Investigation into 01/06/21 Assault on Berlinda Nibo • MuckRock

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Communications

From: Tess Owen

07/10/2023

Subject: California Public Records Act Request: Investigation into 01/06/21 Assault on Berlinda Nibo

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To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

All records related to the assault on Berlinda Nibo on Jan. 6, 2021 outside LAPD headquarters, and all records related to the subsequent investigation into that assault.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Tess Owen

From: Los Angeles Police Department

07/10/2023

Subject: Your City of Los Angeles public records request #23-6972 has been opened.

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City of Los Angeles

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Your record request #23-6972 has been submitted successfully.

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From: Los Angeles Police Department

07/11/2023

Subject: [External Message Added] City of Los Angeles public records request #23-6972

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City of Los Angeles

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A message was sent to you regarding record request #23-6972:

Dear Requester,

Your California Public Records Act (CPRA) request was received and will be assigned to a CPRA Analyst.

If you have any further questions, please respond to this email

Respectfully,

LAPD Public Records & Subpoena Response Section, CPRA Unit

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From: Los Angeles Police Department

07/18/2023

Subject: Your City of Los Angeles public records request #23-6972 has been published.

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City of Los Angeles

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Record request #23-6972 has been published and is now available for public view.

From: Los Angeles Police Department

07/18/2023

Subject: Your City of Los Angeles public records request #23-6972 has been closed.

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City of Los Angeles

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Record request #23-6972 has been closed. The closure reason supplied was:

Dear Requester:

We have reviewed your request for “All records related to the assault on Berlinda Nibo on Jan. 6, 2021 outside LAPD headquarters, and all records related to the subsequent investigation into that assault.”

The Department is cognizant of its responsibilities under the Act. It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government. The Act does not mandate disclosure of all documents within the government’s possession. Rather, by specific exemption and reference to other statutes, the Act recognizes that there are boundaries where the public’s right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1. The law also exempts from disclosure records that are privileged or confidential or otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 7927.200; 7927.700; 7923.600-7923.625; 7927.705; and 7922.000.

In accordance with the California Government Code, Sections 7923.600-7923.625, records of investigations conducted by, or investigatory files compiled by, any local police agency for law enforcement purposes are exempt from disclosure. To the extent that records were located, they are either investigatory records themselves or properly part of an investigative file. Therefore, we are denying your request. The requested records may be available in response to a subpoena or court order.

Should any records be located, to the extent the information is recorded and maintained by the Los Angeles Police Department, a summary including the name and occupation of the arrestee, the individual’s physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, all charges the individual is being held upon, as well as a brief description of the circumstances of the arrest can be made available to you upon request.

A preliminary search was conducted for records that may be responsive to your request. We are asking you to provide any additional information regarding the location, booking and/or DR number(s) so that a thorough search for responsive records can be conducted. We are now closing this request. Should you wish to provide us with the required information, please respond to this email and we will reopen your request.

If you have any questions, please respond to this e-mail.

Respectfully,

LAPD Public Records & Subpoena Response Section, CPRA Unit

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