New Lawsuit Against Fullerton Alleges Police Misconduct & Cover-Ups


A lot has happened in Fullerton over the last several years and while my involvement has waned ever since the City threatened me civilly and criminally because I happen to be associated with this blog, and this blog published embarrassing things City Hall would rather hide from the people, I have remained committed to finding the truth and speaking up against the vapid and self-serving corruption of our council majority & the city hall they oversee.

In my capacity as a chronic malcontent these last few years I have made numerous records requests looking for information and many of those requests have been ignored, delayed or denied owing to dubious legal claims or just outright misrepresentations of the law. As such I have opted to sue the city of Fullerton for violations of the California Public Records Act.

The now filed Petition for Writ of Mandate alleges that the City of Fullerton has violated the CPRA in regards to my records requests related to no less than 5 separate issues.

Back when I first started filing requests, specifically for the body worn camera and dash cam videos of the Joe Felz DUI incident, the city was able to hide behind a lack of enforceable disclosure laws as SB1421 was not yet the law of the land. Cities did/do this because they know it takes a lot of time, effort and commitment to make them comply with disclosure laws.

Here in Fullerton the arrogance got so bad that they didn’t even try to hide their disdain for the public and transparency. At one point after claiming the Felz video was exempt from disclosure owing to the non-existent sham investigation, City Attorney Gregory Palmer asserted to me; “If you are dissatisfied with the response you have remedies”.

“You have remedies”

Skip ahead a few years and it turns out I DO have remedies and I have opted to act upon them. Hence this lawsuit.

For those interested, the lawsuit reads as follows (after the jump, emphasis in original, exhibits in the Writ link above):

In recent years, the issues of police accountability and transparency have been the subject of significant public attention and controversy as part of a broader public debate regarding criminal justice reform.

The public’s right to find out about these issues, and all issues affecting government, is protected by the California Public Records Act (“CPRA”) and the California Constitution.

With the passage of Senate Bill 1421 (“SB 1421”), the State of California made certain records related to law enforcement misconduct publicly available under the CPRA, declaring that “[c]oncealing crucial public safety matters such as officer violations of civilians’ rights…undercuts the public’s faith in the legitimacy of law enforcement, makes it harder for tens of thousands of hardworking peace officers to do their jobs, and endangers public safety.”

SB 1421 amended the law to make law enforcement personnel records public where there is an officer-involved shooting, use of force resulting in serious bodily injury or death, sexual assault by an officer, or a sustained finding that the officer engaged in dishonesty. The law took effect on January 1, 2019.

As it pertains to public personnel other than law enforcement, the law is well settled and provides for a broad right of access to public records concerning complaints and discipline against public servants.

The CITY OF FULLERTON is unlawfully delaying and withholding access to public records in response to several of requests submitted by JOSHUA FERGUSON, including records related to police misconduct, a complaint against a City Parks and Recreation Commissioner, an accident involving a City Parks and Recreation vehicle, and the separation of two public employees arising from misconduct. Therefore, Petitioner brings this suit to obtain a court order requiring the CITY OF FULLERTON to provide access to these important public records.

The specific issues of contention are as follows:

The SB 1421 Requests

Between January 2, 2019, and January 7, 2019, Petitioner sent three California Public Records Act requests to the City for SB 1421 records via email. The first request sought all records related to Fullerton Police Department officers made are disclosable under SB 1421. The second request sought SB 1421 records related to 46 named officers. The third request sought records related to 5 named officers. True and correct copies of Petitioner’s three SB 1421 requests are attached as Exhibit A.

On January 9, 2018, the City responded via email inquiring as to whether the requests naming specific officers was meant to narrow the first request for all SB1421 records. The City further stated that it needed clarification as to what records within the scope of SB 1421 Petitioner was requesting. Petitioner responded the same day, confirming that while the more specific requests named officers Petitioner suspected had records subject to disclosure under SB 1421, but that he still sought all records within the scope of SB 1421. A true and correct copy of the City’s January 9 email and Petitioner’s response are attached as Exhibit B.

On March 1, 2019, the City sent an email regarding the SB 1421 requests.

In its email, the City stated that it was “still in the process of preparing the records for production” and that it expected to make files available on a rolling basis beginning on March 11, 2019. A true and accurate copy of the City’s March 1 email is attached as Exhibit C. The City did not state whether it determined that disclosable records existed for each of the specific officers named in the second and third requests or whether it would be withholding any requested records from disclosure as required by Government Code section 6253(b).

The City did not begin releasing the SB 1421 records on March 11, 2019.

15. Instead, it was not until June 24, 2019, when the City informed Petitioner via email that “[i]nitial SB 1421 responsive records have been posted on the City’s website.” The City stated that it would continue to produce responsive records on a rolling basis “as review and redaction of confidential information is completed,” and the City provided a link to A true and accurate copy of the City’s June 24 email is attached as Exhibit D. However, at no time has the City informed Petitioner whether it intends to release records for each of the named officers in the second and third requests, whether it intends to permanently deny Petitioner access to records for certain officers, whether it intends to withhold any responsive records, or the date upon which it intends to make additional SB 1421 records publicly available.

While the City has not released a list of officers for whom it intends to release SB 1421 records, Petitioner is informed and believes and on that basis alleges that the City has engaged in negotiations with certain officers to amend past disciplinary notices to remove SB 1421 eligible allegations, thereby circumventing transparency requirements. Petitioner is informed and believes and on that basis the City and former Fullerton police officer Kathryn Hamel entered into an agreement after the City issued a Notice of Intent to Discipline Hamel for various allegations relating to “dishonesty, deceit, untruthfulness, false or misleading statements” and/or “ethics or maliciousness.” Petitioner is informed and believes and on that basis alleges that a true and accurate copy of the Draft Settlement Agreement is attached as Exhibit E. In that agreement, the City agreed to revise the Notice of Intent to Discipline to remove those allegations if Hamel resigned, to not release the file pursuant to SB 1421, and agreed to defend against any SB 1421 request in court.

The Cox Complaint Request

On August 20, 2018, Petitioner filed a complaint against Gretchen Cox, a City Parks and Recreation Commissioner, alleging that Cox violated City policy by engaging in harassment and by improperly criticizing the City Council in a public forum. On January 5, 2019, Petitioner requested all information related to the complaint, including any emails, communications, investigation materials and findings. A true and correct copy Petitioner’s January 5 request is attached as Exhibit F.

On January 7, 2019, the City denied Petitioner’s request via email. The City withheld all records, asserting that responsive records are exempt under Government Code § 6254(c), Evidence Code § 950 et seq., and Code of Civil Procedure § 2018.010. A
true and correct copy of the City’s denial is attached as Exhibit G.

On February 19, 2019, the City released a letter to Petitioner regarding the Cox complaint. As to the allegation that Commissioner Cox engaged in harassment, the City confirmed Cox engaged in the alleged behavior, but denied the conduct violated City policy. The City sustained the allegation that Cox violated policy by publicly criticizing the City Council. A true and accurate copy of the Cox complaint response letter is attached as Exhibit H.

The Corbett Body Camera Footage Request

Petitioner is informed and believes and on that basis alleges that on December 19, 2016, a member of the public made a complaint against Fullerton Police Sergeant Jeff Corbett alleging, in pertinent part, that Sergeant Corbett made special accommodations for former City Manager Joseph Felz while investigation a DUI and hit and run. Petitioner is further informed and believes that the complaint alleged that Sergeant Corbett, as part of the accommodation, engaged in dishonesty by falsifying a police report and that a January 23, 2018, Fullerton Police Department Administrative Investigation report confirmed the allegations, finding that Sergeant Corbett “purposely failed to conduct a proper investigation and provided false information under FPD case #16-74804, in violation of PC – 118.1 False Report by a Peace Officer.” Petitioner is informed and believes and, on that basis, alleges that a true and accurate copy of the Administrative Investigation report is attached as Exhibit I.

On February 4, 2019, Petitioner submitted a CPRA request for six clearly identified clips of body camera footage used by the City to make the sustained finding of dishonesty against Officer Jeff Corbett. Petitioner identified the case number, the Officers who uploaded the videos, and the statement from the City’s investigation which confirms the City reviewed the body camera footage as evidence in making its sustained finding. A true and accurate copy of Petitioner’s February 4 request is attached as Exhibit J.

On February 14, 2019, denied Petitioner’s request as to all records. In so doing, the City asserted that the records Petitioner sought are exempt under Government Code §§ 6254(c), 6254(f), and 6254(k), as well as Penal Code §§ 832.7 and 832.8, and Government Code § 6255, but failed to provide any reason as to why the records were not made disclosable by SB 1421. A true and accurate copy of the City’s February 14 denial is attached as Exhibit K.

The St. Paul/Phan and Parks and Recreation Vehicle Request

On February 5, 2019, Petitioner submitted a CPRA request for two categories of records: (1) all information regarding the terminations of two city employees, Bob St. Paul and Trung Phan and (2) all information relating to an accident in which a City Parks and Recreation vehicle, license place #121521, was overturned. Petitioner included a photo of the overturned vehicle. A true and accurate copy of Petitioner’s February 5 request, including the photo, is attached as Exhibit L.

On February 15, 2019, the City responded, denying Petitioner’s request as to all records. As to the St. Paul/Phan records, the City claimed both that “there are no records” and that the records are exempt under Government Code §§ 6254(c) and 6255. As to the overturned vehicle request, the City claimed that all records relating to the accident are exempt under Government Code §§ 6254(b), 6254(c), 6254(f), and 6254(k); Government Code § 54963, Evidence Code § 950 et seq., Code of Civil Procedure §2018.010, and Government Code § 6255. A true and accurate copy of the City’s February 15 denial is attached as Exhibit M.

Petitioner is informed and believes and, on that basis alleges, that employees St. Paul and Phan’s employment with the City was terminated after allegations of misconduct and that the responsive records related to their departure form the City exist and are not exempt, as the City claimed.

The city will be served this week and we will keep you updated as things progress.

31 Replies to “New Lawsuit Against Fullerton Alleges Police Misconduct & Cover-Ups”

  1. Jones & Mayer lead the stupid city council into another lawsuit that they’re going to lose. Hopefully they will defend this for free so us taxpayers aren’t on the hook (they won’t).

    1. This is how city law firms make money – creating litigation. I’m sure a lot of it is done intentionally. They give marginal legal advice and rake in the bucks through through the legal process. After all, they don’t pay the settlements, but they do get paid by the hour win or lose.

      1. Agreed. Jones & Mayer create more problems than they solve. Their advice isn’t even marginal. Usually it’s just wrong.

        Has the city ever actually won a lawsuit?

    2. Yes I would like to find out how I can get in on this cuz I have a couple things against the Fullerton Police department to

  2. The coverup is the crime. Fullerton City Council is complicit in this one. Send them to jail where they belong.

  3. I look forward to seeing the cam footage. I can’t imagine that you won’t prevail.

    As the Washington Post byline says, “Democracy Dies in Darkness”. This blog is no Washington Post by any stretch of the imagination, but still serves an important purpose.

  4. Really? You’re worsening the situation. There is better uses of the money that it will take for the City to represent itself (and surely prevail) in the court. If you are unhappy with Fullerton, why don’t you petition for a recall of the council?

    1. There is no better use for the money fitzgerald and flory and that imbecile Chaffee wasted stonewalling Ferguson and FFFF over the years. Those assholes could have filled potholes. instead they kept hiring incompetent city managers and hiding felonious cop records.

      1. I’m wondering if there is any class action lawsuit in place against Fullerton police at this moment? I am having properties for me in an arrest held for over a month that is non-complicit in any way toward the violation I was arrested for I asked why I could not receive my mandatory medication that’s in the bags as well as employment documents I need prior to starting a job inside of a month from now and they told me that as soon as it’s able to be done that they are too busy to handle anything sooner. It’s absurd to have to wait for a month to have someone to turn around in a seat grab a property bag and hand it across a counter to me. Any suggestions?

    2. It wouldn’t cost the city a damn cent to release the records as required by law. It’s the illegal concealment of information that’s going to cost the city big money.

    3. Because criminal conduct can and should be punished. Only corrupt politicians and their cronies think otherwise.

  5. I want to joint to your lawsuit as a matter of law. I requested many of my records to the FPD and and they denied me my police records. how can I contact you, or you can contact me.

  6. Rosie Palmer won’t be satisfied until he’s collected every dildo in Fullerton, new and used.

  7. The Secretary of State uses an unprotected email site to avoid the FOIA – destroys 30,000 emails – lies about it under oath – none of the FBI, CIA and DOJ do their jobs in prosecuting these “treasonous” acts – and now we find that the City of Fullerton Council won’t cooperate – be still my beating heart – as Trump says; “the swamp is a lot deeper than I thought it was”

  8. Where can I send a generous donation to help cover your legal costs for this case? It will all be worth it to see one city council member or city employee in an orange jumpsuit.

    If it weren’t for corruption and stupidity, there would be no city employees or council members.

  9. Flory and FitzPringle are leading the charge for the suit against FFFF. FFFF should sue them personally for injury.

    1. Aviles has wins all over the state. She is probably the top public records act attorney in all of California.

      If you put her up against the clowns that Jones & Mayer employs, it’s gonna be ugly.

    1. Too bad Saavedra is coughing up shit like this. he used to be good. Now just hanging on by the skin of teeth, probably.

  10. Go figger The city ALLOWED several real estate CRIMES in 2015.
    They ALLOWED a property owner (NOT resident) claim to be owner builder even though they KNEW state LAW demands they must be living in the home to make that claim. The STATE violated MULTIPLE areas of the repairs that the “professional” city inspector PASSED.
    State law mandates damages from unlicensed contrators exceeding $10,000 (I believe) have to be turned over to the county D.A.. The state went after the contractors, and got over $5,000 in penalties… but the new owner of the home got NOTHING!! the state didn’t follow their laws, and the city did all they could to avoid helping the homeowner.

  11. Fullerton police have allowed tape cases to go without investigation . Did not fet rvidence. Lost evidence, and their crimes are too many to mention.
    Why? BecUse women in fullerton are being thrown under the bus because they have bigger fish to fry. Until the chief on down to everyone who covers up and turns a blind eye is fired, loses their pension and given a 15-20 prison sentence, and PUT IN GENERAL POP… it will continue. Time to clean house!

    1. This happened to me. Every single thing. Turned down evidence. No follow up. I forced them to record a phone call to the guy, He said he’ll apologize but not over the phone, only in person. They gave me no script or idea of what information I should get him to say other than get his apology (I knew him). I came prepared and got him to admit to almost everything. Detective was hounding me in the background to hang up. I refused because he fell in every hole I dug for him. I don’t think she thought I would be that prepared with my own script. I already felt they were trying to throw the case. Just when he was about to apologize over the phone, the detective got so obnoxious that I finally ended the call. She told me to tell him never to contact me again. I refused to end the call that way because that closed off any chance for me to set him up in person. It was very clear That they were fighting against me from proving my own case when they should have been the ones doing all the work. She claimed that she would consider that call very very successful. I had imagined they would’ve jumped in the car to arrest him in that moment. Instead she said she wasn’t planning on going to arrest him. She said she wanted to get him when he least expected it. I said, considering he has no clue that I’ve reported him still, it makes no sense why you would wait. Later I found out from a sheriffs officer that he was being used in another case. Clearly they were protecting him, which is absolutely disgusting. About a month later I asked for an update she claimed she “called him” “the day before“ and he hasn’t called back. I said well, why don’t you go to his house? She said that’s not how things are done. Apparently they can’t afford the gas? So you wait for a rapist to call you back? When I agreed to give them the name of him at the hospital they promised that they would inform me in advance when they were going to contact him and question him. I didn’t go for a restraining order because the plan was to not let him know I remembered what he did (he drugged me), or reported him. So no warning? I spoke with her superior months later and he claimed she was transferred to another position. The new detective never contacted me. He claimed that even if the rapist walked in and admitted to them why he did, that they still wouldn’t arrest him until the DNA evidence came back. That literally makes no sense. Nonstop gaslighting. I never had any follow up or phone calls back. They have even denied my request for my DNA results. I can’t get a callback from her supervisor or even his supervisor. It’s been two years. In the meantime, the gaslighting and this whole situation has exacerbated medical problems and caused a nervous breakdown. I don’t leave my house other than go to Home Depot. I was bedridden most of the time for about a year. Just started leaving my house and got pulled over by a lying motorcycle cop for speeding. Rented a flat bed from home depot for 10 min. Stopped at the light right by the college, stopped at the very next one. Somehow driving a rented flatbed while being extremely uncomfortable doing so, creates a situation where you can somehow pick up that much speed in that short distance, traffic all around you… or Fullerton police found me to be an easy target to hit their quota. Every time I looked at the speedometer I was going 10 to 15 below the speed limit. I was extremely uncomfortable driving this monster so was afraid to keep monitoring the speedometer, looking away from the road. I actually thought I was going to get pulled over for going too slow, but figured the police would understand. I’m not used to driving a flatbed. So considering where he was sitting in front of the parking structure, he only saw me stop at one light and then stop at the very next. I was surprised that he was claiming I was speeding. I was completely caught off guard. I kept telling him it was 10 minutes. Are you kidding me? I said obviously I’m not familiar with this truck and he shot back with, Did you just get your license in 10 minutes? What I felt like explaining to him was that I don’t leave my house And everything that they’ve never done for me and for 10 minutes I thought I could just transport these materials safely so I can focus on a project instead of everything repeating over and over in my head but he was so nasty. I just wanted to get it over with . He came back to me and handed me a digital signer that had no information on it. I signed a couple letters of my name and then asked him, Why am I signing? What is this? And he said you’re getting a ticket for going 57 in a 40. Then abruptly took my picture and then took pictures of the rental vehicle. I wanted to just go and file a complaint against him, but didn’t have the mental energy to deal with it. I’m absolutely disgusted and feel targeted because I sure as hell don’t get protection from them, just targeted and scammed. Why are they here? Oh because they’re a profit corporation set up to collect money for their policies they created. Definitely not to protect us! Just to make money and victimize people.

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