Use of force (response to resistance) guidance, policies, and data (Redding Police Department)

Beryl Lipton filed this request with the Redding Police Department of Redding, CA.
Multi Request Use of force (response to resistance) guidance, policies, and data
Status
Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to the California Public Records Act, 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.

• Instructions for reporting. Any and all instructions and guidance related to the reporting of uses of force by any member or representative of this agency.

• Forms, coding descriptions, 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.

• Discharge Report 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 appropriately assessed in association with this request, 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: Redding Police Department

To whom it may concern:

This email is in response to yours dated July 29, 2020, requesting records under the California Public Records Act (Gov. Code Section 6250 et seq.).

Based on the sheer breadth of your request and the subsequent need to search for, collect and appropriately examine the voluminous resulting documents, the City of Redding (hereinafter referred to as “City”) has determined it needs up to an additional fourteen (14) days to determine, in whole or in part, whether such records are disclosable public records. Such extension is authorized pursuant to Gov. Code 6253(c). I am also informed, however, that at the present time potentially relevant investigations relating to the requested records may not yet be completed, and the potentially relevant records are still being compiled. To that end, I am unable to review the relevant records to determine whether they are exempt from disclosure.

While the City is continuing to search for and compile the requested documents, your request may contain personally sensitive information that will be redacted from any encompassing documents. In such cases, those records are exempt under Government Code Sections 6254(c) & (i), which protect disclosure of personal records constituting an unwarranted invasion of privacy. Likewise, we would claim exemption for attorney-client privileged materials under Gov. Code Section 6254(k) and any information uncovering the home contact information of any public officials under Gov. Code Section 6254.21. Again, and at this stage, the City is not entirely sure which exemptions and/or exceptions will be raised, if any, and needs additional time for the aforementioned reasons.

Pursuant to subdivision (c) of Government Code section 6254, the City of Redding must extend the time upon which to make a determination as to the exempt status of records for a fourteen (14) day period which will conclude on August 21, 2020. You should expect further correspondence from this office by that time providing information as to whether any public records are exempt from disclosure under the Public Records Act.

Should you have any questions or concerns, please feel free to contact me directly at (530) 225-4050 or at jrbaldwin@cityofredding.org<mailto:jrbaldwin@cityofredding.org>.

Sincerely,

Jacob R. Baldwin
Assistant City Attorney
City of Redding
777 Cypress Ave., Redding, CA 96001
(530) 225-4050
(530) 225-4362 (Fax)
jrbaldwin@cityofredding.org<mailto:jrbaldwin@cityofredding.org>

NOTICE: THIS E-MAIL MAY CONTAIN CONFIDENTIAL INFORMATION THAT IS PROTECTED BY THE ATTORNEY WORK PRODUCT AND/OR ATTORNEY-CLIENT PRIVILEGE. IT IS MEANT TO BE READ ONLY BY THE INTENDED RECIPIENTAND SHOULD NOT BE READ BY ANYONE ELSE. IF YOU RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY TELEPHONING THE SENDER AT (530) 225-4050 AND DELETE/DESTROY THIS E-MAIL. THANK YOU.

From:

Good morning. This email is in response to your PRA requesting Use of Force information. Please see my response as it relates to your individual bullet points:

Bullet point #1, Policies – The Redding Police Department maintains polices are available on our webpage, https://www.cityofredding.org/departments/police-department

Bullet point #2, Instructions for reporting – All instructions and guidance in included in our policy regarding Use of Force

Bullet point #3, Forms, coding descriptions, and other guidance – Attached are screenshots of the program Blue Team used to report use of force. These attachments also include screenshots of the drop down pick lists. Copies of any guidance, requirements, laws, and policies issued by the state and or federal government belong to those respective agencies and may be obtained from those agencies (California DOJ, FBI).

Bullet point #4, Use of Force Data – Attached are copies of the use of force data we have reported to Department of Justice for year 2019. This information is not available in a spreadsheet format. Information you requested that is not collected on our use of force is location, employee number and patrol division or unit. Our officers do not wear body cameras, therefore no video records exist. Disposition information is not required on the forms sent to Department of Justice.

Bullet point #5, Discharge Report Data – This information is not tracked separately, and would be included with the use of force tracking.

Emily Egger
Police Records Supervisor
530-225-4265

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