STIPULATION AND (PROPOSED) ORDER RE: OFFICER CITIZEN COMPLAINT

ALLISON CLAIRE, Magistrate Judge.

The parties, by and through their counsel of record, hereby stipulate and agree to the following:

1. This is a civil rights case involving allegations of unreasonable seizure, excessive force, unlawful arrest, and malicious prosecution of Plaintiff, Carl Edwards, against multiple City of Vallejo police officers, Monell and supervisory liability claims against the City of Vallejo and its former police chief, and related state law claims.

2. In an amended response to Plaintiff's Request for Production of Documents, the City of Vallejo agreed to produce the Defendant officers' citizen complaint records, except as to a citizen complaint concerning allegations of excessive force by one of the defendant officers involving the arrest of a minor. The investigatory records related to the citizen complaint include, among other things, photographs of the minor, a copy of the police report and arrest record for the incident underlying the citizen complaint. The City of Vallejo believes the records are prohibited from disclosure pursuant to California Welfare & Institutions Code § 827.9.

3. While Plaintiff recognizes the sensitive nature and privacy expectation involved in records pertaining to minors, the citizen complaint involving the minor is relevant to Plaintiff's allegations against the defendant officer for excessive use of force and its Monell claim against the City of Vallejo.

4. If permitted by court order, the Defendants are agreeable to producing the complete Internal Affairs investigation records related to the citizen complaint involving the minor, and subject to the parties' existing Protective Order (Docs. 19, 20).

5. Plaintiff agrees that the records will only be used in connection with this case and for no other purposes, pursuant to the above Protective Order.

IT IS SO STIPULATED.

PROPOSED ORDER

Pursuant to the above stipulation and California Welfare & Institutions Code § 827.9, Defendants are hereby ordered to disclose the identified records to Plaintiff's counsel. Such records are confidential and subject to the Protective Order in this case and may not be used for any other purpose.

SO ORDERED.