Government Officials and You….

$$ Retaliatory Arrests and Prosecution $$

Anti-SLAPP Law in California

Freedom of AssemblyPeaceful Assembly1st Amendment Right

Supreme Court sets higher bar for prosecuting threats under First Amendment 2023 SCOTUS

We also have the Brayshaw v. City of Tallahassee1st Amendment Posting Police Address

We also have the Publius v. Boyer-Vine –1st Amendment Posting Police Address

We also have the Lozman v. City of Riviera Beach, Florida (2018) – 1st Amendment – Retaliatory Police Arrests

We also have the Nieves v. Bartlett (2019)1st Amendment – Retaliatory Police Arrests

We also have the Hartman v. Moore (2006)1st Amendment – Retaliatory Police Arrests
Retaliatory Prosecution Claims
Against Government Officials1st Amendment

We also have the Reichle v. Howards (2012) – 1st Amendment – Retaliatory Police Arrests
Retaliatory Prosecution Claims
Against Government Officials1st Amendment

Freedom of the Press Flyers, Newspaper, Leaflets, Peaceful Assembly1$t Amendment – Learn More Here

Vermont’s Top Court Weighs: Are KKK Fliers1st Amendment Protected Speech

We also have the Insulting letters to politician’s home are constitutionally protected, unless they are ‘true threats’ – Letters to Politicians Homes – 1st Amendment

We also have the First Amendment Encyclopedia very comprehensive 1st Amendment


Sanctions and Attorney Fee Recovery for Bad Actors

FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse AllegationsFamily Code 3027.1 – Click Here

FAM § 271 – Awarding Attorney Fees– Family Code 271 Family Court Sanction Click Here

Awarding Discovery Based Sanctions in Family Law Cases – Click Here

FAM § 2030 – Bringing Fairness & Fee RecoveryClick Here

Zamos v. StroudDistrict Attorney Liable for Bad Faith ActionClick Here

Malicious Use of Vexatious Litigant – Vexatious Litigant Order Reversed


Mi$Conduct Pro$ecutorial Mi$Conduct Prosecutor$

Attorney Rule$ of EngagementGovernment (A.K.A. THE PRO$UCTOR) and Public/Private Attorney

What is a Fiduciary Duty; Breach of Fiduciary Duty

The Attorney’s Sworn Oath

Malicious Prosecution / Prosecutorial Misconduct – Know What it is!

New Supreme Court Ruling – makes it easier to sue police

Possible courses of action Prosecutorial Misconduct

Misconduct by Judges & ProsecutorRules of Professional Conduct

Functions and Duties of the ProsecutorProsecution Conduct

Standards on Prosecutorial Investigations – Prosecutorial Investigations

Information On Prosecutorial Discretion

Why Judges, District Attorneys or Attorneys Must Sometimes Recuse Themselves

Fighting Discovery Abuse in LitigationForensic & Investigative AccountingClick Here

Criminal Motions § 1:9 – Motion for Recusal of Prosecutor

Pen. Code, § 1424 – Recusal of Prosecutor

Removing Corrupt Judges, Prosecutors, Jurors and other Individuals & Fake Evidence from Your Case

National District Attorneys Association puts out its standards
National Prosecution Standards – NDD can be found here

The Ethical Obligations of Prosecutors in Cases Involving Postconviction Claims of Innocence

ABA – Functions and Duties of the ProsecutorProsecution Conduct

Prosecutor’s Duty Duty to Disclose Exculpatory Evidence Fordham Law Review PDF

Chapter 14 Disclosure of Exculpatory and Impeachment Information PDF


Mi$Conduct JudiciaMi$Conduct  Judge$

Prosecution Of Judges For Corrupt Practice$

Code of Conduct for United States Judge$

Disqualification of a Judge for Prejudice

Judicial Immunity from Civil and Criminal Liability

Recusal of Judge – CCP § 170.1Removal a Judge – How to Remove a Judge

l292 Disqualification of Judicial OfficerC.C.P. 170.6 Form

How to File a Complaint Against a Judge in California?

Commission on Judicial PerformanceJudge Complaint Online Form

Why Judges, District Attorneys or Attorneys Must Sometimes Recuse Themselves

Removing Corrupt Judges, Prosecutors, Jurors and other Individuals & Fake Evidence from Your Case


DUE PROCESS READS>>>>>>

Due Process vs Substantive Due Process learn more HERE

Understanding Due Process  – This clause caused over 200 overturns in just DNA alone Click Here

Mathews v. EldridgeDue Process 5th, & 14th Amendment

 Mathews Test3 Part TestAmdt5.4.5.4.2 Mathews Test

UnfriendingEvidence – 5th Amendment

At the Intersection of Technology and Law

We also have the Introducing TEXT & EMAIL Digital Evidence in California Courts  1st Amendment
so if you are interested in learning about 
Introducing Digital Evidence in California State Courts
click here for SCOTUS rulings

Right to Travel freely – When the Government Obstructs Your Movement – 14th Amendment & 5th Amendment

What is Probable Cause? and.. How is Probable Cause Established?

Misuse of the Warrant System – California Penal Code § 170Crimes Against Public Justice 4th, 5th, & 14th Amendment

What Is Traversing a Warrant (a Franks Motion)?

Dwayne Furlow v. Jon Belmar – Police Warrant – Immunity Fail – 4th, 5th, & 14th Amendment


Obstruction of Justice and Abuse of Process

What Is Considered Obstruction of Justice in California?

Penal Code 135 PCDestroying or Concealing Evidence

Penal Code 141 PC Planting or Tampering with Evidence in California

Penal Code 142 PCPeace Officer Refusing to Arrest or Receive Person Charged with Criminal Offense

Penal Code 182 PC “Criminal Conspiracy” Laws & Penalties

Penal Code 664 PC “Attempted Crimes” in California

Penal Code 32 PC – Accessory After the Fact

Penal Code 31 PC – Aiding and Abetting Laws

What is Abuse of Process? 

What is a Due Process Violation? – 4th Amendment & 14th Amendment

What’s the Difference between Abuse of Process, Malicious Prosecution and False Arrest?

Defeating Extortion and Abuse of Process in All Their Ugly Disguises

The Use and Abuse of Power by Prosecutors (Justice for All)


ARE PEOPLE LYING ON YOU?
CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!

Penal Code 118 PC – California Penalty of “Perjury” Law

Federal Perjury – Definition by Law

Penal Code 132 PCOffering False Evidence

Penal Code 134 PCPreparing False Evidence

Penal Code 118.1 PCPolice Officer$ Filing False Report$

Spencer v. PetersPolice Fabrication of Evidence – 14th Amendment

Penal Code 148.5 PC –  Making a False Police Report in California

Penal Code 115 PCFiling a False Document in California


Misconduct by Government Know Your Rights Click Here 

 Under 42 U.S.C. $ection 1983 – Recoverable Damage$

42 U.S. Code § 1983 – Civil Action for Deprivation of Right$

18 U.S. Code § 242Deprivation of Right$ Under Color of Law

18 U.S. Code § 241Conspiracy against Right$

Section 1983 LawsuitHow to Bring a Civil Rights Claim

 Suing for MisconductKnow More of Your Right$

Police Misconduct in CaliforniaHow to Bring a Lawsuit

How to File a complaint of Police Misconduct? (Tort Claim Forms here as well)

Deprivation of Rights – Under Color of the Law

What is Sua Sponte and How is it Used in a California Court? 

Removing Corrupt Judges, Prosecutors, Jurors
and other Individuals & Fake Evidence
from Your Case 

Anti-SLAPP Law in California

Freedom of Assembly – Peaceful Assembly – 1st Amendment Right

How to Recover “Punitive Damages” in a California Personal Injury Case

Pro Se Forms and Forms Information(Tort Claim Forms here as well)

What is Tort?


Tort Claims Form
File Government Claim for Eligible Compensation

Complete and submit the Government Claim Form, including the required $25 filing fee or Fee Waiver Request, and supporting documents, to the GCP.

See Information Guides and Resources below for more information.

Tort Claims – Claim for Damage, Injury, or Death (see below)

Federal –  Federal SF-95 Tort Claim Form Tort Claim online here or download it here or here from us

California – California Tort Claims Act – California Tort Claim Form Here or here from us

Complaint for Violation of Civil Rights (Non-Prisoner Complaint) and also UNITED STATES DISTRICT COURT PDF

Taken from the UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Forms source

WRITS and WRIT Types in the United States


How do I submit a request for information?

To submit a request send the request via mail, fax, or email to the agency. Some agencies list specific departments or people whose job it is to respond to PRA requests, so check their websites or call them for further info. Always keep a copy of your request so that you can show what you submitted and when.

Templates for Sample Requests

Incident Based Request: Use this template if you want records related to a particular incident, like the investigative record for a specific police shooting, an arrest where you believe an officer may have been found to have filed a false report, or to find out whether complaint that an officer committed sexual assault was sustained.
ACLU Download Word document | ACLU Download PDF

or from us Download Word document | or from us Download PDF

Officer Based Request: Use this template if you want to find any public records of misconduct related to a particular officer or if he or she has been involved in past serious uses of force.
ACLU Download Word document | ACLU Download PDF

or from us Download Word document | or from us Download PDF

The First Amendment Coalition also has some useful information to help explain the PRA process.

Sample Letter | SB 1421 & SB 16 Records

Download Word document | Download PDF

 


Appealing/Contesting Case/Order/Judgment/Charge/ Suppressing Evidence

First Things First: What Can Be Appealed and What it Takes to Get StartedClick Here

Options to Appealing– Fighting A Judgment Without Filing An Appeal Settlement Or Mediation 

Cal. Code Civ. Proc. § 1008 Motion to Reconsider

Penal Code 1385Dismissal of the Action for Want of Prosecution or Otherwise

Penal Code 1538.5Motion To Suppress Evidence in a California Criminal Case

CACI No. 1501 – Wrongful Use of Civil Proceedings

Penal Code “995 Motions” in California –  Motion to Dismiss

WIC § 700.1If Court Grants Motion to Suppress as Evidence

Suppression Of Exculpatory Evidence / Presentation Of False Or Misleading Evidence – Click Here

Notice of Appeal Felony (Defendant) (CR-120)  1237, 1237.5, 1538.5(m) – Click Here

California Motions in LimineWhat is a Motion in Limine?

Petition for a Writ of Mandate or Writ of Mandamus (learn more…)

PC 1385 – Dismissal of the Action for Want of Prosecution or Otherwise


Retrieving Evidence / Internal Investigation Case 

Conviction Integrity Unit (“CIU”) of the Orange County District Attorney OCDAClick Here

Fighting Discovery Abuse in LitigationForensic & Investigative AccountingClick Here

Orange County / LA County Data, BodyCam, Police Report, Incident Reports,
and all other available known requests for data below: 

SEARCH SB-1421 SB-16 Incidents of LA County, Oakland

California Senate Bill 16 (SB 16) – 2023-2024 – Peace officers: Release of Records

APPLICATION TO EXAMINE LOCAL ARREST RECORD UNDER CPC 13321 Click Here

Learn About Policy 814: Discovery Requests OCDA Office – Click Here

Request for Proof In-Custody Form Click Here

Request for Clearance Letter Form Click Here

Application to Obtain Copy of State Summary of Criminal HistoryForm Click Here

Request Authorization Form Release of Case InformationClick Here

Texts / Emails AS EVIDENCEAuthenticating Texts for California Courts

Can I Use Text Messages in My California Divorce?

Two-Steps And Voila: How To Authenticate Text Messages

How Your Texts Can Be Used As Evidence?

California Supreme Court Rules:
Text Messages Sent on Private Government Employees Lines
Subject to Open Records Requests

case law: City of San Jose v. Superior CourtReleasing Private Text/Phone Records of Government  Employees

Public Records Practices After the San Jose Decision

The Decision Briefing Merits After the San Jose Decision

Rules of AdmissibilityEvidence Admissibility

Confrontation ClauseSixth Amendment

Exceptions To The Hearsay RuleConfronting Evidence

Prosecutor’s Obligation to Disclose Exculpatory Evidence

Successful Brady/Napue Cases Suppression of Evidence

Cases Remanded or Hearing Granted Based on Brady/Napue Claims

Unsuccessful But Instructive Brady/Napue Cases

ABA – Functions and Duties of the ProsecutorProsecution Conduct

Frivolous, Meritless or Malicious Prosecution – fiduciary duty

Section 832.7Peace officer or custodial officer personnel records

Senate Bill No. 1421California Public Records Act

Assembly Bill 748 Makes Video Evidence Captured by Police Agencies Subject to Disclosure as Public Records

SB 2, Creating Police Decertification Process and Expanding Civil Liability Exposure

The Right To Know: How To Fulfill The Public’s Right Of Access To Police Records

How Access to California Police Records

Los Angeles County Sheriff’s Department SB-1421 Records

 SB1421 – Form Access to California Police Records

California Statewide CPRA Requests Submit a CPRA Request 

Electronic Audio Recording Request of OC Court Hearings

CPRA Public Records Act Data Request – Click Here

Here is the Public Records Service Act Portal for all of CALIFORNIA Click Here

Police BodyCam Footage Release


Cleaning Up Your Record

Tossing Out an Inferior JudgementWhen the Judge Steps on Due Process – California Constitution Article VI – Judicial Section 13

Penal Code 851.8 PCCertificate of Factual Innocence in California

Petition to Seal and Destroy Adult Arrest RecordsDownload the PC 851.8 BCIA 8270 Form Here

SB 393: The Consumer Arrest Record Equity Act 851.87 – 851.92  & 1000.4 – 11105 CARE ACT

Expungement California – How to Clear Criminal Records Under Penal Code 1203.4 PC

How to Vacate a Criminal Conviction in CaliforniaPenal Code 1473.7 PC

Seal & Destroy a Criminal Record

Cleaning Up Your Criminal Record in California (focus OC County)

Governor Pardons –What Does A Governor’s Pardon Do

How to Get a Sentence Commuted (Executive Clemency) in California

How to Reduce a Felony to a MisdemeanorPenal Code 17b PC Motion


PARENT CASE LAW 

RELATIONSHIP WITH YOUR CHILDREN &
YOUR
CONSTITUIONAL RIGHT$ + RULING$

YOU CANNOT GET BACK TIME BUT YOU CAN HIT THOSE IMMORAL NON CIVIC MINDED PUNKS WHERE THEY WILL FEEL YOU = THEIR BANK

Family Law AppealLearn about appealing a Family Court Decision Here

9.3 Section 1983 Claim Against Defendant as (Individuals)14th Amendment this CODE PROTECT$ all US CITIZEN$

Amdt5.4.5.6.2 – Parental and Children’s Rights“> – 5th Amendment this CODE PROTECT$ all US CITIZEN$

9.32 Interference with Parent / Child Relationship – 14th Amendment this CODE PROTECT$ all US CITIZEN$

California Civil Code Section 52.1
Interference with exercise or enjoyment of individual rights

Parent’s Rights & Children’s Bill of Rights
SCOTUS RULINGS FOR YOUR PARENT RIGHTS

SEARCH of our site for all articles relating for PARENTS RIGHTS Help!

Child’s Best Interest in Custody Cases

Are You From Out of State (California)?  FL-105 GC-120(A)
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Learn More:Family Law Appeal

Necessity Defense in Criminal Cases

Can You Transfer Your Case to Another County or State With Family Law? – Challenges to Jurisdiction

Venue in Family Law Proceedings


GRANDPARENT CASE LAW 

Do Grandparents Have Visitation Rights? If there is an Established Relationship then Yes

Third “PRESUMED PARENT” Family Code 7612(C)Requires Established Relationship Required

Cal State Bar PDF to read about Three Parent Law
The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf

Distinguishing Request for Custody from Request for Visitation

Troxel v. Granville, 530 U.S. 57 (2000)Grandparents – 14th Amendment

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

9.32 Particular RightsFourteenth AmendmentInterference with Parent / Child Relationship

Child’s Best Interest in Custody Cases

When is a Joinder in a Family Law Case Appropriate?Reason for Joinder

Joinder In Family Law CasesCRC Rule 5.24

GrandParents Rights To Visit
Family Law Packet OC Resource Center
Family Law Packet SB Resource Center

Motion to vacate an adverse judgment

Mandatory Joinder vs Permissive Joinder – Compulsory vs Dismissive Joinder

When is a Joinder in a Family Law Case Appropriate?

Kyle O. v. Donald R. (2000) 85 Cal.App.4th 848

Punsly v. Ho (2001) 87 Cal.App.4th 1099

Zauseta v. Zauseta (2002) 102 Cal.App.4th 1242

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

Ian J. v. Peter M

Family Treatment Court Best Practice Standards

Download Here this Recommended Citation


 Epic Criminal / Civil Right$ SCOTUS Help Click Here

At issue in Rosenfeld v. New Jersey (1972) was whether a conviction under state law prohibiting profane language in a public place violated a man's First Amendment's protection of free speech. The Supreme Court vacated the man's conviction and remanded the case for reconsideration in light of its recent rulings about fighting words. The man had used profane language at a public school board meeting. (Illustration via Pixabay, public domain) Epic Parents SCOTUS Ruling Parental Right$ Help Click Here

Judge’s & Prosecutor’s Jurisdiction– SCOTUS RULINGS on

Prosecutional Misconduct – SCOTUS Rulings re: Prosecutors


Please take time to learn new UPCOMING 

The PROPOSED Parental Rights Amendment
to the US CONSTITUTION Click Here to visit their site

The proposed Parental Rights Amendment will specifically add parental rights in the text of the U.S. Constitution, protecting these rights for both current and future generations.

The Parental Rights Amendment is currently in the U.S. Senate, and is being introduced in the U.S. House.