Use of force (response to resistance) guidance, policies, and data (Los Angeles Police Department)
| Tracking # |
20-5369 |
| Multi Request | Use of force (response to resistance) guidance, policies, and data |
| Submitted | Aug. 5, 2020 |
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Communications
From: Beryl Lipton
To Whom It May Concern:
Pursuant to the Florida Sunshine Law, I hereby request the following records related to this agency's policies on and reporting of uses of force and responses to resistance:
POLICIES
Any and all policies guiding appropriate and inappropriate uses of force by any member or representative of this agency. These may also include “Response to Resistance” policies and similar guidance.
Please also provide all policies regarding the use of lethal, less-lethal, and non-lethal weapons (for example: TASERs pepper ball guns, rubber bullets, gases, sprays, water, etc.), including all policies regarding borrowing, accessing, or assuming responsibility for such weapons, tools, and ammunition.
Please also provide all policies or guidance related to reporting or tracking discharges from or uses of such weapons, as well as any other applicable policies or directives related to the acquisition, use, and reporting of weapons or tools.
Please also provide all policies and guidance used to evaluate any use of force or adjudicate administrative and internal investigations into any use of force or weapon discharge.
REPORTING GUIDANCE
Any and all instructions and guidance related to the reporting of uses of force by any member or representative of this agency.
FORMS, CODES, and OTHER GUIDANCE
All forms, codes, guides, and guidance used in the reporting and review of uses of force or weapons, including:
Any list of codes or definitions for terms or tags used in the reporting, collection, or review of uses of force.
A blank version of each form, log, and other documentation used to report or track uses of force by this agency.
A blank version of each form, log, and other documentation used to report or track the borrowing or use of lethal, less-lethal, and non-lethal weapons
A blank version of each form, log, and other documentation used to report or track any discharge of force from firearms, tools, or weapons employed by this agency
A copy of any guidance, requirements, laws, and policies issued by the state, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons
A copy of any guidance, requirements, laws, and policies issued by the federal government, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons
USE OF FORCE DATA
For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on the each use of force by representatives of this agency, including but not limited to:
Date, time: The date (month, day, year) and time of the incident
Location: Street address, block, and other relevant location information
Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident
Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit
Incident details: incident or other unique identification number for the use of force incident
Type of force details: a description of each type of force used
Body camera or other footage: Inventory of any video record was created of the incident and/or a copy of the captured footage from all present cameras
Disposition of investigation into the incident: The current or final status of each use of force incident, including whether challenges to the use of force were sustained or dismissed or if the incident had no or is currently under investigation
Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.
EQUIPMENT DISCHARGE DATA
For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on each discharge of a firearm and other weapons by representatives of this agency, including but not limited to:
Date, time: The date (month, day, year) and time of the incident
Location: Street address, block, and other relevant location information
Incident description and details
Tool or weapon used, including any unique identifier or identification number
Number of discharges
Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident
Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit
Type of force details: a description of each type of force used
Disposition or status of any investigation or follow-up review of the incident
Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.
If any portion of materials responsive to this request should be deemed unavailable or non-disclosable, please specifically identify the portions of the records or the specific information that is unavailable and the reason for the unavailability.
If any portion of this request is unclear or if this request could be modified to reduce the burden of producing responsive documents or provide them more efficiently or expeditiously, please reply with a request for clarification or a proposed modification.
This request is being made by a reporter as part of a journalistic investigation. It is being submitted as part of a project to better understand uses of police force nationwide, which has been of public interest for many years and which is of particular interest to large new swaths of the public following the widely-seen death of George Floyd and the First Amendment-protected demonstrations and public discussion that have followed.
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,
Beryl Lipton
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 #20-5369) has been submitted.
It is currently unpublished and is not available for the general public to view.
Request #20-5369.
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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://www.nextrequest.com/support'>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 #20-5369:
Dear Requester:
The Department continues to process CPRA requests as they come in during the COVID-19 public health crisis, and will endeavor to do so in a timely manner. While the Department will be making every effort to comply with its statutory obligations, due to the COVID-19 crisis and the City and Department's efforts to tackle its effects, the actual production of records responsive to your request (if any) may be delayed if Department resources are needed to perform critical functions or are constrained due to the pandemic. The Department greatly appreciates your patience during this difficult time, as the entire community and nation deals with this unusual and serious situation. During this crisis, the Department would also ask that requesters consider postponing the submission of any requests that can wait until after the immediate crisis has abated.
If you have any questions, please respond to this e-mail.
Respectfully,
LAPD Discovery 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://www.nextrequest.com/support'>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 #20-5369:
Dear Requester:
I have reviewed your California Public Records Act request.
Please be advised that, pursuant to California Government Code Section 6253(c), I 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, my 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 Discovery 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://www.nextrequest.com/support'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
************************************************************************
Hi there
A message was sent to you regarding record request #20-5369:
Dear Requester:
Please be advised that the Department continues to search for, identify, and/or review responsive records and will respond as soon as practicable. Thank you for your continued patience.
Respectfully,
LAD Discovery, 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://www.nextrequest.com/support'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
************************************************************************
Hi there
A message was sent to you regarding record request #20-5369:
Dear Requester:
Please be advised that the Department continues to search for, identify, and/or review responsive records and will respond as soon as practicable. Thank you for your continued patience.
Respectfully,
LAD Discovery, CPRA Unit
************************************************************************
<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://www.nextrequest.com/support'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
************************************************************************
Hi there
A message was sent to you regarding record request #20-5369:
Dear Requester:
Please be advised that the Department continues to search for, identify, and/or review responsive records and will respond as soon as practicable. Thank you for your continued patience.
Respectfully,
LAD Discovery, CPRA Unit
************************************************************************
<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://www.nextrequest.com/support'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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Hi there
Record request #20-5369 has been closed and published. The closure reason supplied was:
Dear Requester:
We reviewed your request for:
POLICIES
* Any and all policies guiding appropriate and inappropriate uses of force by any member or representative of this agency. These may also include “Response to Resistance” policies and similar guidance.
* Please also provide all policies regarding the use of lethal, less-lethal, and non-lethal weapons (for example: TASERs pepper ball guns, rubber bullets, gases, sprays, water, etc.), including all policies regarding borrowing, accessing, or assuming responsibility for such weapons, tools, and ammunition.
* Please also provide all policies or guidance related to reporting or tracking discharges from or uses of such weapons, as well as any other applicable policies or directives related to the acquisition, use, and reporting of weapons or tools.
* Please also provide all policies and guidance used to evaluate any use of force or adjudicate administrative and internal investigations into any use of force or weapon discharge.
REPORTING GUIDANCE
* Any and all instructions and guidance related to the reporting of uses of force by any member or representative of this agency.
FORMS, CODES, and OTHER GUIDANCE
* All forms, codes, guides, and guidance used in the reporting and review of uses of force or weapons, including:
* Any list of codes or definitions for terms or tags used in the reporting, collection, or review of uses of force.
* A blank version of each form, log, and other documentation used to report or track uses of force by this agency.
* A blank version of each form, log, and other documentation used to report or track the borrowing or use of lethal, less-lethal, and non-lethal weapons
* A blank version of each form, log, and other documentation used to report or track any discharge of force from firearms, tools, or weapons employed by this agency
* A copy of any guidance, requirements, laws, and policies issued by the state, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reporting uses of force or weapons
* A copy of any guidance, requirements, laws, and policies issued by the federal government, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reporting uses of force or weapons
USE OF FORCE DATA
* For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on the each use of force by representatives of this agency, including but not limited to:Date, time: The date (month, day, year) and time of the incidentLocation: Street address, block, and other relevant location informationSubject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incidentOfficer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unitIncident details: incident or other unique identification number for the use of force incidentType of force details: a description of each type of force usedBody camera or other footage: Inventory of any video record was created of the incident and/or a copy of the captured footage from all present camerasDisposition of investigation into the incident: The current or final status of each use of force incident, including whether challenges to the use of force were sustained or dismissed or if the incident had no or is currently under investigation
EQUIPMENT DISCHARGE DATA
* For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on each discharge of a firearm and other weapons by representatives of this agency, including but not limited to:Date, time: The date (month, day, year) and time of the incidentLocation: Street address, block, and other relevant location informationIncident description and detailsTool or weapon used, including any unique identifier or identification numberNumber of dischargesSubject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incidentOfficer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unitType of force details: a description of each type of force usedDisposition or status of any investigation or follow-up review of the incident
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.
Please be advised that the Los Angeles Police Department is unable to search for records in the custody and control of another Department or State. Please visit the Florida Department of Law Enforcement website (see: https://www.fdle.state.fl.us/OGC/Public-Records.aspx) for further information.
With regards to your request for any polices and reporting guidance, the main LAPD website (see: http://lapdonline.org/detective_bureau/content_basic_view/62285) contains all policies and procedures for use of force, as well as the use of lethal, less-lethal, and non-lethal weapons. Additionally, the Department has created separate pages related to inquiries on crowd management, intervention, and control (see: http://www.lapdonline.org/police_commission/content_basic_view/66657) and on inquiries relating to LAPD training and practice (see: http://lapdonline.org/police_commission/content_basic_view/66647). Furthermore, the main LAPD website (see: https://www.lapdonline.org/lapd_manual/) has the entire Department manual, which contains general provisions, policy, organizations and functions, management rules and procedures, line procedures, and clerical operations.
With regards to your request for all forms, codes, guides, and guidance used in the reporting and review of uses of force or weapons, a search was conducted, and the responsive documents have been provided to you. This includes a list of codes/definitions, critical incident guidance, and blank versions of each form used to report/track uses of force, the borrowing or use of lethal/less-lethal/non-lethal weapons, and any discharge from firearms/tools/weapons.
With regards to your request for a copy of any guidance, requirements, laws, and policies issued by the state, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reporting uses of force or weapons, the main LAPD website provides training and policies pursuant to Senate Bill 230 (see: http://lapd-assets.lapdonline.org/assets/pdf/SB230_Revised.pdf) and revisions to the Use of Force policy (http://lapd-assets.lapdonline.org/assets/pdf/sb230.pdf) with regards to conforming to the new law.
With regards to your request a copy of any guidance, requirements, laws, and policies issued by the federal government, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reporting uses of force or weapons, the main LAPD website (see: http://lapd-assets.lapdonline.org/assets/pdf/final_consent_decree.pdf) has a copy of the Consent Decree issued by the Department of Justice, as well as the mental illness project (see: http://lapd-assets.lapdonline.org/assets/pdf/consent_decree_mental_ill_append.pdf) and its supplemental report (see: http://lapd-assets.lapdonline.org/assets/pdf/consent_decree_mental_ill_supp_rpt.pdf).
With regards to your request for use of force and equipment discharge data, a responsive document has been provided to you. Please be advised that the following fields are what has been provided to you: case number, incident date, incident time, suspect injuries (yes or no), suspect injuries force related (yes or no), suspect age, suspect gender, suspect ethnicity, suspect weapon, incident area occurred, employee injuries (yes or no), shot quantity, and force type
The Department did not provide type of suspect injuries, address, any unique identifier or number for tools or weapons used, or arrests and charges associated with any incident, as it is exempt from disclosure under Government Code Sections 6254(c) and (k), and Penal Code Section 832.7(a). However, for the sake of transparency we have provided the Area that the incident occurred, whether the suspect was injured or not, whether the injury was a result of the use of force or not, and the suspect weapon type (if applicable).
Additionally, the Department did not provide officer demographics, type of officer injury, or department adjudication. Section 6254(c) exempts from disclosure “personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” However, for the sake of transparency we have provided whether the officer was injured or not.
Furthermore, the Department did not provide incident numbers, incident descriptions or details, or body cam or surveillance footage. Section 6254(f) exempts from disclosure any records of investigations conducted by, or investigatory files compiled by, any local police agency for law enforcement purposes, including video evidence. However, the main LAPD website (see: http://lapdonline.org/use_of_force) has a catalog of use of force incidents from 2017 to the Present. As well as a Use of Force year-end review (see: http://lapdonline.org/detective_bureau/content_basic_view/62285).
If you have any questions, please respond to this email.
Respectfully,
LAPD Discovery 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://www.nextrequest.com/support'>help page</a>
From: Los Angeles Police Department
City of Los Angeles
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Hi there
A document has been released for record request #20-5369:
* NextRequest 20-5369 - Final.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://www.nextrequest.com/support'>help page</a>
-
NextRequest2020-536920-20Final.xlsx
From: Los Angeles Police Department
City of Los Angeles
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Hi there
Documents have been released for record request #20-5369:
* 1.67.04_noncat_uof_internal.pdf
* 1.67.05_noncat_uof_report.pdf
* 03_14_00_follow up invest.pdf
* 15.07.00_employee report.pdf
* 15.48.00 sergeants daily report.pdf
* Form 214_activity log.pdf
* 1.67.03_use of force summary.pdf
* 1.67.08 officerinvolved firearm discharge.pdf
* 3.20.00_discharge of firearm.pdf
* 15.65.00 equipment signout.pdf
* 15.66.00_vehicle and equipment assignment.pdf
* abbreviationsfieldnotebook.pdf
* CIRDmanual.pdf
* Form 218_vehicle_equipment inventory.pdf
* tasercheckout.pdf
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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://www.nextrequest.com/support'>help page</a>
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