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SanDiego AmendedComplaint FINAL 041513

SanDiego AmendedComplaint FINAL 041513

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Published by silverbull8
2013-04-15 San Diego Amended Complaint, photo journalist, Peruta, Playford, American News and Information Services,
2013-04-15 San Diego Amended Complaint, photo journalist, Peruta, Playford, American News and Information Services,

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Categories:Business/Law
Published by: silverbull8 on Apr 22, 2013
Copyright:Attribution Non-commercial

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112345678910111213141516171819202122232425Rachel M. Baird (admitted
 pro hac vice
)8 Church Street, Suite 3BTorrington CT 06790-5247Tel: (860) 626-9991Fax: (860) 626-9992Email:rbaird@rachelbairdlaw.comAttorney for PlaintiffsRichard A. Williams (#128832)402 West Broadway, Suite 800San Diego CA 92101-8506Tel: (619) 615-5336Fax: (858) 815-6589Email:sdrich7777@aol.comAttorney for Plaintiffs
IN THE UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNIA
AMERICAN NEWS AND INFORMATION
)
CASE NO.12-CV-2186-IEG(KSC)SERVICES, INC., a Connecticut corporation, )EDWARD A. PERUTA, and JAMES C. PLAYFORD, )
AMENDED COMPLAINT
 Plaintiffs
, ) 42 U.S.C. §§ 1983, 1988v. ) Federal Privacy Protection Act. )WILLIAM D. GORE, individually and in his official )capacity as San Diego County Sheriff, JAN CALDWELL, )individually and in her official capacity as San Diego )County Sheriff’s Department Public Affairs Director, )THOMAS SEIVER, San Diego County Sheriff’s )Department Deputy, individually, BRENDAN COOK, )San Diego County Sheriff’s Department Deputy, )individually, JESSE ALLENSWORTH, San Diego County )Sheriff’s Department Deputy, individually, )JAMES BRENEMAN, San Diego County Sheriff’s )Department Deputy, individually, MICHAEL PROCTOR, )San Diego County Sheriff’s Department Deputy, )individually, JOHN DOE 1-10, San Diego County )Sheriff’s Department, WILLIAM LANSDOWNE, )individually and in his official capacity as San Diego )Police Chief, JOHN DOE 1-10, San Diego Police )Department, and BONNIE DUMANIS, individually )and in her official capacity as San Diego County District )Attorney, JOHN DOE 1-10, San Diego County District )Attorney’s Office, individually, )
 Defendants
. )
Case 3:12-cv-02186-IEG-KSC Document 33 Filed 04/15/13 Page 1 of 43
 
212345678910111213141516171819202122232425
NOW COME
Plaintiffs, by and through undersigned Counsel, and allege against the Defendantsas follows:
NATURE OF THE CASE
1.This is a civil rights action challenging the policies, customs, and practices of multiple law enforcement agencies in San Diego County (“SD Defendants”) which, jointly andseverally, obstruct rights guaranteed under the First, Fourth, and Fourteenth Amendments of theUnited States Constitution and violate, among other laws, the Federal Privacy Protection Act.2.Specifically, the SD Defendants have obstructed and continue to obstructAmerican News and Information Services, Inc. (“American News”), a
bona fide
news andinformation gathering organization as recognized in California Penal Code § 409.5(d), fromgathering, recording, and distributing information of public interest:a.By implementing policies, customs, and practices that resulted in theretaliatory arrests and prosecutions of James C. Playford (“Playford”) for obstructing a peaceofficer when Playford as a duly authorized representative of American News lawfully engaged inthe protected activity of videotaping police officers in public on or about February 28, 2010,March 9, 2010, and December 1, 2011, and attempted to access an accident scene on May 25,2012, open to other members of the media under an exemption in California Penal Code §409.5(d) but closed to Playford in retaliation for recording and disseminating controversialactivities and conduct of San Diego law enforcement personnel; b.By implementing and condoning retaliatory policies, customs, and practicesleading to the seizure of audio-visual equipment and work product properly belonging toAmerican News from Playford on or about December 1, 2011, and May 25, 2012, while Playfordas a duly authorized representative of American News lawfully engaged in the protected activity
Case 3:12-cv-02186-IEG-KSC Document 33 Filed 04/15/13 Page 2 of 43
 
312345678910111213141516171819202122232425of gathering and recording information about the San Diego County Sheriff’s Department’sresponses to matters of public interest in San Diego County; andc.By excluding Playford, a duly authorized representative of American News,from a news conference called by San Diego County District Attorney Bonnie M. Dumanis on or about January 4, 2012, and attended by media with government-issued media credentials.3.The SD Defendants’ animus toward the First Amendment is express and apparentin an agreement condoned by the SD County Sheriff which permits:a.The San Diego Police Department (SDPD) exclusive authority in San DiegoCounty to issue “recognized press credentials”; b.Law enforcement officers within the jurisdiction of San Diego County and itsmunicipalities explicit direction and excessive discretion to prevent lawful access to andrecording of public safety activities in public areas;c. Law enforcement officers within the jurisdiction of San Diego County and itsmunicipalities to engage in official duties without adequate training or direction in the FirstAmendment prohibition against infringement of the press;d.Law enforcement officers within the jurisdiction of San Diego County and itsmunicipalities to act under color of state law with retaliatory animus against individualsexercising rights guaranteed under the First and Fourteenth Amendments without concern for sanction from their superiors;e.Law enforcement officers within the jurisdiction of San Diego County and itsmunicipalities to target Playford for retaliatory arrest and prosecution by publishing anddistributing one or more photographs and a physical description of Playford to identify him as anindividual prohibited from lawful access to and recording of public safety activity within theentirety of San Diego County as a duly authorized representative of American News; and
Case 3:12-cv-02186-IEG-KSC Document 33 Filed 04/15/13 Page 3 of 43

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