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CPRA request for name of PAPD officer who deployed a taser in the William Raff police killing

From: domainremoved <Aram>
Date: Wed, 6 Jan 2016 21:44:31 -0800

> 1/6/2016
>>
>> California Public Records Act request
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>> The names of officers who deploy their weapons during a deadly force incident should, upon appropriate request, be released to the public....
>>
>> (1) Pursuant to the CPRA (California Public Records Act) and Long Beach Police Officers Association v. City of Long Beach et al., 59 Cal. 4th 59 (2014), I am requesting the name of the Palo Alto police officer who deployed his/her taser on the night of December 25, 2015, during a fatal officer involved shooting, and taser deployment, that resulted in the death of William Raff, age 31. Said incident, resulting in the death of Mr. Raff, occurred outside the La Selva residential mental health facility, located at 652 Forest Avenue, in Palo Alto, California.
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>> (2) Additional Case authority that informs this request, for the name of the officer who deployed his/her taser, in the above referred to incident includes:
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>> a. Commission on Peace Officer Standards and Training, Petitioner, v. The Superior Court of Sacramento County, Respondent; Los Angeles Times Communications LLC, Real Party in Interest 42 Cal. 4th 278. (2007)
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>> b. Language in Commission on Peace Officer Standards, that is instructive re this CPRA request, includes the following:
>> “The public’s interest in the qualifications and conduct of peace officers is substantial, a circumstance that both diminishes and counterbalances any expectation officers may have that their names and employment as peace officers will be confidential. Peace officers “hold one if not the most powerful positions in our society; our dependence on them is high and the potential for abuse of power is far from insignificant.” (City of Hemet v. Superior Court (1995) 37 Cal App. 4th 1411, 1428. A police officer “possess both the authority and the ability to exercise force. Misuse of this authority can result in significant deprivation of constitutional rights and personal freedoms, not to mention bodily injury and financial loss. “(Gray v. Udevitz (10th Cir. 1981)656 F. 2nd 588,591.)

>> (3) See Also: New York Times v. Superior Court (Thomas) 52 Cal App 4th 97 (1997) for additional compelling language, supporting this CPRA request:
>>
>> a. “We conclude that the public interest here outweighs the right of the deputies to have their names withheld. Law enforcement officers carry upon their shoulders the cloak of authority to enforce the laws of the state. In order to maintain trust in its police department, the public must be kept fully informed of the activities of its peace officers.  (Bradbury v. Superior Court (1996) 49 Cal.App.4th 1108.  Disclosure is all the more a matter of public interest when those officers use deadly force and kill a suspect.” Note: New York Times v. Superior Court (Thomas) was overruled on other grounds in Copley Press v Superior Court ( County of San Diego) 39 Cal 4th 1272( 2006) .
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>> (4) Note: The only information requested, pursuant to this CPRA request, is the name of the officer. We are specifically not asking for the officer’s discipline records, personnel file, or any other confidential matters related to this officer’s employment.
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>> Sincerely,

>> Aram James
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Received on Wed Jan 06 2016 - 21:48:01 PST

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