Darren Chaker Prevails on Public Records Lawsuit

Introduction: In a significant legal battle for police accountability, Darren Chaker recently achieved a notable victory against the City of San Diego. This article explores the details of the case, shedding light on the City's violation of the California Public Records Act (CPRA) and the subsequent legal actions taken by Chaker.

Challenging Police Conduct: On June 11, 2020, an incident unfolded in La Jolla, California, where police stopped a female relative of Mr. Darren Chaker during her evening walk in a local park. The officers demanded her identification without a clear reason, leading to an unsettling encounter. The situation escalated as the woman, not carrying any identification, refused to comply and requested to speak with a supervising officer. In response, the police forcibly handcuffed her, causing physical distress during an approximately half-hour-long arrest. It was only after they learned of her professional background as an attorney with experience in the federal judiciary and United States Congress that the police released her without explanation.

Seeking Accountability: As a litigation support specialist and administrator for a police residential address database, Mr. Chaker recognized the questionable tactics used by the officers during this "stop and identify" encounter. It is essential to note that refusing to identify oneself to the police is not illegal, as affirmed by the United States Supreme Court in Lawson v. Kolender, 658 F.2d 1362 (9th Cir.1981), aff'd., 461 U.S. 352 (1983).

Darren Chaker's Actions: In his pursuit of justice for his relative, Mr. Chaker invoked the California Public Records Act (CPRA). He filed a request to obtain the names of the involved officers and all officers within the police subdivision responsible for La Jolla. However, the San Diego police refused to disclose any officer names. In response, Mr. Chaker enlisted the assistance of attorneys specialized in public record litigation, leading to the filing of a lawsuit titled "Darren Chaker v. City of San Diego" in the San Diego Superior Court (Case No. 27-2020-00031074).

Legal Victory and Implications: The attorney representing the City of San Diego quickly recognized Mr. Chaker's right to access the requested records. However, instead of providing approximately 100 names as initially requested for the specific police subdivision, the City had to release over 1,000 names encompassing its entire police department. This legal victory compelled the City of San Diego to cover Mr. Chaker's attorney fees, marking his ninth First Amendment triumph.

Conclusion: Darren Chaker's recent legal success highlights the importance of transparency and accountability within law enforcement. It underscores the significance of individuals like Chaker who are dedicated to upholding civil liberties and ensuring that the California Public Records Act is enforced properly, ultimately serving as a beacon for police accountability and First Amendment rights.