Richardson v. Los Angeles County Sheriff's Dept. CA2/4

INTRODUCTION

Respondent Los Angeles Sheriff’s Department (LASD) listed appellant Anthony Richardson (Richardson) as a suspected gang member in a database shared by other law enforcement agencies. Richardson filed a petition to have his name removed, which the trial court granted. Richardson then moved for an award of attorney’s fees under Code of Civil Procedure section 1021.5. The trial court denied that motion. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

CalGang is a database of information on suspected gang members, shared among law enforcement agencies across the state of California. If a citizen is listed in CalGang, they may receive negative notations on housing and employment background checks, among other adverse consequences. For non-citizens, inclusion in CalGang may be a basis of deportation. To ensure the accuracy of the database, and to protect anyone who should not be listed there, the legislature enacted Penal Code sections 186.34-186.36. Those statutes require law enforcement to notify any person they include in CalGang, and to give that person a chance to contest their inclusion. (Pen. Code, § 186.34.) The statutes also provide that if the law enforcement…