Association for L.A. Deputy Sheriffs v. Superior Court

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The Pitchess statutes, which require a criminal defendant to file a written motion that establishes good cause for the discovery sought, does not violate constitutional due process. In this case, the LASD created a so-called "Brady" list of deputies whose personnel files contain sustained allegations of misconduct allegedly involving moral turpitude or other bad acts relevant to impeachment. The Court of Appeal agreed with the trial court that injunctive relief was proper in this case, but disagreed with its analysis of the constitutional question presented and thus with the limited scope of the injunction ordered. The court granted in part the petition for writ of mandate and modified the preliminary injunction. The trial court must strike from the injunction any language that allows real parties or any of them to disclose the identity of any individual deputy on the LASD's Brady list to any individual or entity outside the LASD, even if the deputy is a witness in a pending criminal prosecution, absent a properly filed, heard, and granted Pitchess motion, accompanied by a corresponding court order. The trial court must also strike any language that purports to address real parties' power or authority with respect to a Brady list involving non-sworn employees. View "Association for L.A. Deputy Sheriffs v. Superior Court" on Justia Law