Use of Force and Shift Information
| Tracking # |
22-228 |
| Submitted | Jan. 7, 2022 |
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Communications
From: Michael Topper
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
1. Use of force (UOF) data dating from January 1, 2014 to December 31, 2021. This data should include the case number, incident date, incident time, suspect injured indicator, suspect injury force related info (e.g. Yes or No), suspect age, suspect gender, suspect ethnicity, suspect weapon type, incident area occurred, whether the officer was injured, force type, and most importantly, badge number associated with the officers involved.
2. All police shifts for each employee (identified by badge number) from January 1, 2014, to December 31, 2021. This should include the time of start and end for each shift, the date of the shift, and the corresponding badge number of the employee.
3. Employee demographics for all employees employed from January 1, 2014 to December 31, 2021. All badge numbers linked to the corresponding race, gender, and age if available.
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,
Michael Topper
From: Los Angeles Police Department
City of Los Angeles
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Hi there
Your first City of Los Angeles record request (request number #22-228) has been submitted.
It is currently unpublished and is not available for the general public to view.
Request #22-228.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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Hi there
A message was sent to you regarding record request #22-228:
Dear Requester,
Your California Public Records Act (CPRA) request was received and will be assigned to a Management 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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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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Hi there
A message was sent to you regarding record request #22-228:
Dear Requester:
We have reviewed your California Public Records Act request.
Please be advised that, pursuant to California Government Code Section 6253(c), we have found that “unusual circumstances” exist with respect to the request due to the need to search for, collect, and review the requested records from other Department entities which are separate from the office processing the request. Therefore, our staff will require the statutory fourteen days extension of time in which to respond. A determination concerning your request will be made as soon as possible.
If you have any questions regarding this correspondence, simply respond to this email.
Respectfully,
LAPD Public Records & Subpoena Response Section, CPRA Unit
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Michael Topper
Hello,
I wanted to follow up on this request. On 1/19/22 the staff reported to me that they would need an additional 14 extension to respond. That time has now been fulfilled and was wondering when I can expect a response.
Thanks!
Michael
From: Los Angeles Police Department
City of Los Angeles
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A document has been released for record request #22-228:
* NR 22-228_UOF data.xlsx
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
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NR_22-228_UOF_data
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-228:
Dear Requester:
With regards to your request for use of force data for the time period of October 28, 2021 to December 31, 2021, a search was conducted, and a responsive document has been provided to you.
Please be advised that the following fields are what has been provided: incident date, incident time, case number, suspect injury type description, suspect injuries force related (yes or no), suspect age, suspect gender, suspect ethnicity, suspect weapon type description, incident area occurred, employee injury force related (yes or no), employee injury type description, case status, and case type description.
The Department did not provide Officer badge numbers as they are exempt from disclosure pursuant to Sections 6254(c) and (k) of the Act. Section 6254(c) exempts from disclosure “personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” Section 6254(k), exempts records which are exempt from disclosure under federal or state law, including, but not limited to, provisions of the Penal Code. Penal Code Section 832.7 states that peace officer personnel records and information contained within them are privileged and confidential and cannot be disclosed except through discovery pursuant to Sections 1043 and 1045 of the Evidence Code. [See Penal Code Sections 832.5 and 832.7 and Evidence Code Sections 1043 and 1045]. California case law holds that Evidence Code Section 1043 et seq. is the exclusive means to obtain peace officer personnel records, and as such, they are exempt from the disclosure provisions of the Act. [See City of Hemet v. Superior Court (1995) 37 Cal. App. 4th 1411].
With regards to #3 of your request, we are still collecting the requested records from other Department entities which are separate from the office processing the request. Additionally, we will require time to review the requested records for confidential portions that are exempt from disclosure under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(b); 6254(c); 6254(f); 6254(k); and 6255. We will provide you with a response upon completion of our review. Thank you for your patience and understanding.
With regards to the remainder of your request, please see our communication on February 1, 2022.
If you have any questions, please respond to this email.
Respectfully,
LAPD Public Records & Subpoena Response Section, CPRA Unit
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Michael Topper
Hello,
Thanks for the update. A couple of things. First, I requested use-of-force data from January 1, 2014 to December 31, 2021, while these documents only give me a few months. Can you please update the document to have the requested amount of information?
Second, can you please resend the correspondence from February 1st as I do not seem to have any record of it.
Thank you again for your help.
Michael
From: Los Angeles Police Department
City of Los Angeles
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A message was sent to you regarding record request #22-228:
Dear Requester:
Please be advised that you were provided with Use of Force data that had not been previously provided in an earlier request. For similar responsive records on Use of Force data from January 1, 2014 to October 28, 2021, please visit request number #21-9649.
As per your communication on February 13, 2022, below is our previous communication from February 1, 2022:
We reviewed your request for:
1. Use of force (UOF) data dating from January 1, 2014 to December 31, 2021. This data should include the case number, incident date, incident time, suspect injured indicator, suspect injury force related info (e.g. Yes or No), suspect age, suspect gender, suspect ethnicity, suspect weapon type, incident area occurred, whether the officer was injured, force type, and most importantly, badge number associated with the officers involved.
2. All police shifts for each employee (identified by badge number) from January 1, 2014, to December 31, 2021. This should include the time of start and end for each shift, the date of the shift, and the corresponding badge number of the employee.
3. Employee demographics for all employees employed from January 1, 2014 to December 31, 2021. All badge numbers linked to the corresponding race, gender, and age if available.
Your request was made under the California Public Records Act (the Act). 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 6254(b); 6254(c); 6254(f); 6254(k); and 6255.
With regards to #1 of your request, the records you are seeking have been previously provided in another request (see: https://lacity.nextrequest.com/requests/21-9649) for Use of Force data for time period January 1, 2014 to October 28, 2021.
Please be advised that the following fields are what has been provided: incident date, incident time, area occurred, case number, suspect ethnicity, suspect age, suspect gender, suspect injuries force related (yes or no), suspect injury type description, suspect weapon type description, employee ethnicity, employee injuries force related (yes or no), employee injury description, incident area occurred, employee unit description, force type description, and finding type.
The Department did not provide Officer badge numbers as they are exempt from disclosure pursuant to Sections 6254(c) and (k) of the Act. Section 6254(c) exempts from disclosure “personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” Section 6254(k), exempts records which are exempt from disclosure under federal or state law, including, but not limited to, provisions of the Penal Code. Penal Code Section 832.7 states that peace officer personnel records and information contained within them are privileged and confidential and cannot be disclosed except through discovery pursuant to Sections 1043 and 1045 of the Evidence Code. [See Penal Code Sections 832.5 and 832.7 and Evidence Code Sections 1043 and 1045]. California case law holds that Evidence Code Section 1043 et seq. is the exclusive means to obtain peace officer personnel records, and as such, they are exempt from the disclosure provisions of the Act. [See City of Hemet v. Superior Court (1995) 37 Cal. App. 4th 1411].
However, for the sake of transparency the employee’s ethnicity and unit description have been provided.
With regards to Use of Force data for the time period of October 28, 2021 to December 31, 2021 and #3 of your request, please be advised that, pursuant to California Government Code Section 6253(c), we are still searching for, collecting, and/or reviewing the requested records. Should any records be located we will require time to review the requested records for confidential portions that are exempt from disclosure under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(b); 6254(c); 6254(f); 6254(k); and 6255. We will provide you with a response upon completion of our review. Thank you for your patience and understanding.
With regards to #2 of your request, please note that in order for the Department to provide the requested data, the Department would have to take affirmative steps to locate all potentially responsive documents, related to sworn personnel, and then manually review and extract the specific information that is being sought. Due to the amount of time it would take to do so and based on the same need to retain confidentiality of certain information, the request is unduly burdensome as interpreted by the courts under the "public interest" provision of Government Code Section 6255 of the California Public Records Act. Similarly, the Department asserts the exemption due to our belief that disclosure of this information to the public has the potential to endanger the operation of the Department and the safety of its officers and the public. Therefore, we are denying this portion of your request.
If you have any questions, please respond to this email.
Respectfully,
LAPD Public Records & Subpoena Response Section, CPRA Unit
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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A document has been released for record request #22-228:
* NR22-228_Employee Demographics_2014-2021.xlsx
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
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NR22-228_Employee_Demographics_2014-2021
From: Los Angeles Police Department
City of Los Angeles
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Record request #22-228 has been closed and published. The closure reason supplied was:
Dear Requester:
With regards to #3 of your request, a search was conducted, and a responsive document has been provided to you.
With regards to the remainder of your request, please see our communications on February 1, February 10, and February 14, 2022.
If you have any questions, please respond to this email.
Respectfully,
LAPD Public Records & Subpoena Response Section, CPRA Unit
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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A document has been released to you for record request #22-228:
* NR22-228_Employee Demographics_2014-2021.xlsx
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
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NR22-228_Employee_Demographics_2014-2021
From: Los Angeles Police Department
City of Los Angeles
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A document has been released for record request #22-228:
* NR22-228_Employee Demographics_2014-2021.xlsx
************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Los Angeles.<br><em>Technical support:</em> See our <a href="https://www.nextrequest.civicplus.help/hc/en-us/categories/17720084172567-Requesters">help page</a>
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NR22-228_Employee_Demographics_2014-2021