Younger

Younger v. Berkeley City Council

Good Law
119 Cal. Rptr. 830·1975 Cal. App. LEXIS 1734·45 Cal. App. 3d 825
Court of Appeal of CaliforniaMarch 7, 1975Civ. 34818California2,526 words

Opinion

Opinion

Weinberger, J.

Respondent, as Attorney General of the State of California, filed a complaint for declaratory and injunctive relief to which appellants demurred and filed an answer. The Superior Court, in and for the County of Alameda, overruled the demurrer and, after a hearing, granted declaratory relief and issued a permanent injunction. This appeal is from the order and permanent injunction entered.

At issue is the validity of Resolution No. 45,653-N.S. (hereinafter “Resolution”) of the Berkeley City Council which purports to establish a procedure under which citizens or residents of the City of Berkeley may obtain access to their state arrest records contained in the files of the Berkeley Police Department. The Resolution also purports to establish á procedure under which any Berkeley resident may challenge the accuracy of any entries on his state arrest records, whether or not such entries were based upon arrest data supplied by the Berkeley Police Department. In their demurrer appellants represented that they had interpreted the Resolution to permit challenges only to Berkeley Police Department entries, which representation was accepted by respondent, who also conceded that the…

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