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LA County Sheriff's Department The Los Angeles County Sheriff's Departl11ent A Report by Special Counsel James G. Kolts & Staff July 1992 iW Staff to Special Counsel James G. Kolts G.n.r.1 CouAS.1 Deputy General Counsel Editor Merrick J. Bobb David R. Pettit Barbara Hallett Hedges &Caldwell Consulting Psycbologist Ex.cutiv. Board laura N. Fashing Fred laya. Ph.D. Han. James G. Kolts. Chair Warrington S. Parker. III Certified Public AccountaDts Merrick J. Bobb Hufstedler. Kaus & Ettinger Thomas M. Neches Jeffrey H. Dasteel Stuart Linnick Ingrid Boelman Barbara Hall ett Steven N. Schneider Matthew Graczyk Cindy Ho Idorff Katharine l. Krause Jeffrey K. Winikow Fred Loya Ph.D. Mitchell. Silberberg & Knupp Julie Schoenfeld Wendy Munger Simpson &Company Justin L. Bastian Julio A. Thompson Hearing Offic.rs Anthony l. Press Dr. Claudia Mitchell-Kernan Morrison &Foerster Executive Assistaat Vice Chancellor. UCLA Diane Bowen Randall R. lee Fred laya. Ph.D. Munger. Tolles & Olson COASulting Sociologist. Kerry R. Bensinger William D. Darrough. Ph.D. Quinn. Kully & Morrow California State University Jay T. Kinn Robert M. Emerson. Ph.D .. UCLA Sheppard. Mullin. Richter Grapbic Artist & Desiga & Hampton Corky Retson Jeffrey H. Dasteel Secretaries & Word Processors Mark D. Hurwitz Lloyd Adams David C. Marcus Lorna Carry Stephen J. McConnell Norma Dehnadi Shakil Rahman Norine Mar Skadden. Arps. Slate. Pauline Romero Meagher &Flam StaH law CI.rk. & Paralegal. Richard S. Berger Lisa Geller Greg Bragger Alf W. Brandt James R. Gilson Judy Cho Ect.v..t A. Mendoza Elke Dargan Gregory D. Schetina Clare Fitzsimons Alison Goldberg 8OMi. Sun Shaun O'Sullivan Julio A. Thompson Tunla & Taylor Scott Renfroe Brigitte Travaglini Elizabeth A. Cheadle Stanley M. Yukevjch Katharine l. Krause SUdden. Arps. Slate. Hon. Richard A.lavine Meagher &Flom William lutz Wendy Munger Kim Birrell Annah Kim Peter V. Lee Malissia R. Lennox leslie McDowell tuttle & Taylor Contents 1. Introduction 2. General Background 7 3. Public Hearings 19 4. Civil Litigations 25 5. Canine Unit 75 6. Administrative Claims 89 7. Complaints and Discipline 99 8. Officer-Involved Shootings 137 9. Problem Officers 157 10. Tracking the Use of Force 169 11. Headstrikes Policy 187 12. Conflicts & Disincentives 193 13. Recruiting & Affirmative Action 197 14. Hiring 207 15. Promotion Practices 219 16. Academy Training 225 17. Custody 237 . 18. Patrol School 249 19. Field Training 257 20. Continuing Education 267 21. Stress Management 271 22. Community Oriented ~olicing 285 23. Internal Department Culture 297 24. Deputy Gangs 323 25. Accountability Within the 335 Department 26. Accountability to the Public 345 Executive Summary 351 Footnotes 357 1. Introduction In December 1991. the Board of Supervisors of Los Angeles County appointed the undersigned as Special Counsel to conduct a review of "the policies. practices and procedures of the Sheriff s Department. including recruitment. training. job performance and evaluation. record keeping and management practices. as they relate to allegations of excessive force. the community sensitivity of deputies and the Department's citizen complaint procedure." Throughout this report. the Sheriffs Department is also referred to as "The Department" and "the LASD." An increase over the past years in the number of officer-involved shootings prompted this inquiry. Four controversial shootings of minorities by LASD deputies in August 1991 added a measure of urgency. These shootings, like the Rodney King beating with regard to the Los Angeles Police Department ("LAPD"). deepened an awareness that increasingly serious problems of excessive and deadly force were plaguing the LASD. That Los Angeles County (the "County") had paid $32 million in claims arising from the operations of the LASD over the last four years also caused the Board of Supervisors to wonder if corrective measures could improve the operations of the LASD. My staff and I found deeply disturbing evidence of excessive force and lax disci­ pline. The LASD has not been able to solve its own problems of excessive force in the past and has not reformed itself with adequate thoroughness and speed. Implicitly acknowledging this. the top management of the Sheriffs Department wanted us to appreciate that since mid-1990, it has been in the process of self-imposed change in its approacb to force, discipline, training, and community orientation. Tbe Sberiffs Department is quick to point out that it began a serious process of self-criticism regarding brutality by its deputies before the Rodney King beating made il impossible for any police agency any longer to sidestep the long-festering bUllong-ignored problem of excessive force. Prompted perhaps by a lengthy and very critical front page expose of the increasing costliness of excessive force lawsuits which appeared in the Los Angeles Times on Sunday, May 27,1990. a Task Force was established by the Sberiffin June, 1990 to study exten- 1 sively the question of the application of force by deputies. Principal Deputy Coumy Counsel Gordon W. Trask, working with Lo. Angele. Commander James Callas. conducted an examination of the issue by Sheriff'. Department Core Value. a committee of at least 25 persons drawn from all areas of the Department. W. sblll be service ori.ml" Ind plrform our duties witb thl In December, 1990, Gordon Trask and Commander Callas highllt ponillil dlg"l of pirsoallind proftssionll submitted the Task Force's twenty-three recommendations to the int.grity. Servici Orilnted Policing mlln.: Sheriff. and since then, the Department has been involved in imple· • Protlctinglitl Ind prop.rty menting or planning the implementation of virtually all of the • Prlnating crimi • AppreblDding crimialls recommendations. • AlwlY'lctingllwfully • Beiag flir aad implrtialud Although this report will demonstrate that the Task Force did trlltiog plopl. witb dignity • Assistiag till commuoity Ind itl not go far enougb, its work was very useful to the Department in citiz.ns ia solving probllml lad mliataiaiag till Pilei several ways: It represented a well-intentioned effon to address W. shill trllt IVI" mlmlllr force issues and demonstrated thereby that the Sberiff s Department of tbl Dlpartmlat. IIotllswofll IDd civiliu... WI woald was willing to think about these issues and to consider reform. expect to .1 treltld if tb. positioos wlr. rlVlrsed. The Task Force evidenced the candor with wbicb me Department W. sball aot knowiagly IIrllk looked at itself. It negated any inference that the LASD would tI.. Ilw to .aforci tbl Ilw. permit a policy or practice of encouraging excessive force. W. sblll III fally Iccountlbl. for our OWIICtiODS orflil.,.. The Sheriff s Department bas been ably served by Gordon Trast lad. wIIID Ipproprilt•• lor till action or flilur .. of oar and James Callas. .ubordialt... Just as the Task Force had completed its work and its efforts la coaaidering tb. all of dlldly forcl. WI sblll •• gal ... were to be announced, the Rodney King incident occurred on Marcb lIy reVlflDeI for bUlDlI lifl. 3, 1991. The Sherifrs Department beld up formal announcement of Iadividulll promotld or sellcted for splcial assigamlata sban the recommendations because it did not want the unwarranted infer- bani biltory of prlcticiDg tb ... ,.1 .. 11. ence to be drawn that the Task Force recommendations were being I implemented in response to the King case. In July. 1991. the Independem Commission on the Los Angeles 2 Police Department. better known as the Christopher Commission. issued its report on the Rodney King incident and the LAPD. Sheriff Block. quickly recognizing its importance, charged his Executive Planning Council ("EPC") with the responsibility of reviewing the findings and recommendations and determining their applicability [0 the Sheriff s Department. The EPC did so, issuing a lDRgthy report on September 6, 1991. The EPC found itself in agreement with most of the Christopher Commission recommendations as they reformulated and reinterpreted them and, as such. recommended implementation. Task forces and committees and working groups were set up to consider implementation, and that effort goes on to this day. Running in tandem with his efforts regarding the Christopher Commission, Sheriff Block initiated his Core Values project. The project team was charged with assessing the work of the EPC in responding to the Christopher Commission report, assessing the work of the Task Force on Use of Force, assessing the work of the Department's Service Oriented PoliCing Committee and developing a plan of action for the Los Angeles County Sheriffs Department which "will result in the internalization of core beliefs and attitudes, ultimately resulting in improved practices which will make the Department a more effective and responsive poliCing agency." The Sheriffs Core Values Statement is reproduced in the adjacent sidebar. Our task in part was to evaluate these internal effom to determine whether the Department bas made adequate progress in addressing excessive force and its causes. We want to make it clear from the outset that we believe the Deparanent has made some progress and is improving still. It bas many bright. able, well-meaning people whom we have come to respect. Much of the credit for the openness to change and flexibility goes to Sheriff Block. His temperament and style has encouraged self-examination within the Department. Nonetheless, this report is a somber and sobering one in terms of the large number of brutal incidents that have been and still are occurring. This Department, 3 like the LAPD, has too many officers who have resorted to unnecessary and exces­ sive force. The Department has not done an adequate job disciplining them. It has not dealt adequately with those who supervise them. It has not listened enough to what the communities and constituencies of the LASD want and expect in their police. Thus, the Department has a longer way to go than it has travelled thus far before its procedures and practices in the area of force, complaint resolution, internal investigation, and community policing are at levels consistent with Sheriff Sherman Block's expressed core values and where this large and very important law enforcement agency should be.
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