Surveillance cameras and the CPRA
Q: A campus policeman in a State University Library claimed I was resisting arrest. He and several other officers piled on top of me, injuring me and then had me thrown in jail. This all happened directly underneath a surveillance camera. I have repeatedly asked for the surveillance tapes but have received only cursory replies from the University’s police officials.
Speaking to the city police, I’ve been told to file a motion with the local superior court. I’m an indigent at present and I’d like to proceed “pro per” to obtain the tapes. How should I proceed?
A: Rather than filing suit, you should first try filing a written request for the tapes under the California Public Records Act (PRA).
You can click on this link to get a template for such a request from the CFAC website: http://www.cfac.org/templates/cpraletter.html
In your written request, you should remind the SJPD that they should make sure they preserve a copy of the tapes from that day, and not tape over it, b/c you’ve put it on notice that you believe you are entitled to the tapes and will seek a court order to obtain a copy, if necessary.
Under the PRA, the SJPD will have 10 days to respond. They either must tell you they will provide you a copy (for which they can only charge you the direct cost of making a copy), or, if they are going to refuse to give you a copy, they must cite a specific exemption in the PRA that allows the PD to withhold the tapes from the public.
If the PD refused to provide a copy, you will then have two options.
You can file a petition in superior court under the PRA for access to the records. You may or may not win, depending on what exemption(s) the PD is relying on (which is hard to analyze until you know what exemptions the PD is citing).
Or you can file a lawsuit against the PD for excessive force, and seek the tapes in discovery. However, you should consult with an attorney knowledgeable in excessive force cases to find out whether you have a legitimate chance to prevail before pursuing this course of action