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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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Published by: silverbull8 on Apr 22, 2013
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04/22/2013

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5.

Plaintiff American News and Information Services, Inc. (“American News”) is a

news and information company incorporated in the State of Connecticut that operates throughout

the United States, and which gathers and provides raw, breaking news video, photographs, and

news tips to various mainstream media outlets.

6.

Plaintiff Edward A. Peruta (“Peruta”) is a resident of Rocky Hill, Connecticut and

San Diego, California.

7.

Peruta is a member of the National Press Photographers Association (NPPA)

since March 25, 2012, and the founder and sole stockholder of American News. NPPA is a non-

profit organization dedicated to the advancement of photojournalism in its creation, editing and

distribution. Its almost 7,000 members include television and still photographers, editors,

students and representatives of businesses that serve the photojournalism industry. Since its

Case 3:12-cv-02186-IEG-KSC Document 33 Filed 04/15/13 Page 4 of 43

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founding in 1946, the NPPA has vigorously promoted freedom of the press in all its forms,

especially as that freedom relates to photojournalism.

8.

Plaintiff James Charles Playford (“Playford”) is a resident of Ramona, California.

9.

Playford is a member of the NPPA since March 25, 2012, an agent of American

News in the business of news and information gathering and recording since February 23, 2010,

and a freelance photojournalist and videographer.

10.

Defendant William Gore is the Sheriff of San Diego County.

11.

Gore, in his capacity as San Diego County Sheriff, is responsible for planning,

administering, executing, and enforcing the laws, customs and practices that Plaintiffs challenge

and at all times relevant to the allegations in the Complaint enforced these challenged laws,

customs, and practices to the Plaintiffs’ detriment.

12.

Gore is sued in his individual capacity and in his official capacity as Sheriff.

13.

Defendant San Diego County (“SD County”) is a municipal entity organized

under the Constitution and laws of the State of California.

14.

Defendant Jan Caldwell (“Caldwell”), in her capacity as the San Diego County

Sheriff’s Department Public Affairs Director, supervises the Public Affairs/Media Relations

Office for the stated purpose of interacting “daily with television, radio and print media to ensure

the most up to date and reliable information is released to the public.” The Public Affairs/Media

Relations Office expressly grants “credentialed media” superior access to “the most up to date

and reliable information.” Seehttp://www.sdsheriff.net/newsroom/index.html (as of June 27,

2012) and provides for “after hours” access to “credentialed media on deadline” (as of April 15,

2013).

15.

Caldwell is sued in her individual capacity and in her official capacity as the San

Diego County Sheriff’s Department Public Affairs Director.

Case 3:12-cv-02186-IEG-KSC Document 33 Filed 04/15/13 Page 5 of 43

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16.

Defendants Thomas Seiver, Brendan Cook, Jesse Allensworth, Michael Proctor,

and James Breneman are sued in their individual capacities and are currently or were at the

relevant times alleged in this Complaint each employed as a Deputy Sheriff by the San Diego

County Sheriff’s Department acting under the authority of the San Diego County Sheriff to the

Plaintiffs’ detriment.

17.

Defendant City of San Diego (“City”) is a municipal entity organized under the

laws of the State of California.

18.

Defendant William Lansdowne (“Lansdowne”), in his capacity as the Chief of the

San Diego Police Department, designates through the issuance of “media credentials” which

news and information services will receive superior access to “the most up to date and reliable

information” in San Diego County.

19.

Lansdowne is sued in his individual capacity and in his official capacity as Chief

of the San Diego Police Department.

20.

Defendant Bonnie Dumanis (“Dumanis”), in her capacity as San Diego County

District Attorney, is the head law enforcement official in San Diego County.

21.

Dumanis participates in, manages, condones, and supervises the prosecution of

individuals who question the current media credentialing and public safety response scene access

policies currently in place in San Diego County.

22.

Dumanis excludes news and information services from District Attorney press

conferences when a service does not have “media credentials.”

23.

A service may lack “media credentials” either because a service intentionally

disregards the SDPD “media credentials” application process or because the service is denied

“media credentials” following a determination by the SDPD that a service is not favored by the

SDPD as a source of information for the public.

Case 3:12-cv-02186-IEG-KSC Document 33 Filed 04/15/13 Page 6 of 43

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24.

Dumanis is sued in her individual capacity and in her official capacity as District

Attorney.

25.

At all times relevant to the Complaint the Defendants acted under of color of state

law.

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