Rosales

Rosales v. City of Los Angeles

Good Law
2000 Cal. App. LEXIS 572·2000 Daily Journal DAR 7987·82 Cal. App. 4th 419·98 Cal. Rptr. 2d 144·2000 Cal. Daily Op. Serv. 6076
Court of Appeal of CaliforniaJuly 19, 2000B134358California4,311 words

Opinion

Opinion

Weisman, J.

We are called upon in this case to decide whether a violation of the statutory procedures governing disclosure of police personnel records gives rise to a private cause of action by the police officer whose records were improperly disclosed. We hold that violation of such procedures does not give rise to a private cause of action and therefore affirm the trial court’s judgment of dismissal of the officer’s action.

Procedural Background

On May 3, 1999, plaintiff and appellant John Rosales (Rosales), a former Los Angeles Police Department (LAPD) officer, filed this action against the City of Los Angeles (City) and Los Angeles Deputy City Attorney Amy Sopuch (Sopuch), seeking damages for the City’s improper disclosure of his police personnel files. The personnel files were disclosed as part of discovery compliance in a civil suit previously filed on behalf of an underage female police Explorer Scout who alleged that Rosales engaged in inappropriate sexual conduct with her in his capacity as a police officer. The City was a defendant in the lawsuit filed by the Explorer Scout. Sopuch represented the City in the action filed by the Explorer Scout. Pursuant to a discovery…

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