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CA Supreme Court Will Review Ruling By CA Appeals Court That Names Of Officers In Officer-Involved Shootings Can't Be Withheld Under CA Public Records Act




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(April 19, 2012, updated 10:25 a.m.) -- The CA Supreme Court has granted a Petition for Review (meaning the state's High Court has agreed to hear the case) in which the LB Police Officers Association and the City of Long Beach both sought review of a ruling by a CA Appeals Court that the names of LB police officers involved in officer-involved shootings can't be withheld under the CA Public Records Act.

The case was filed against LB City Hall by the Los Angeles Times.

The CA Supreme Court action granting the Petition for Review is listed in a one-line item among the CA Supreme Court's weekly conference actions of April 18.

As reported on February 8, 2012 by LBReport.com, a CA Court of Appeals panel upheld a trial court ruling that supported a Public Records Act request by the Los Angeles Times which sought the names of LBPD officers involved in the Dec. 2010 Doug Zerby officer-involved shooting and other LBPD officer involved dating back back to 2005.

The LB Police Officers Association initially sought an injunction to prevent LB City Hall from releasing the information. A trial court at first granted the POA a temporary restraining order but ultimately ruled against the POA, declining to issue an injunction preventing release of the information requested. In its opinion, the three judge Appeals Court panel examined the statutory exemptions to release in the Public Records Act and concluded that they don't apply in the circumstances of the case. LBPOA and the City both sought review in the Supreme Court.

Briefs and counter-briefs will be filed and oral arguments will be heard in the coming months. The CA Supreme Court's decision is expected to affect police officers, city, county and state government police agencies and media outlets statewide.



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