New York Times Co. v. Superior Court

Here we hold that, under the California Public Records Act (Gov. Code, § 6250 et seq.), the sheriff is required to disclose the names of peace officers who fired shots at a citizen. We shall grant a writ of review.

On November 14, 1995, deputies from the Santa Barbara County Sheriff’s Department participated in a firefight in the unincorporated community of Orcutt. In the fight, five of the deputies fired their weapons. Robert Cumow, a private citizen, was killed in this engagement.

Jim Thomas, Sheriff of Santa Barbara County, pursuant to departmental procedure, conducted an internal investigation of the incident and ascertained the names of the five deputies who had fired their weapons. Copies of the investigative reports were placed by the sheriff into the personnel files of each of those deputies.

On December 8, 1995, petitioner New York Times Company, doing business as Santa Barbara News-Press, made a request under the California Public Records Act that the sheriff disclose the names of the deputies who had fired their weapons at the late Mr. Cumow.

The sheriff agreed to provide the News-Press with the names of all deputies who were present at the crime scene, but…