Darren Chaker: Leading the Way in Privacy and First Amendment Law

February 14, 2025

Viewpoint Discrimination by Darren Chaker

Darren Chaker Explores First Amendment Proscribable Speech Viewpoint Discrimination.

Darren Chaker:Public Records Lawsuit – Police Accountability

In the realm of police accountability, Darren Chaker's relentless pursuit of justice and transparency in San Diego has brought significant attention to the forefront. This article delves into a pivotal incident in La Jolla, California, on June 11, 2020, where Chaker's family member faced an unjust arrest, sparking a legal battle. Darren Chaker's determination led to a lawsuit under the California Public Records Act, ultimately compelling the disclosure of over 1,000 officer names from the entire San Diego Police Department. This victory underscores the ongoing need for transparency and accountability within law enforcement agencies, championed by Darren Chaker's unwavering commitment to justice.
Public records lawsuit, judgement for Darren Chaker

Public records lawsuit, San Diego Police, Darren Chaker prevails.

Darren Chaker's persistent pursuit of police accountability in San Diego made headlines as he challenged the city's violation of the California Public Records Act by refusing to disclose officer names. This article describes the basis of the Public Records lawsuit to empower others to use lawful to create accountability.

In the realm of police accountability, San Diego found itself entangled in a legal battle that exposed its violation of the California Public Records Act (CPRA). At the heart of this unfolding saga is Darren Chaker, a litigation support specialist and administrator for a police residential address database, whose relentless pursuit of justice and transparency is making waves.

The Controversial La Jolla Incident: A Catalyst for Action Through a Public Records Lawsuit

On June 11, 2020, a significant incident unfolded in La Jolla, California, when the police detained a female relative of Darren Chaker during her evening walk. The police's demand for identification without just cause led to a tense confrontation. An attorney with experience in the federal judiciary and United States Congress, the woman refused to disclose her identity and sought to speak to a supervising officer.

In circumstances such as this, refusing to identify yourself to police is a constitutional right as repeatedly stated by the United States Supreme Court in Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004) and Kolender v Lawson, 461 U.S. 352 (1983). Ironically, Lawson originated where police in La Jolla repeatedly stopped and arrested a homeless man due to his refusal to identify himself. At that time, a California statute made it against the law to not identify yourself to police. Ultimately, the Supreme Court invalidated the law.

Even if the person is lawfully detained, the person is not under a duty to answer questions, answers may not be compelled, and refusal to answer furnishes no basis for an arrest. (Carey v. Nev. Gaming Control Bd., 279 F.3d 873, 881-82 (9th Cir. 2002).

Nonetheless, in response to the female's lawful right to not identify herself, the police resorted to forcibly handcuffing her, resulting in an arrest that lasted nearly half an hour. Intriguingly, after discovering her professional background, the police released her without explanation, leaving behind a perplexing lack of documentation.

SB 1421 in Detail: Facilitating Transparency in Law Enforcement to Avoid a Public Records Lawsuit

The PRA request was in compliance with past cases described below and recent changes in the law made by the legislatures. Senate Bill 1421 gives empowerment to citizens who desire to request and review records that were previously less accessible. This act specifically targets records that deal with police misconduct and serious uses of force, marking a notable shift towards transparency in law enforcement operations.

Darren Chaker's Pursuit of Justice Through a Public Records Lawsuit

To seek justice for his relative, Darren Chaker initiated a request under the California Public Records Act, aiming to obtain the names of the officers involved and all officers within the relevant police subdivision covering La Jolla. Initially met with resistance, as the San Diego police withheld officer names, Mr. Chaker enlisted the expertise of attorneys specializing in public record litigation.

Mr. Chaker's public record request for police officer names was consistent with the California Constitution and California Supreme Court decisions. In fact, the constitution was amended to allow for such in California's Constitutional Sunshine Amendment: "The people have the right of access to information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny." Cal. Const. art. I, § 3(b).

The California Supreme Court held in Commission on Peace Officer Standards and Training v. Superior Court (2007) 42 Cal.4th 278, 64 Cal.Rptr.3d 661, 165 P.3d 462 (Commission on Peace Officer Standards ), that "the privacy and safety interests of peace officers" as a group regarding the mere fact of their employment "do not outweigh the public's interest in the disclosure of [that] information."

In Long Beach Police Officers Assn. v. City of Long Beach, 136 Cal. Rptr. 3d 868, 203 Cal.App.4th 292, (2014), the California Supreme Court held even the names of police officers involved in a shooting must be disclosed.

Despite the California Constitution and multiple California Supreme Court cases affirming the obligation to release police officers names under the public records act. The request was denied by the police, forcing this matter into litigation. A lawsuit was filed.

The City of San Diego Superior Court, Darren Chaker v. City of San Diego San Diego Superior Court, Case No. 27-2020-00031074.The City of San Diego has a history of denying CPPA requests. Ultimately, the San Diego Police Departments CPRA denial was found to be in error. The City of San Diego was not only forced to surrender the names of a handful of officers but of the entire Department. Further, all attorney fees and expenses were paid for by the city.

An internal affairs investigation found there was a lack of reasonable suspicion to detained the female and did not have police violated policy by body-camera turned on. San Diego Police Department has subsequently adopted body camera new policies to increase officer accountability.

The Turning Point for Darren Chaker: A Victory for Transparency by Filing a Public Records Lawsuit to Disclose Names of Police

In a significant turn of events, the attorney representing the City of San Diego conceded Mr. Chaker's right to access the requested records by settling the case with his attorneys. However, instead of disclosing the approximately 100 names originally sought, the city was compelled to unveil the identities of over 1,000 officers, spanning its entire police department.

Subsequently, these names were cross-referenced with property records, augmenting the police residential address database. Darren Chaker finds when police can no longer hide, they become more accountable to the public it polices.

Ongoing Challenges and the Call for Accountability by Using a Public Records Lawsuit

This incident lays bare the persistent challenges surrounding police accountability in San Diego, marked by numerous police officer scandals. This most recent legal battle against the embattled San Diego Police Department, was imperative for transparency and accountability. Darren Chaker's unwavering commitment to seeking justice and transparency has emerged as a formidable force for change, even when met with city resistance.

Championing Transparency for Effective Police Accountability Using a CPRA Lawsuit

Central to Darren Chaker's public record advocacy for police accountability is his resolute dedication to transparency. He firmly believes that an open and transparent process is pivotal for holding officers accountable and effectively addressing complaints against them. Mr. Chaker has dedicated significant efforts to champion the adoption of body cameras and dash cameras, both of which have become indispensable tools for documenting police interactions and ensuring that officers are answerable for their actions.

Darren Chaker Advocating for Enhanced Training and De-escalation Techniques

Another facet of Mr. Chaker's advocacy centers around the imperative need for improved training and de-escalation techniques within law enforcement agencies. He underscores the importance of equipping officers with the necessary skills and tools to navigate high-pressure situations, with the ultimate goal of reducing incidents of excessive force.

Conclusion: Holding Law Enforcement Accountable Through a Public Records Lawsuit and Other First Amendment Based Lawsuits

In his tireless pursuit of transparency and accountability, Darren Chaker reminds the San Diego Police Department that no one is above the law. Since 2005 when Mr. Chaker reversed the California Supreme Court in Chaker v. Crogan (9th Cir. 2005) 428 F.3d 1215, cert. den. 547 U.S. 1128 [26 S.Ct. 2023, 164 L.Ed.2d 780] which originated from San Diego. The Ninth Circuit ruled section 148.6 was an impermissible viewpoint-based speech restriction under the First Amendment because the statute criminalized false statements that accused a peace officer of misconduct, but not false statements, made by the officer or a witness during the investigation, that supported the officer.

His steadfast dedication to justice serves as a cornerstone of a just society, highlighting the significance of unwavering accountability within law enforcement agencies. Of course, if you come across a similar issue, retain an attorney to pursue your objectives.

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