Arcelona

Arcelona v. Municipal Court

Good Law
113 Cal. App. 3d 523·169 Cal. Rptr. 877·1980 Cal. App. LEXIS 2567
Court of Appeal of CaliforniaDecember 18, 1980Civ. No. 48625California2,079 words

Opinion

Lead Opinion

Racanelli, J.

*527 Opinion

This is a proceeding for writ of mandate to compel discovery of certain police records. Petitioners Robert Arcelona, Anthony D. Bishop, Robert A. Firestine, Gabriel A. Griego, Kenneth Lundgreen, Peter Plate, Paul Charles Stevens and David A. Waddle have been charged in various felony actions with acts committed on the night of May 21-22, 1979, during a civil disturbance which followed the announcement of the jury verdict in the trial of former San Francisco Supervisor Dan White for the killings of Mayor George Moscone and Supervisor Harvey Milk. On October 23, 1979, petitioner Lundgreen filed a motion seeking discovery of information contained in the police personnel files of the arresting officers, David Fontana and Charles Warren, including any citizen complaints against those officers of use of excessive force or aggressive conduct or bias against homosexuals. Soon after petitioner Lundgreen filed his motion, the remaining petitioners filed similar motions. A hearing was held before the municipal court at which the parties agreed that the court would dispose of all the motions on the basis of petitioner Lundgreen’s “representative” motion.

Petitioner Lundgreen’s…

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