Request #8835

This is a request under the California Public Records Act by the Institute for Justice, a non-profit organization in Arlington, Virginia. From my initial research, I believe the records I am requesting below are in the City Clerk's office, but please let me know if I need to contact a different office or person for these records.

Please provide copies of the following records created, updated, or edited from January 1, 2015, to the present. Please email electronic copies to passonm@ij.org in machine-readable format where possible:

1. All records of claims filed against the City of Garden Grove or the Garden Grove Police Department by individuals alleging their property was damaged during law enforcement actions conducted by the Garden Grove Police Department.
Specifically, the types of records we are requesting include:

• Any records of the amount of compensation requested and the claimants’ own descriptions of the incidents that led to property damage. These records include actual claim forms, ante litem notices, letters, or emails submitted by claimants or spreadsheets that contain claimants’ requested compensation amounts and their own descriptions of the incidents.
• Records of the compensation decisions for such claims, including whether the claim was denied, paid (including the payment amount), or settled (including the settlement amount).
• If possible, please provide all records—whether they are claim forms, claim decision letters to claimants, spreadsheets, or all of these—in machine-readable format and include any existing documents that explain any variables or column headers found in the spreadsheets.
• Whenever possible, records should contain the date the claim was filed, the amount of compensation requested, the claimants’ descriptions of the incidents, the compensation decisions and amounts, and the dates the claims were decided and paid.

The types of law enforcement actions we are interested in include:
• Strategic weapons and tactics (SWAT) raids.
• Other types of tactical response deployments, such as those performed by Special Emergency Response Teams (SERT), Emergency Response Teams (ERT), Special Response Teams (SRT), Emergency Services Units (ESU), or other special tactical units.
• Warrant service (search or arrest warrants).
• Incidents in which a claimant alleges their property was damaged by law enforcement during their pursuit and/or apprehension of a suspect (examples include but are not limited to a property owner’s fence being destroyed by law enforcement as they pursued a suspect or a person’s tires being damaged by spike strips deployed by law enforcement to stop a different person’s car).

We are not interested in:
• Claims of damages from traffic accidents involving law enforcement unrelated to the pursuit of a suspect.
• Claims of damages occurring during a wellness check.
• Claims of bodily injury.
• Claims of general police misconduct.
• Claims alleging a person’s property was lost by law enforcement officers.

If claims cannot be segregated in this manner, we will accept all property damage claims (and the compensation decisions made regarding those claims) against the government.

2. Any documents that include guidance for government officials on how to make claims compensation decisions. If possible, please provide all records in machine-readable format.

When searching for records and providing invoices, please address the two main items above discretely, as though each item is an individual public records request. As the requested information will not be used for commercial purposes and due to our status as a 501(c)(3) nonprofit organization that informs the public about the operations and activities of public governmental bodies, I request that any fees associated with this request be waived or reduced. If you do elect to charge fees and those fees are greater than $50, please first contact me with an estimate.

I can be reached at (703) 682-9323 ext. 296 or passonm@ij.org to address any questions you might have. For record-keeping purposes, please confirm receipt of this request.

Thank you for your help,
Megan Passon