First Amendment Coalition v. County of San Diego, Summer Stephan, in her official capacity as the District Attorney for the County of San Diego, and Does 1-10
Published: Jan. 17, 2020 | Result Date: Oct. 16, 2019 | Filing Date: Jul. 27, 2018 |Case number: 37-2018-00037504-CU-WM-CTL Settlement – $97,500
Judge
Court
San Diego County Superior Court
Attorneys
Plaintiff
Jean-Paul Jassy
(Jassy, Vick & Carolan LLP)
Kevin L. Vick
(Jassy, Vick & Carolan LLP)
Elizabeth H. Baldridge
(Jenner & Block LLP)
David E. Snyder
(First Amendment Coalition)
Glen A. Smith
(First Amendment Coalition)
Defendant
Timothy M. White
(Office of the San Diego County Counsel)
Facts
First Amendment Coalition petitioned the San Diego County Superior Court to command the County of San Diego and Summer Stephan, the District Attorney for the County of San Diego, to comply with the California Public Records Act and Article 1, Section 3(b) of the California Constitution.
Contentions
PETITIONER'S CONTENTIONS: Petitioner sought disclosure of public records relating to sexual harassment and sexual misconduct claims made against employees of the San Diego County District Attorney's Office. Petitioner argued that the public was entitled to see and understand how the District Attorney's Office investigates misconduct by its employees and to see how it handles violations of the rules and regulations of the Office and California law. Petitioner contended that the County's refusal to provide the public records sought violated the CPRA and the California Constitution.
RESPONDENTS' CONTENTIONS: Respondents denied the allegations. Respondents contended that petitioner could be provided with summaries rather than actual documents relating to sexual harassment and sexual misconduct claims made against employees of the San Diego County District Attorney's Office.
Result
The County agreed to pay $97,500 to settle First Amendment Coalition's allegations. Additionally, the court ordered the DA for the County to release some of the records First Amendment Coalition sought, while permitting the DA to redact or withhold various records based on CPRA exemptions.
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