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Guzman v. City of Los Angeles

United States District Court, C.D. California

March 31, 2017

ESTATE OF NORMA GUZMAN, by and through successor in interest, GLORIA GONZALEZ, individually Plaintiffs,
v.
CITY OF LOS ANGELES, DOE OFFICERS 1 through 5, and DOES 6 through 10, INCLUSIVE, and DOES 1 through 10, Defendants. MARCOS CASTANEDA, et al. Plaintiffs
v.
CITY OF LOS ANGELES, et al. Defendants.

          John A. Kronstadt Judge

          [PROPOSED] PROTECTIVE ORDER RE FID REPORT

          HONORABLE FREDERICK F. MUMM, UNITED STATES MAGISTRATE JUDGE

         TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:

         I. PROTECTIVE ORDER PERSONNEL RELATED DOCUMENTS

         After the Plaintiff ESTATE OF NORMA GUZMAN, by and through successor in interest, GLORIA GONZALEZ, individually, by and through her attorneys of record, Arnold Casillas, Esq. of Casillas & Associates, Plaintiff MARCOS CASTANEDA, individually and as Successor in Interest of Decedent Norma Angelica Guzman; E.C., a minor, by and through his Guardian ad litem MARCOS CASTANEDA, individually, and as Successor in Interest of Decedent Norma Angelica Guzman, by and through successors in interest, MARCOS CASTANEDA and E.C., a minor, by and through his Guardian Ad litem MARCOS CASTANEDA, by and through his attorney Stephen Bernard, Esq. of Bernard & Bernard, and Defendant CITY OF LOS ANGELES, a local public entity, (hereinafter referred to as “Defendants”), by and through their attorneys of record, Michael N. Feuer, City Attorney, Cory M. Brente, Supervising Assistant City Attorney and Christian R. Bojorquez conferred regarding the Production of Personnel Documents - any Complaints of Excessive Force and Discipline for Excessive Force, as well as any Complaints for false statements and/or dishonesty/untruthfulness with respect to the involved Officers and the Force Investigation Division Report, among other items, IT IS HEREBY ORDERED, pursuant to the stipulation of the parties that the following Protective Order, and its terms shall govern documents and things in this matter:

         For purposes of this Order, Confidential Materials include, but are not limited to the following categories:

         1. Requested Force Investigation Division Reports as follows:

a. Force Investigation Division Investigation Records;
b. Any and all documents, interviews, Officer Statements and/or writings created during such Investigation, which include, but are not limited to, the following:

Force Investigation Division Records

• Interviews;
• Officer Statements, whether written or recorded;
• Body Camera Footage;
• Legend w/diagram;
• Pictures - Which coincide with an Officer(s) compelled statement which were intended to reflect the Officer's stated or perception of events;
• Investigative Internal Narrative Memoranda;
• Administrative Documents Regarding Investigation & its Outcome
• All addenda.

         3. GOOD CAUSE STATEMENT

         The Force Investigation Division (hereinafter "FID") of the Los Angeles Police Department and the Internal Affairs and/or Complaint Investigators conduct internal administrative investigations of categorical officer-involved uses of force and internal complaints and external citizen complaints of police misconduct. In this above-captioned matter an FID Investigation was conducted. As a result, the Parties have agreed to this Proposed Protective Order covering the Investigation and its contents. In addition, Personnel Complaint information has also been requested and the Parties have agreed to disclosure of documents as listed in this Protective Order. Defendants contend that a Protective Order is appropriate for the following Good Cause reasons:

         a. Once completed, an investigation report (hereafter “FID” report) and/or Personnel Complaint Investigation is prepared. Such reports are reviewed by appropriate command officers in the Department and by the Board of Police Commissioners. This review has several purposes: (1) to determine whether the involved officers violated any Department policies or procedures; (2) to determine whether administrative discipline and/or retraining of the involved officers is necessary; (3) to ascertain if police policies and procedures in such areas as supervision, training, tactics, policies, etc.; should be modified. In sum, FID reports and/or Personnel Complaint Investigations are an essential aid to providing critical self-evaluation of Department officers and policies and to determine the most effective way to serve the citizens of Los Angeles.

         II. TERMS OF THE ...


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