On February 21, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Mildred L. Oliver,
Oliver, Mildred L.,
and
City Of Oakland,
Oakland Police Department,
for Civil Unlimited (Civil Rights/Discrimination)
in the District Court of Alameda County.
Preview
eC
AA 984
John Houston Scott (SBN 72578)
Lizabeth N. de Vries (SBN 227215)
ScoTT LAW FIRM
1388
San
Sutter Street,
Francisco,
Telephone:
Suite
California
(415) 561-9600
715
94109 rileD
ALAMEDA COUNTY
Facsimile: (415) 561-9609
john@scottlawfirm.net
liza@scottlawfirm.net
NOV 6 - 2019
CLERK OF THE
bod
SUI
ones
Attorneys for PlaintiffMILDRED OLIVER
AN
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
Oo
COUNTY OF ALAMEDA — OAKLAND DIVISION
Oo
10
11 MILDRED OLIVER, Case No. RG19007799
12 Plaintiff, DISCOVERY
13 Vv.
NOTICE OF MOTION AND MOTION FOR
14 DISCOVERY OF POLICE PERSONNEL
Dolls
CITY OF OAKLAND, OAKLAND
POLICE DEPARTMENT, and DOES 1-
INFORMATION (“PITCHESS”) MOTION
15 25, inclusive.
Date: December 20, 2019
16 Defendants. Time: 9:00 a.m. ‘
Ag
Department: 25, The Honorable Ronni MacLaren
17
18
XDI
Reservation No.: R-2132170
19 Date Action Filed: February 21, 2019
Date FAC Filed: April 23, 2019
20 Trial Date: August 21, 2020
21
22 TO: DEFENDANTS AND THEIR ATTORNEYS OF RECORD:
23 PLEASE TAKE NOTICE that on December 20, 2019, at the hour of 9:00 a.m., in
24 Department 25 of the above-entitled Court, located at 1221 Oak Street,Oakland, Plaintiff Mildred
25 Oliver will move thisCourt to order the Defendants City of Oakland and the Oakland Police
26 Department to produce for incamera review any and all documents requested by Plaintiff which
27 Defendants contend are protected by Penal Code Section 832.7 and related statutes.
28
NOTICE OF MOTION AND MOTION FOR DISCOVERY
OF POLICE PERSONNEL INFORMATION (“PITCHESS”) MOTION
The plaintiff,Mildred Oliver, was employed as a Sergeant with the Oakland Police
Department at alltimes relevant to this action. On or about October 1,2015, she was assigned to
conduct an IA investigation relating toa suicide note leftby Officer Brandon O’Brien. The note
referred to a’minor who had accused O’Brien and another OPD officer of statutory rape, as well
as an officer (Sgt. Johnson) who was aware of this misconduct.
Plaintiff was assigned to conduct.an IA investigation of the officer who was allegedly
aware of this misconduct. Sgt. Oliver performed the IA investigation under the supervision and
direction of her chain of command and the City Attorney’s office. The adequacy and scope of the
investigation became the subject of public review and criticism by a court appointed monitor and
10 Judge Thelton Henderson.
11 Sgt. Oliver became the scapegoat. A seriesof events, including a reassignment and hostile
12
715
work environment, then resulted Sgt. Oliver going out on medical leave and being forced to
94109
SUITE
FIRM
13 retire,
CA
STREET,
14 The records sought include the entire IA investigation file in question plus the Chron Log
LAW
FRANCISCO,
15 of allof Sgt. Oliver’s activities in the case. Sgt. Oliver also seeks production of filesmaintained
SUTTER.
SCOTT
16 by the Criminal Investigation Division to demonstrate Sgt. Oliver was not involved in the
SAN
17
1388
decision to limit the scope of the investigation. In addition, Sgt. Oliver seeks production of an
18 audio/video interview of the victim of the alleged statutory rape which relates directly to the
19 scope and adequacy of her investigation.
20 The City of Oakland and the Oakland Police Department have custody of the documents
21 requested. A protective order has been agreed upon by the parties. The accompanying
22 memorandum, and declaration of JohnHouston Scott, setforth more fully the legal and factual
23 basis for this motion.
24 Dated: November 5, 2019 SCOTT LAW FIRM
25
26 By: WY
Jo ouston Scott, Attorney for
27 Pi4intiff MILDRED OLIVER
28 -l-
NOTICE OF MOTION AND MOTION FOR DISCOVERY
OF POLICE PERSONNEL INFORMATION (“PITCHESS”) MOTION
Document Filed Date
November 06, 2019
Case Filing Date
February 21, 2019
Category
Civil Unlimited (Civil Rights/Discrimination)
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eC AA 984 John Houston Scott (SBN 72578) Lizabeth N. de Vries (SBN 227215) ScoTT LAW FIRM 1388 San Sutter Street, Francisco, Telephone: Suite California (415) 561-9600 715 94109 rileD ALAMEDA COUNTY Facsimile: (415) 561-9609 john@scottlawfirm.net liza@scottlawfirm.net NOV 6 - 2019 CLERK OF THE bod SUI ones Attorneys for PlaintiffMILDRED OLIVER AN SUPERIOR COURT FOR THE STATE OF CALIFORNIA Oo COUNTY OF ALAMEDA — OAKLAND DIVISION Oo 10 11 MILDRED OLIVER, Case No. RG19007799 12 Plaintiff, DISCOVERY 13 Vv. NOTICE OF MOTION AND MOTION FOR 14 DISCOVERY OF POLICE PERSONNEL Dolls CITY OF OAKLAND, OAKLAND POLICE DEPARTMENT, and DOES 1- INFORMATION (“PITCHESS”) MOTION 15 25, inclusive. Date: December 20, 2019 16 Defendants. Time: 9:00 a.m. ‘ Ag Department: 25, The Honorable Ronni MacLaren 17 18 XDI Reservation No.: R-2132170 19 Date Action Filed: February 21, 2019 Date FAC Filed: April 23, 2019 20 Trial Date: August 21, 2020 21 22 TO: DEFENDANTS AND THEIR ATTORNEYS OF RECORD: 23 PLEASE TAKE NOTICE that on December 20, 2019, at the hour of 9:00 a.m., in 24 Department 25 of the above-entitled Court, located at 1221 Oak Street,Oakland, Plaintiff Mildred 25 Oliver will move thisCourt to order the Defendants City of Oakland and the Oakland Police 26 Department to produce for incamera review any and all documents requested by Plaintiff which 27 Defendants contend are protected by Penal Code Section 832.7 and related statutes. 28 NOTICE OF MOTION AND MOTION FOR DISCOVERY OF POLICE PERSONNEL INFORMATION (“PITCHESS”) MOTION The plaintiff,Mildred Oliver, was employed as a Sergeant with the Oakland Police Department at alltimes relevant to this action. On or about October 1,2015, she was assigned to conduct an IA investigation relating toa suicide note leftby Officer Brandon O’Brien. The note referred to a’minor who had accused O’Brien and another OPD officer of statutory rape, as well as an officer (Sgt. Johnson) who was aware of this misconduct. Plaintiff was assigned to conduct.an IA investigation of the officer who was allegedly aware of this misconduct. Sgt. Oliver performed the IA investigation under the supervision and direction of her chain of command and the City Attorney’s office. The adequacy and scope of the investigation became the subject of public review and criticism by a court appointed monitor and 10 Judge Thelton Henderson. 11 Sgt. Oliver became the scapegoat. A seriesof events, including a reassignment and hostile 12 715 work environment, then resulted Sgt. Oliver going out on medical leave and being forced to 94109 SUITE FIRM 13 retire, CA STREET, 14 The records sought include the entire IA investigation file in question plus the Chron Log LAW FRANCISCO, 15 of allof Sgt. Oliver’s activities in the case. Sgt. Oliver also seeks production of filesmaintained SUTTER. SCOTT 16 by the Criminal Investigation Division to demonstrate Sgt. Oliver was not involved in the SAN 17 1388 decision to limit the scope of the investigation. In addition, Sgt. Oliver seeks production of an 18 audio/video interview of the victim of the alleged statutory rape which relates directly to the 19 scope and adequacy of her investigation. 20 The City of Oakland and the Oakland Police Department have custody of the documents 21 requested. A protective order has been agreed upon by the parties. The accompanying 22 memorandum, and declaration of JohnHouston Scott, setforth more fully the legal and factual 23 basis for this motion. 24 Dated: November 5, 2019 SCOTT LAW FIRM 25 26 By: WY Jo ouston Scott, Attorney for 27 Pi4intiff MILDRED OLIVER 28 -l- NOTICE OF MOTION AND MOTION FOR DISCOVERY OF POLICE PERSONNEL INFORMATION (“PITCHESS”) MOTION