Declaration of Gary W. Gorski in Support of Plaintiff's Motion For
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Case4:09-cv-04493-CW Document66 Filed06/14/12 Page1 of 6 1 THE LAW OFFICES OF GARY W. GORSKI Gary W. Gorski - SBN: 166526 2 1207 Front St., Suite 15 Sacramento, CA 95814 3 Tel. (916) 965-6800 Fax (916) 965-6801 4 [email protected] 5 Attorney for Plaintiff 6 THE UNITED STATES DISTRICT COURT 7 IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 THERESE MARIE PIZZO, ) Case No. 09-cv-04493-CW ) 9 Plaintiff, ) ) 10 vs. ) DECLARATION OF GARY W. GORSKI; ) CONCURRENTLY FILE WITH 11 CITY AND COUNTY OF SAN FRANCISCO ) PLAINTIFF’S REQUEST FOR JUDICIAL MAYOR GAVIN NEWSOM, in both his ) NOTICE IN SUPPORT OF MOTION AND 12 individual and official capacities; FORMER ) MOTION FOR SUMMARY JUDGMENT SAN FRANCISCO POLICE DEPARTMENT; ) AND/OR ADJUDICATION OF ISSUES, 13 CHIEF OF POLICE HEATHER FONG, in both ) AND MEMORANDUM OF POINTS AND her individual and official capacities; SAN ) AUTHORITIES (Federal Rules of Evidence, 14 FRANCISCO POLICE DEPARTMENT CHIEF) Rule 201) OF POLICE GEORGE GASCON, in his ) 15 official capacity; SAN FRANCISCO SHERIFF ) Hearing Date: July 26, 2012 MICHAEL HENNESSEY, in both his ) Time: 2:00 p.m. 16 individual and official capacities; CITY AND ) Place: COUNTY OF SAN FRANCISCO; and STATE ) Oakland Courthouse, Courtroom 2 - 4th Floor 17 OF CALIFORNIA ATTORNEY GENERAL ) 1301 Clay Street, Oakland, CA 94612 EDMUND G. BROWN, in his official capacity, ) Judge: Hon. Claudia Wilken 18 ) Defendants. ) 19 ) 20 DECLARATION OF GARY W. GORSKI IN SUPPORT OF 21 PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION AND MOTION FOR SUMMARY JUDGMENT 22 AND/OR ADJUDICATION OF ISSUES, AND MEMORANDUM OF POINTS AND AUTHORITIES (Federal Rule of Civil Procedure 23 Rule 56) 24 I, Gary W. Gorski, am over 18 years of age, am a resident of the State of California residing 25 in the County of Sacramento. I make this declaration in support of Plaintiff's motion for summary 26 judgment and/or adjudication of issues. I make this declaration from my own personal knowledge. If 27 called to testify as a witness in this action, I could and would testify competently to the facts so 28 stated and declare as follows: - 1 - _____________________________________________________________________________________________________________ DECLARATION OF GARY W . GORSKI Case4:09-cv-04493-CW Document66 Filed06/14/12 Page2 of 6 1 A. The following documents, are in direct sequential order corresponding with 2 Plaintiff’s Request for Judicial Notice. All such documents are incorporated and 3 referenced herein as though attached to this declaration. 4 B. All document identified herein have either been produced by, or produced to 5 Defendants during the course of discovery in this case. 6 1. COMPLAINT Docket Entry #1, is a true and correct copy of the original complaint filed in 7 this action. 8 2. Attorney Jerry W Akins CCW - relevant portions of official records from CCW file of Jerry 9 Akins, attorney for San Francisco Police Department, produced by Defendants in response to 10 request for production of documents, and is a true and correct copy. 11 3. Attorney James Harrigan CCW - relevant portions of official records from CCW file of 12 James Harrigan, attorney for San Francisco Sheriff's, produced by Defendants in response to 13 request for production of documents, and is a true and correct copy. 14 4. Attorney Hachaela Hoctor - relevant portions of official records from CCW file of Hachaela 15 Hoctor, attorney for San Francisco City Attorney's office, produced by Defendants in 16 response to request for production of documents, and is a true and correct copy. 17 5. PLAINTIFF'S REQUEST FOR INSPECTION AND PRODUCTION OF DOCUMENTS 18 AND THINGS, SET ONE, served on RESPONDING PARTY Defendant CITY AND 19 COUNTY OF SAN FRANCISCO, served and dated November 10, 2011. 20 6. PLAINTIFF'S REQUEST FOR ADMISSIONS, SET ONE, served on RESPONDING 21 PARTY Defendant SAN FRANCISCO POLICE DEPARTMENT CHIEF OF POLICE 22 GEORGE GASCON, served and dated November 10, 2011. 23 7. PLAINTIFF'S SPECIAL INTERROGATORIES, SET ONE, served on RESPONDING 24 PARTY Defendant HEATHER FONG, served and dated November 10, 2011. 25 8. PLAINTIFF'S REQUEST FOR ADMISSIONS, SET ONE, served on RESPONDING 26 PARTY Defendant SAN FRANCISCO SHERIFF MICHAEL HENNESSEY, in both his 27 individual and official capacities, served and dated November 10, 2011. 28 9. PLAINTIFF'S REQUEST FOR ADMISSIONS, SET ONE, served on RESPONDING - 2 - _____________________________________________________________________________________________________________ DECLARATION OF GARY W . GORSKI Case4:09-cv-04493-CW Document66 Filed06/14/12 Page3 of 6 1 PARTY Defendant STATE OF CALIFORNIA ATTORNEY GENERAL EDMUND G. 2 BROWN (now Kamala D. Harris), in his/her official capacity, served and dated November 3 10, 2011. 4 10. PLAINTIFF'S REQUEST FOR ADMISSIONS, SET ONE, served on RESPONDING 5 PARTY Defendant CITY AND COUNT OF SAN FRANCISCO, , served and dated 6 November 10, 2011. 7 11. PLAINTIFF'S REQUEST FOR INSPECTION AND PRODUCTION OF DOCUMENTS 8 AND THINGS, SET ONE, served on Defendant SAN FRANCISCO SHERIFF MICHAEL 9 HENNESSEY, served and dated November 10, 2011. 10 12. PLAINTIFF'S REQUEST FOR INSPECTION AND PRODUCTION OF DOCUMENTS 11 AND THINGS, SET ONE, served on Defendant STATE OF CALIFORNIA ATTORNEY 12 GENERAL EDMUND G. BROWN (now Kamala D. Harris), in his/her official capacity, 13 served and dated November 10, 2011. 14 13. PLAINTIFF'S SPECIAL INTERROGATORIES, SET ONE, served on RESPONDING 15 PARTY Defendant SAN FRANCISCO SHERIFF MICHAEL HENNESSEY, in both his 16 individual and official capacities, served and dated November 10, 2011. 17 14. PLAINTIFF'S SPECIAL INTERROGATORIES, SET ONE, served on RESPONDING 18 PARTY Defendant SAN FRANCISCO POLICE DEPARTMENT CHIEF OF POLICE 19 GEORGE GASCON, served and dated November 10, 2011. 20 15. PLAINTIFF'S REQUEST FOR INSPECTION AND PRODUCTION OF DOCUMENTS 21 AND THINGS, SET ONE, served on RESPONDING PARTY Defendant SAN 22 FRANCISCO POLICE DEPARTMENT CHIEF OF POLICE, GEORGE GASCON, served 23 and dated November 10, 2011. 24 16. PLAINTIFF'S SPECIAL INTERROGATORIES, SET ONE, served on RESPONDING 25 PARTY Defendant CITY AND COUNTY OF SAN FRANCISCO, served and dated 26 November 10, 2011. 27 17. PLAINTIFF'S SPECIAL INTERROGATORIES, SET ONE, served on RESPONDING 28 PARTY Defendant STATE OF CALIFORNIA ATTORNEY GENERAL EDMUND G. - 3 - _____________________________________________________________________________________________________________ DECLARATION OF GARY W . GORSKI Case4:09-cv-04493-CW Document66 Filed06/14/12 Page4 of 6 1 BROWN (now Kamala D. Harris), in his/her official capacity, served and dated November 2 10, 2011. 3 18. PLAINTIFF'S REQUEST FOR ADMISSIONS, SET ONE, served on RESPONDING 4 PARTY Defendant HEATHER FONG, served and dated November 10, 2011. 5 19. Defendant CITY AND COUNTY OF SAN FRANCISCO'S RESPONSES TO PLAINTIFF'S 6 FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS, by Sherri 7 Sokeland Kaiser, Deputy City Attorney for the City of San Francisco, served and dated 8 January 17, 2012. 9 20. Defendant CITY AND COUNTY OF SAN FRANCISCO'S RESPONSES TO PLAINTIFF'S 10 FIRST REQUEST FOR ADMISSIONS, submitted to Gary W. Gorski, Attorney for Plaintiff, 11 by Sherri Sokeland Kaiser, Deputy City Attorney for the City of San Francisco, served and 12 dated January 17, 2012 13 21. Defendant SAN FRANCISCO POLICE CHIEF GREG SUHR'S RESPONSES TO 14 PLAINTIFF'S FIRST SET OF INTERROGATORIES, submitted on January 17, 2012, to 15 Gary W. Gorski, Attorney for Plaintiff, submitted to Gary W. Gorski, Attorney for Plaintiff, 16 by Dennis J. Herrera, City Attorney; and Wayne Snodgrass and Sherri Kaiser, Deputy City 17 Attorneys, Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO AND 18 ITS OFFICIALS, in substitution for former Chiefs Fong and Gascon. 19 22. Defendant DEFENDANT CITY AND COUNTY OF SAN FRANCISCO'S RESPONSES 20 TO PLAINTIFF'S FIRST SET OF INTERROGATORIES, submitted to Gary W. Gorski, 21 Attorney for Plaintiff, by Dennis J. Herrera, City Attorney; and Wayne Snodgrass and Sherri 22 Kaiser, Deputy City Attorneys for CITY AND COUNTY OF SAN FRANCISCO, verified 23 and dated January 17, 2012. 24 23. Defendant SHERIFF ROSS MIRKARIMI'S RESPONSES TO PLAINTIFF'S FIRST SET 25 OF INTERROGATORIES, submitted to Gary W. Gorski, Attorney for Plaintiff, by Dennis J. 26 Herrera, City Attorney; and Wayne Snodgrass and Sherri Kaiser, Deputy City Attorneys, 27 Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO AND ITS 28 OFFICIALS, verified and dated January 17, 2012. - 4 - _____________________________________________________________________________________________________________ DECLARATION OF GARY W . GORSKI Case4:09-cv-04493-CW Document66 Filed06/14/12 Page5 of 6 1 24. Defendant ATTORNEY GENERAL'S RESPONSE TO PLAINTIFF'S SPECIAL 2 INTERROGATORIES, SET ONE, submitted to Gary W. Gorski, Attorney for Plaintiff, by 3 Kamala D. Harris, Peter A. Krause, and George Waters, Attorneys for Defendant Kamala 4 Harris as Attorney General, unsigned and dated January __, 2012. 5 25. Defendant ATTORNEY GENERAL'S RESPONSE TO PLAINTIFF'S REQUEST FOR 6 ADMISSIONS, SET ONE, submitted to Gary W. Gorski, Attorney for Plaintiff, by Kamala 7 D. Harris, Peter A. Krause, and George Waters, Attorneys for Defendant Kamala Harris as 8 Attorney General. 9 26. Defendant ATTORNEY GENERAL'S RESPONSE TO PLAINTIFF'S REQUEST FOR 10 INSPECTION AND PRODUCTION OF DOCUMENTS AND THINGS, SET ONE, 11 submitted to Gary W. Gorski, Attorney for Plaintiff, by Kamala D. Harris, Peter A. Krause, 12 and George Waters, Attorneys for Defendant Kamala Harris as Attorney General. 13 27. TABLE 37. "Homicide Crimes and Peace Officers Killed in the Line of Duty, 1996-2005." 14 (A chart showing annual rates of homicides per capita vs. officers killed in line of duty.) per 15 Defendant ATTORNEY GENERAL'S RESPONSE TO PLAINTIFF'S REQUEST FOR 16 INSPECTION AND PRODUCTION OF DOCUMENTS AND THINGS, SET ONE, 17 submitted to Gary W. Gorski, Attorney for Plaintiff, by Kamala D.