DICKSTEIN & MERIN
MARK E. MERIN, ESQ., SBN 043849 2001 P Street, Suite 100 Sacramento, California 95814 PHONE: (916) 443-6911

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KELLI M. EVANS, ESQ., SBN 175241 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA, INC. 1663 Mission Street, Suite 460 San Francisco, CA 94103 PHONE: (415) 621-2493

FILED
AUG -11997
CLESX, U.3. CISTftlCT COURT EASTERN DISTRICT OF CALIFORNIA BY
DEPUTY CLEPX

Attorneys for Plaintiffs VANG HER, individually and as Guardian ad Litem for BEE HER, a minor, JOUA HER, a minor, SONG HER, a minor, SENG HER, a minor, FUE HER, a minor, SHEUR HER, a minor, and GAOHLY 10 HER, a minor, SAI XIONG and MAO YANG

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12

UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA

14
15 VANG HER, individually and as Guardian ad Litem for BEE HER, a
16 minor, JOUA HER, a minor, SONG HER, a minor, SENG HER, a minor,
17 FUE HER, a minor, SHEUR HER, a minor, and GAOHLY HER, a minor,
18 SAI XIONG and MAO YANG,

CJV-S-97-H13IYBSGGH
CASE NO. COMPLAINT FOR DAMAGES DEMAND FOR JURY TRIAL

19

Plaintiffs,

20 v.
21 BRIAN FREEMAN, Deputy Sheriff of Yuba County, THENG SAECHAO,
22 Deputy Sheriff of Yuba County, LIEUTENANT RON JOHNSON, of the
23 Yuba County Sheriff's Department, MIKEIAL K.
24 WILLIAMSEN, Deputy Sheriff of Yuba County, and the COUNTY OF
25 YUBA,

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Defendants.

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1

I. INTRODUCTION

2

This is a civil action seeking damages against defendants for

3 committing acts, under color of state law, which deprived plaintiffs of

4 rights secured under the Constitution and laws of the United States and

5 State of California. Plaintiffs allege that defendants, Deputy Sheriffs 6 of the County of Yuba, deprived them of rights under the Fourth and 7 Fourteenth Amendments to the United States Constitution, Article 1,

8 Section 1 of the California Constitution, and California Civil Code

9 Section 52.1, by unlawfully entering plaintiffs' residence, illegally 10 detaining, arresting, and transporting plaintiffs, illegally searching

11 the residence, and illegally removing plaintiffs from school to transport 12 them to a Sheriff's facility for prolonged illegal interrogation. 13 Defendant COUNTY OF YUBA is liable as the employer of defendant Deputy 14 Sheriffs, under state law claims over which this Court has supplemental

15 jurisdiction. 16

II. JURISDICTION

17

1. This action is brought pursuant to 42 U.S.C. § 1984 and

18 the Fourth and Fourteenth Amendments to the United States Constitution.

19 Jurisdiction is based upon 28 U.S.C. § 1331. Furthermore, this Court has

20 supplemental jurisdiction under 28 U.S.C. § 1367(a) for related state

21 claims.

22

in;i. V E N U E

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2. A substantial part of the events or omissions giving rise

24 to the claims occurred in the County of Yuba, California. Pursuant to

25 28 U.S.C. § 1391(b) (2), venue therefore lies in the Eastern District of

26 California. 27 /// 28 ///

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1

IV. PARTIES

2

3. Plaintiffs VANG HER and SAI XIONG are residents of Yuba

3 County and the parents of minor children BEE HER, JOUA HER, SONG HER,

4 SENG HER, FUE HER, SHEUR HER, and GAOHLY HER, all of whom reside with

5 their parents in the County of Yuba. VANG HER is the Guardian ad Litem

6 for his minor children, BEE HER, JOUA HER, SONG HER, SENG HER, FUE HER,

7 SHEUR HER, and GAOHLY HER. MAO YANG is an aunt of VANG HER, who resides

8 with him and his family in Yuba County.

9

4. Defendants FREEMAN, SAECHAO, JOHNSON and WILLIAMSEN are,

10 and at all material times were, Deputy Sheriffs of the County of Yuba,

11 acting within the course and scope of their employment and acting under

12 color of state law.

13

5. Defendant COUNTY OF YUBA is a political subdivision of the

14 State of California, and the employer of individually named defendants

15 FREEMAN, SAECHAO, JOHNSON and WILLIAMSEN.

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6. On or about the afternoon of August 21, 1996, defendant

17 FREEMAN, without a warrant and without seeking or obtaining consent,

18 entered the residence of plaintiffs at 1336 Jason Drive, in Marysville,

19 California, and began an interrogation of plaintiff VANG HER. Defendant

20 FREEMAN asked VANG HER if he or any family members owned a B-B gun and

21 became abusive and threatened to incarcerate plaintiff VANG HER if he did

22 not produce a B-B gun.

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7. Plaintiff VANG HER, who is Hmong and not a native speaker

24 of English, requested defendant FREEMAN to provide a Hmong translator,

25 but defendant FREEMAN denied VANG HER'S request. Instead, defendant

26 FREEMAN took VANG HER's 10 year old daughter, plaintiff BEE HER, outside

27 of the residence without her consent or the consent of her parents,

28 detained her, questioned her, and refused to permit plaintiff VANG HER to

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observe or be present during defendant FREEMAN'S interrogation of

plaintiff BEE HER.

8. Defendant FREEMAN confined plaintiff BEE HER in the back

of his Sheriff's patrol car, closed the door, and continued to

interrogate plaintiff BEE HER without her or her parents' consent.

9. Defendant FREEMAN returned to the HER home with plaintiff

BEE HER, re-entered the residence without a warrant or consent of

plaintiffs, and searched the home, declaring he was looking for a B-B

gun.

10

10. Defendant FREEMAN directed BEE HER to open locked areas of

11 the house and searched those areas, repeatedly instructing VANG HER to

12 remain silent, and threatening to put all of the plaintiffs in jail if

13 they failed to produce the B-B gun he sought.

14

11. Finding no B-B gun after his warrantless search, FREEMAN

15 departed the residence.

16

12. During the entire time of FREEMAN'S warrantless entry and

17 search of the HER residence, all of the plaintiffs, including VANG HER,

18 SAI XIONG, MAO YANG and minor children BEE HER, JOUA HER, SONG HER, SENG

19 HER, FUE HER, SHEUR HER, and GAOHLY HER were present, and were terrified

20 and upset by defendant FREEMAN'S entry, threats of arrest, detention and

21 interrogation of BEE HER, and search of the premises.

13. On or about the morning of September 6, 1996, defendant

23 Yuba County Sheriff Deputy SAECHAO went to the HER residence at 1336

24 Jason Drive, in the City of Marysville, California, and without a warrant

25 or consent from the family, directed plaintiffs SAI XIONG, MAO YANG, SONG

26 HER, FUE HER, SHEUR HER and GAOHLY HER to enter a Sheriff's Department

27 van for transport to a Yuba County facility where they were all detained

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for several hours, against their will, and without warrants for their arrest.
14. Simultaneously with the detention of the plaintiffs mentioned in paragraph 12, above, defendant SAECHAO and defendant WILLIAMSEN went to Alicia School and Linda School in Marysville, California, whereupon they seized BEE HER, SONG HER and JOUA HER without warrants and without their consent or the consent of their parents, removed them from classes and forced them to enter vehicles for transport to a Yuba County facility where defendant SAECHAO proceeded to interrogate BEE HER without her or her parents' consent, without a warrant or any probable cause to arrest or to detain the juvenile.
15. Following hours of interrogation of BEE HER, defendants SAECHAO and JOHNSON loaded the family into a Sheriff's Department van and returned them to their home, whereupon defendants SAECHAO and JOHNSON again, without consent or warrant, re-entered the home and conducted a second unauthorized search of the HER residence, doing physical damage to the premises in the process of their search.
FIRST CLAIM 16. By the acts alleged in paragraphs 1 through 15 of this Complaint, defendants FREEMAN, SAECHAO, WILLIAMSEN and JOHNSON violated the rights guaranteed to plaintiffs by the Fourth and Fourteenth Amendments to the Constitution of the United States to be secure in their homes against warrantless searches and seizures and not to be deprived of liberty without due process of law, making defendants liable to plaintiffs under the provisions of § 1983 of Title 42 of the United States Code, for all damages suffered by defendants.
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17. As a proximate result of the violations of their civil

rights as stated above, all of the plaintiffs suffered mental and

emotional distress and general and special damages according to proof.

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SECOND CLAIM

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18. By the acts alleged in paragraphs 1 through 15 of this

Complaint, defendants, and each of them, violated California state law,

over which this Court has supplemental jurisdiction, by falsely detaining

and arresting each and every of the plaintiffs hereto.

19. By the acts alleged in paragraphs 1 through 15 of this

10 Complaint, defendants, and each of them, violated Article 1, Section 1 of

11 the California Constitution, over which this Court has supplemental

12 jurisdiction. Defendants violated each and every plaintiffs' reasonable

13 expectation of privacy by unlawfully entering and searching plaintiffs'

14 home.

15

20. By the acts alleged in paragraphs 1 through 15 of this

16 Complaint, defendants, and each of them, violated California Civil Code

17 Section 52.1, over which this Court has supplemental jurisdiction.

18 Defendants violated Section 52.1 by interfering, and attempting to

19 interfere, by threats, intimidation and coercion, with plaintiffs'

20 exercise and enjoyment of rights secured by the Constitution and laws of

21 the United States and of the rights secured by the Constitution and laws

22 of the State of California.

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21. On February 21, 1997, plaintiffs filed a Government Tort

24 Claim against defendants alleging violation and injuries arising out of

25 the events which occurred on August 21 and September 6, 1996, as more

26 particularly described above. Said claim was denied by the County of

27 Yuba Board of Supervisors on March 25, 1997.

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22. As a proximate result of the false detention and arrest of

plaintiffs, plaintiffs suffered mental and emotional distress, were

injured in their bodies and minds and suffered general and special

damages, the precise amount of which is presently unknown, and plaintiffs

seek leave to amend this Complaint to allege such amounts when the same

are ascertained.

23. The acts of defendants, and each of them, were wanton and

reckless, and engaged in with the intent to oppress plaintiffs who, as

Hmong people, largely ignorant of the English language, were particularly

10 vulnerable to abuse of police power. Such conduct justifies the award of

11 punitive damages in an amount in excess of $250,000.

12

WHEREFORE, plaintiffs pray for judgment as follows:

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1. For general and special damages according to proof;

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2. For attorneys' fees under 42 U.S.C. § 1988;

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3. For punitive damages;

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4. For costs of suit;

17

5.

18 proper.

19 DATED: July

20

For such other and further relief as the Court may deem

1997

DICKSTEIN & MERIN

21 22 23 f:\her\complaint.001 24

By: Mark E. Merin Attorney for Plaintiffs

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 </s> ACLU

Page 1 of 2

URL: http://www.aclu.org/police/abuse/14545prs19991004.html
ACLU Announces Settlement in Hmong Family's Lawsuit Against Yuba County Sheriff's Dept. (10/4/1999)
FOR IMMEDIATE RELEASE
SACRAMENTO -- The settlement of a 1997 police misconduct lawsuit filed by the American Civil Liberties Union of Northern California and others on behalf of Yuba County family has resulted in new policies aimed at preventing future abuses by local authorities, the ACLU said today.
The federal lawsuit was filed in August 1997 by the family of Vang Her, alleging a series of acts of police misconduct by Yuba County Sheriff's deputies while responding to a neighbor's claim that the Her's threeyear-old toddler had fired a B.B. gun. The Her family, like many in the community, are Hmong, originally from Southeast Asia.
According to the lawsuit, between August and September 1996, the deputies subjected the family to unlawful searches, at one point detaining the family -- including seven small children -- at the Sheriff's station.
The suit also charged that deputies interrogated the Hers' 10-year-old daughter in a Sheriff's Department vehicle without her parents' consent and that the Her children were seized from their elementary school classes without their parents' knowledge or consent.
The incidents occurred and the lawsuit was filed during the tenure of the prior Yuba County Sheriff, Gary Tindel. The settlement was agreed to by the current Sheriff, Virginia Black, who was elected in June 1998 and took office in January 1999.
The consent decree, the related settlement agreement and policy changes were negotiated by the ACLU and private attorneys on behalf of the Her family.
"This package of reforms should help prevent future police misconduct and also help in the effort to ensure a strong working relationship between the Hmong community and the Sheriff's Department," said ACLU attorney John Crew, who along with Mark Merin of Dickstein & Merin, are co-counsel for the Her family.
The settlement package includes:
z A new department Search and Seizure General Order aimed at guarding against abuses of Fourth Amendment rights in private homes;
z A new Hate Crimes General Order to ensure that criminal acts of ethnic and racial hatred will be properly identified and thoroughly investigated;
z A new Temporary Custody of Juveniles General Order spelling out how children should be treated by deputies and ensuring the protection of parental rights if students are questioned by deputies while in school;
z A strengthened Personnel Complaint Procedure General Order to improve the department's handling of allegations of misconduct;
z The translation into Hmong, Spanish and Punjabi languages of key forms and materials on the complaints process and the right to refuse consent to searches of private homes;

http://www.aclu.org/printer/printer.php

9/13/2006

ACLU

Page 2 of 2

z An agreement on the part of the current Sheriff to continue her problem-solving meetings with leaders of the local Hmong community and to, if necessary, agree to later assistance from the U.S. Justice Department's Community Relations Service to facilitate further discussions. In return, the Her family agreed to waive any claim to financial damages.
"We are hopeful that this case and the consent decree we were able to craft with Yuba County will both help improve the professionalism of the Sheriff's Department and address some of the concerns in the Hmong community," said co-counsel Mark Merin.
"By agreeing to a number of new or strengthened policies and by readily agreeing to formalize a process of discussion and mutual problem-solving with the Hmong community, we are hopeful that the current Sheriff is moving in the right direction."
The case is Her v. Yuba County.

© ACLU, 125 Broad Street, 18th Floor New York, NY 10004 This is the Web site of the American Civil Liberties Union and the ACLU Foundation.
Learn more about the distinction between these two components of the ACLU.
User Agreement | Privacy Statement | FAQs

http://www.aclu.org/printer/printer.php

9/13/2006

 </s> 09/28/99 15:47

®91685f> " '\

OBRIEN & BROWN

Si 002

JOHN M, O'BRIEN [SBN148757]
O'BRIEN & BROWN LLP
2 2339 Gold Meadow Way, Suite 230
Gold River, California 95670
3 Telephone: (916) 859-4910
Facsimile: (916)859-4911
4
DANIEL MONTGOMERY
5 COUNTY COUNSEL
OFFICE OF YUBA COUNTY COUNSEL
6 215 Fifth Street
Courthouse - Third Floor
7 Marysville, CA 95901-5788
Telephone: (916)741-6401
S
Attorneys for Defendants Freeman, Saechao,
9 and County of Yuba

Vang Her v. Brian Freeman
™ •* mm • • • • • m
PN-CA-009-002

10

11

12

UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OP CALIFORNIA

14

15 VANG HER, fttal.,

16

Plaintiffs,

Case No. CIV S 97 1413 WBS GGH STIPULATED CONSENT DECREE

17

v.

18 BRIAN FREEMAN, et al.,

19

Defendants.

20

21

The parties in the above-captioned matter have entered into a Settlement

22 Agreement which is dispositive of all of plaintiffs' claims. Pursuant to the terms of the

23 settlement, the parties have agreed that the Court may issue a consent decree which

24 memorializes the settlement obligations of the County of Yuba and the dismissal of

25 plaintiffs' action against all defendants with prejudice.

26

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND

27 DECREED:

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0 9 / 2 8 / 9 9 15:48 ® 9 1 6 8 5 P ' "* 1,

OBRIEN & BROWN

El 003

1. Defendant County of Yuba (hereinafter the "County") shall do all of the following:
(a) The County shall immediately adopt and enforce all General Orders drafted and modified by counsel for the parties. The General Orders to be amended or created, adopted and enforced are: General Order 324 entitled "Temporary Custody of Juveniles" (attached hereto as Exhibit 1); General Order 334 entitled "Hate Crimes" (attached hereto as Exhibit 2); General Order 602 entitled "Search and Seizure" (attached hereto as Exhibit 3); and, General Order 1020 entitled "Personnel Complaint Procedure" (attached hereto as Exhibit 4).

10

(b) For a period of three (3) years, the County shall notify the legal

11 director of the ACLU Foundation of Northern California (hereinafter "ACLU"), as

12 counsel for plaintiffs, in writing, of any changes to the policies, procedures and forms

13 regarding matters covered by the Settlement Agreement executed by the parties to this

14 matter. The County will make reasonable efforts to give written notification of any such

15 changes at least fifteen (15) days prior to the dissemination of the notice of such changes

16 to Yuba County Sheriffs Department employees. If the County is unable to provide

17 fifteen (15) day advance notification, the County shall provide written notice to the

18 ACLU as early as practicable, but in no event later than thirty (30) days after notice of

19 the changes has been given to any Yuba County Sheriffs Department employee. After

20 the three (3) year period, written materials on the matters covered by the executed

21 Settlement Agreement, including new or amended General Orders or official forms, shall

22 promptly be made available to the ACLU upon written request.

23

(c) The Yuba County Sheriff will meet, if requested, with

24 representatives of the Yuba County chapter of the Hmong Community Board Association 25 of America on not less than a quarterly basis for a period of not less than one (1) year 26 commencing with the date of the executed Settlement Agreement. The purpose of these

27 meetings shall be to discuss law enforcement matters of concern to the Hmong 28 community (including but not limited to ensuring that adequate translation services are

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08/28/99 15:48 ©91685P--'

OBRIEN & BROWN

1 available) and to, if possible, develop, agree upon and pursue possible solutions to those

2 concerned. If after four (4) meetings or one (1) year the Hmong Community Board

3 Association of America wishes to request the assistance of the Community Relations

4 Service of the United States Department of Justice in facilitating these discussions, the

5 County agrees to the Community Relations Services' participation.

6

(d) The County shall complete the translation of certain Yuba County

7 Sheriffs Department written materials into the Hmong, Spanish and Punjabi languages

3 no later than six (6) months after the date of execution of the Settlement Agreement

9 Those materials include:

10

(1) The form entitled "Consent to Search" (attached hereto

11

as Exhibit 5), the use of which is described in General Order

12

602 entitled "Search and Seizure"; and

13

(2) The flyer entitled "Policy for Complaints By Members

14

of the Public" (attached hereto as Exhibit 6), which is

15

described and required to be made available to the public

16

pursuant to California Penal Code §832.5(a).

17 Upon the completion of these translations, the County shall use and distribute these

18 revised forms in appropriate circumstances,

19

2. The above-captioned action is hereby dismissed with prejudice against all

20 defendants.

21

3. Each side to bear his, her or its own attorneys'fees and costs.

22

23 DATED: 24

25

26

WILLIAM B. SHUBB Judge of the United States District Court

27

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09/28/99 15:49 ©916831* ""1

OBRIEN & BROWN

,

ElOOS

SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is made and entered into by and between plaintiffs Vang Her, individually and as guardian ad litcm for Bee Her, a minor, Joua Her, a minor, Song Her, a minor, Seng Her, a minor, Fue Her, a minor, Sheur Her, a minor, and Gaohly Her, a minor, Sai Xiong and Mao Yang (hereinafter collectively referred to as the "Hers"), on the one hand, and defendants Brian Freeman ("Deputy Freeman")> Thcng Saechao ("Deputy Saechao") and the County of Yuba (the "County") (hereinafter collectively referred to as the "Defendants"), on the other hand. The above-named individuals and entity are the Parties ("Parties") to this Agreement.
This Agreement is made with reference to:
A. Those certain incidents which occurred on August 21,1996 and September 4, 1996, in the County of Yuba, which led, on or about September 1,1997 to the filing, by the Hers, of a complaint for damages in the United States District Court for the Eastern District of California, entitled Vang Her v. Brian Freeman, et al, case number CTv%S-97-I4I3 WBS GGH (hereinafter referred to as the "Lawsuit").
B. In their Lawsuit, the Hers contend, among other things, that Defendants violated their Fourth Amendment Rights to be free from unreasonable searches, that the Her children were illegally transported and detained at the Sheriffs Department, and that Deputy Saechao conducted an unlawful interrogation of Mao Yang and Sai Xiong and her minor children at the Sheriffs Department.
C. Defendants contend that the two searches of the Hers' residence and questioning of the Hers at the Sheriffs Department were conducted with the Hers' consent, and Defendants otherwise deny that they did anything unlawful or improper during their investigation of Phyllis Boom's complaint.
D. The Parties enter into this Agreement to settle the Hers1 Lawsuit and to avoid lengthy, costly and time-consuming litigation. By entering into this settlement, no Party admits any liability to another, and no Party concedes the validity of another Party's claims, allegations or arguments.
NOW, THEREFORE, for valuable consideration including the promises and obligations contained in this Agreement, the Parties agree as follows:
1. Recitals. The Parties hereby incorporate the recitals in paragraphs A through D above as if such recitals were set forth fully herein.
2. General Release In exchange for the obligations imposed on the County by the terms of this Agreement, the Hers, on behalf of themselves and their heirs, executors, administrators, and assigns (all hereinafter referred to as "Releasors"), do hereby unconditionally release, acquit and forever discharge Defendants, and all and each of their respective successors,
1

09/28/99 15:49 ©91885r"'\

OBRIEN & BROWN

assigns, officers, agents, employees, insurers, contractors, experts, consultants, attorneys, representatives and administrators, and any other individuals who are in privity with Defendants (all hereinafter referred to as "Releasees"), of and from any and all past, present or future claims, demands, damages, injuries, actions, causes of action of every nature, whether known or unknown, whether in law or equity, which Releasors now have or in the future may have against Rclcasccs, arising by reason of, arising out of, or in any way relating to any of the matters, transactions and occurrences referenced in this Agreement, including, but not limited to, any and all claims and causes of action that are asserted or could have been asserted in the Lawsuit (hereinafter referred to as "Released Claims").
3. Waiver of Future Claims: 'The Hers acknowledge that this is a general release and waive any and all rights granted under section 1542 of the California Civil Code or under any comparable federal or state statute or rule or law. Section 1542 provides:
A general release does not extend to claims which the creditor docs not know or expect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
4. Attorneys' Fees and Costs. Each Party agrees to bear his or her or its own attorneys' fees and costs related to the prosecution and/or defense of the Lawsuit or any of the Released Claims.
5. The County's Obligations. Defendants agree to the following terms upon execution of this Agreement as consideration for settlement of the Released Claims:
(a) Adoption and Enforcement pf Policies. Simultaneous with the signing of this Agreement, the County agrees to adopt and enforce all General Orders drafted and modified by counsel for the Parties and which are attached hereto as Exhibits 1 through 4, and by this reference are expressly made part of this Agreement. The General Orders to be amended or created, adopted and enforced are: General Order 324 entitled "Temporary Custody of Juveniles" (Exhibit 1); General Order 334 entitled "Hate Crimes" (Exhibit 2); General Order 602 entitled "Search and Seizure" (Exhibit 3); and, General Order 1020 entitled "Personnel Complaint Procedure" (Exhibit 4).
(b) No.[iiicaiiQn_oJlCMngesjOJlEQlici,es. For a period of three (3) years, the County agrees to notify the legal director of the ACLU Foundation of Northern California (hereinafter "ACLU"), as counsel for the Hers, in writing, of any changes to the policies, procedures and forms regarding matters covered by this Agreement. Defendants will make reasonable efforts to give written notification of any such changes at least fifteen (15) days prior to the dissemination of the notice of such changes to Yuba County Sheriffs Department employees. If Defendants are unable to provide fifteen (15) day advance notification, defendant shall provide written notice to the ACLU as early as practicable, but in no event later than thirty (30) days after notice of the changes has been given to any Yuba County Sheriffs Department employee. After the three (3) year period, written materials on the matters covered by this

09/28/99 15:50

©9168SP "'T

OBRIEN & BROWN

Agreement, including new or amended General Orders or official forms, shall promptly be made available to the ACLU upon written request,
(c) Meetings with 1-lmnng Community. The County agrees that its Sheriff will meet, if requested, with representatives of the Yuba County chapter of the Hmong Community Board Association of America on not less than a quarterly basis for a period of not less than one (1) year commencing with the date of this Agreement. The purpose of these meetings shall be to discuss law enforcement matters of concern to the Hmong community (including but not limited to ensuring that adequate translation services are available) and to, if possible, develop, agree upon and pursue possible solutions to those concerned. If after four (4) meetings Or one (1) year the HmOng Community Board Association of America wishes to request the assistance of the Community Relations Service of the United States Department of Justice in facilitating these discussions, the County agrees to the Community Relations Services1 participation.
(d) Translation of Forms and Informational Materials. The County agrees to complete the translation of certain Yuba County Sheriffs Department written materials into the Hmong, Spanish and Punjabi languages no later than six (6) months after the date of this Agreement. Those materials include:
(1) The form entitled "Consent to Search" attached as Exhibit 5 to this Agreement, the use of which is described in General Order 602 entitled "Search and Seizure" (Exhibit 3); and
(2) The flyer entitled "Policy for Complaints By Members of the Public" attached as Exhibit 6 to this Agreement and which is described and required to be made available to the public pursuant to Cali fomia Penal Code §832.5(a).
Upon the completion of these translations, the County agrees to use and distribute these revised forms in appropriate circumstances.
6. No Admission of Liability This Agreement pertains to disputed claims, is made for the convenience of the Parties to avoid the expense and disruption of litigation, and does not constitute in any way an admission of liability for or against the validity of any of the Released Claims.
7. Nn Assignment nfTCeleaseH Claims- The Hers' represent and warrant that they have not sold, transferred, assigned, conveyed or otherwise disposed of any claim covered by this Agreement and that they are the true owners of the Released Claims and have the power and right to assert the claims.
8. Covenant_&oi_ta_&.u.e. The Hers covenant and agree that they will forever refrain from instituting, prosecuting, maintaining, proceeding on, or advising to be commenced a suit which arises out of, or is or may be, in whole or in part, based upon, related to or connected with

09/28/99 15:51 O91fl8S<*'*'1,

OBRIEN & BROWN

the Released Claims or any of them. The Hers understand that this Agreement is a complete defense to any suit or other proceeding asserting any of the Released Claims which may be instituted by or on their behalf.
9. No Other Promises. The Parties represent and warrant that no other promises or inducements have been offered or given in consideration of this Agreement and that this Agreement is executed without reliance upon any statement or representation by any other Parry concerning the nature and extent of damages and/or legal liability which are disputed and denied.
10. Costs of Enft>r_cmn£nl. If any party commences any legal proceedings against any other Party with respect to any of the terms and conditions of this Agreement, the nonprevailing Party will pay the prevailing Party all expenses of those proceedings, including reasonable attorney's fees.
11. Binding.EjQ:e£t This Agreement binds and inures to the benefit of the successors and assigns of the Parties.
12. Construction. This Agreement will not be construed against the Party preparing it but will be construed as if prepared by all Parties.
13. Counterparts. This Agreement may be executed in several counterparts with the same effect as if all Parties signed one Agreement. All such counterparts constitute one Agreement.
14. California Taw This Agreement will be construed and interpreted according to the laws of the State of California.
15. Partial Invalidity. Should any of the provisions set forth herein be determined to be invalid by a court, agency or other tribunal of competent jurisdiction, such determination shall not affect the enforceability of any other provision herein.
16. Entire Agreement This Agreement constitutes the entire Agreement between the Parties and supersedes and replaces all previous agreements and understandings between them relating to this matter. The Parries agree that no promises or inducements Lave been made which caused any party to sign this Agreement other than those which are expressly set forth herein.
17. Modification of Agreement. No supplement, modification, waiver or amendment with respect to this Agreement shall be binding unless executed in writing by the Party against whom enforcement of such supplement, modification, waiver or amendment is sought.
18. Assistance of Counsel. The Parries acknowledge that they have been represented in negotiations for and in the preparation of this Agreement by counsel of their own choosing, that they have read this Agreement or that it has been read to them by counsel, that they have

09/28/99 15:51 O91685'"""l

OBRIEN & BROWN

@009

had this Agreement explained fully by counsel and that they are fully aware of the contents and legal effect of this Agreement. Each of the undersigned Parties warrants, represents and agrees that he, she or it is signing this Agreement of his, her or its own free act and will, and that, in executing this Agreement, they do so with full knowledge of any and all rights which they may have, and that they have received independent legal advice from their attorneys and guardians ad Iitem with regard to their various rights which they may have against each other, and which arise out of the facts alleged in the Lawsuit.
19. Cooperation. All Parties and their counsel agree to cooperate in the preparation and execution of all documents called for by the terms of this Agreement, including all documents necessary to obtain judicial approval of the Settlement Agreement and to effect a dismissal with prejudice of each and all of their claims asserted in the Lawsuit.
20. • Consent Decree. The Parties agree that a Consent Decree may be issued by the Court which, at a minimum, memorializes the County's obligations under this Agreement and the dismissal of plaintiffs' lawsuit against all defendants with prejudice.
21. Authority. By signing this Agreement, each party warrants and represents that he, she or it is authorized in all respects to enter into this Agreement and that all consents or actions required by law to enter into this Agreement have been obtained.
IN WITNESS WHEREOF, the Parties have read all of this Agreement consisting of six (6) pages and six (6) attached Exhibits and fully understand it and have caused the Agreement to be duly executed.

DATED:

.

_

By:

_

....

VANG HER, individually and as

Guardian ad Litcm for Bee Her, Joua

Her, Song Her, Seng Her, Shcur Her

and Gaohly Her

DATED:

By:. SA1X1ONG

DATED:

By: MAO YANG

DATED:

By: BRIAN FREEMAN

09/28/99 1.5:52 ©91685'' ' I

OBRIEN & BROWN

(21010

DATED:.

By:, THENG SAECHAO

DATED:

COUNTY OF YUBA

DATED;

By: BILL SIMMONS Its: Chairman of the Board of Supervisors
YUBA COUNTY SHERIFF

By: VIRGINIA BLACK

APPROVED AS TO FORM AND CONTENT:

DATED:

D1CKSTEIN & MERIN

By: MARK MERIN Attorneys for Plaintiffs

DATED:

AMERICAN CIVTL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA, INC.

DATED:

By: JOHN CREW Attorneys for Plaintiffs
O'BRIEN & BROWN LLP

By:
JOHN M, O'BRTEN Attorneys for Defendants

Exhibit " 1 "

Section
324

YUBA COUNTY SHERIFF'S DEPARTMENT

Temporary Custody of Juveniles

324.1 PURPOSE & SCOPE
This Departmental Policy is for the detention and disposition of juveniles taken into temporary custody by members of the Yuba County Sheriffs Department.
324.2 WELFARE & INSTITUTIONS CODE § 625
Legal authority for taking custody of juvenile offenders is found in Welfare and Institutions Code §625.
324.21 CONSTITUTIONAL RIGHTS ADVISEMENT In any case where a juvenile is taken into temporary custody, the juvenile should be promptly advised of his/her rights to ensure the admissibility of any spontaneous statements, whether or not questioning is intended.
324.3 TEMPORARY CUSTODY (300, 601, OR 602 WIC)
No juveniie may be held in temporary custody at the Yuba County Sheriffs facility without authorization of the arresting deputy's supervisor or the Watch Commander. An individual taken into custody for Welfare & Institutions Code § 300 or § 601 shall be processed as soon as practical. Juveniles detained under Welfare & Institutions Code § 602 may not be held at this facility for more than 6 hours from the time of arrival at the Sheriffs Department When a juvenile is taken into custody, the following steps shall be taken by the arresting deputy or the investigator assigned to the case:

(a) Place the detained juvenile in secure or non-secure custody and complete the Juvenile Detention Log (YCSO Form 606).
(b) Notify the juvenile's parent, guardian or a responsible relative that such juvenile is in custody and provide the location where the juveniie is being held and the intended disposition (Welfare & Institutions Code § 627).
(c) Submit a completed report to the Watch Commander for approval.

Status offenders and abused or neglected children (juveniles falling within provisions of Welfare & Institutions Code §§ 300 and 601) may not be detained in jails or lockups. They may be taken to welfare workers but may not be held in a secured environment or come into contact with adults in custody in the station.

324.31 TEMPORARY CUSTODY REQUIREMENTS All juveniles held in temporary custody shall have the following made available to them:

•

Access to toilets and washing facilities.

YUBA COUNTY SHERIFFS DEPARTMENT

Temporary Custody of Juveniles

•

•

One snack upon request during term of temporary custody if the juvenile has not

eaten within the past four hours or is otherwise in need of nourishment. The snack

shall be provided by the Deputy.

•

Access to drinking water,

•

Privacy during visits with a lawyer.

•

Provide the juvenile an opportunity to make at least two telephone calls within one

hour of being taken into temporary custody. The telephone calls must be made to a

parent, guardian, responsible relative, employer, or an attorney.

324.32 NON-CONTACT REQUIREMENTS (208 WIC) Contact between juveniles in temporary custody, both secure and non-secure, and adult prisoners shall be restricted as follows:

(a) There will be no communication between the juvenile and adult prisoners allowed.

(b) If an adult prisoner, including an inmate worker, is present with the juvenile in the same room or area, a Yuba County Sheriffs Department employee trained in the supervision of inmates shall maintain a constant side-by-side presence with either the juvenile or adult prisoner to assure there is no communication between the juvenile and adult prisoner.

(c) Situations in which a juvenile and adult prisoner may be in the same room or corridor shall be limited to:

1.

Booking

2. Medical screening

3. Inmate worker presence while performing work necessary for the operation of the Yuba County Sheriffs Department such as meal service and janitorial service.

4. Movement of persons in custody within the Yuba County Sheriffs Department

324.4 TYPES OF CUSTODY
The following provisions apply to types of custody, and detentions of juveniles brought to the Yuba County Sheriffs Department.

324.41 NON-SECURE CUSTODY All non-violent juveniles not meeting the criteria to be placed in a locked detention room, or any non-violent juvenile under the age of 14 taken into custody for a criminal violation, regardless of the seriousness of the offense, may be temporarily detained in the Sheriffs facility; however the custody must be non-secure. Non-secure custody means juveniles shall be placed in an unlocked room or open area. Juveniles may be handcuffed, but not to a stationary or secure object. Juveniles shall receive constant personal visual supervision by law enforcement personnel. Monitoring a juvenile using audio, video or other electronic devices does not replace constant personal visual supervision.
324.42 SECURE CUSTODY - WIC $ 602 Secure custody means a juvenile may be locked in a room or secured in a detention room subject to the following conditions:

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Temporary Custody of Juveniles - 2

YUBA COUNTY SHERIFFS DEPARTMENT

Temporary Custody of Juveniles

-

(a) Juvenile is 14 years of age or older.

(b) Juvenile is taken into custody on basis of having committed a criminal law violation as defined in 602 W1C.

(c) Detention at this facility does not exceed 6 hours from the time of arrival at the Sheriffs Station, when both secure and non-secure time is combined.

(d) Detention is for the purpose of giving the deputy time to investigate the case, facilitate the release of the juvenile to parents, or arrange transfer to Juvenile Hail.

(e) The deputy apprehending the juvenile has reasonable belief that the juvenile presents a "serious security risk of harm to self or others." Factors to consider include:

•

Age, maturity, and delinquent history of juvenile;

•

Severity of offense for which taken into custody;

•

Juveniles behavior;

•

Availability of staff to provide adequate supervision or protection of the

juvenile;

•

Age, type, and number of other individuals detained at the facility.

324.43 SECURE DETENTION OF JUVENILES OUTSIDE OF DETENTION ROOM Only juveniles meeting the criteria to be held in a locked detention room may be secured to a stationary object. The juvenile shall not be secured to a stationary object, i.e. chair, bench, etc., for more than 30 minutes unless a detention room is not available. If a juvenile is secured, the following conditions must be met:

(a) A Department employee must be present at all times to assure the juvenile's safety while secured to a stationary object.
(b) Juveniles who are secured to a stationary object are moved to a detention room as soon as one becomes available.
(c) Juveniles secured to a stationary object for longer than 30 minutes, and every 30 minutes thereafter, shall be approved by the Watch Commander and the reason for continued secure detention shall be documented.

324.44 JUVENILE DETENTION ROOMS The Yuba County Sheriffs Department has provided detention rooms outside of the adult jail facility. These rooms are designed for the temporary detention of juveniles meeting the criteria of secure custody. Deputies or Investigators placing juveniles in secure detention rooms shall comply with the following:
(a) It is the Deputy's responsibility to notify the Watch Commander, desk personnel, and/or Investigation personnel that a detention has begun. The juvenile must be told the reason for incarceration, the length of time secure detention will last and that it may not exceed a total of 6 hours.
(b) Any juvenile placed in a locked detention room shall be separated according to sex and the severity of the crime (felony or misdemeanor) unless emergency circumstances will not allow for this type of segregation. When such separation is

(07/99)

Temporary Custody of Juveniles - 3

YUBA COUNTY SHERIFFS DEPARTMENT

Temporary Custody of Juveniles

,

not possible, the Watch Commander shall be consulted for directions on how to proceed with the detention of the multiple juveniles involved.
(c) A written record will be maintained on a detention log, YCSO Form 606, located in the Watch Commander's office. This log will include the charges for which the juvenile is being detained, the circumstances that warrant a secured detention, the time the detention began, and the time it ended. There will also be a place for the Watch Commander to initial the log approving the detention to occur and to initial the log when the juvenile is released.
(d) It is the responsibility of a deputy (when available) to monitor the custody of the juvenile and to prepare the necessary paperwork to process the juvenile for release to a parent, guardian, or the appropriate juvenile custody facility. When a Deputy is not available, the Watch Commander, or his/her designee, shall be responsible for monitoring the detention of the juvenile, and ensure that appropriate paperwork is prepared to process the juvenile out of the custody of this Department. In all cases of a juvenile detention, the Watch Commander shall be notified of the detention, and, when applicable, the name of the investigator taking responsibility for the detention and processing of the juvenile.
(e) A thorough inspection of the detention room shall be conducted before placing a juvenile into the room. A second inspection shall be conducted after removing the juvenile. Any damage noted to the room shall be photographed and documented in the crime report.

324.45 JUVENILE'S PERSONAL PROPERTY
The deputy placing a juvenile into a detention room must make a thorough search of the juvenile's property. This will ensure ail items likely to cause injury to the juvenile or the facility are confiscated and placed in a property bag. The property shall be inventoried in the juvenile's presence and sealed into the bag. The property will be maintained by the responsible deputy or locked in secure location until the juvenile is released from the custody of the Yuba County Sheriffs Department.

324.46 MONITORING OF JUVENILES
The juvenile shall constantly be monitored by the audio/video system during the entire detention. An in-person visual inspection shall be done to ensure the welfare of the juvenile and shall be conducted at least once each half-hour, on an unscheduled basis, until the juvenile is released. This inspection shall not be replaced by video monitoring. This inspection shall be conducted by a designee of the Watch Commander, and the visual inspection shall be logged on the Inspection Log in the Watch Commander's office.

More frequent visual inspections should be made as circumstances dictate as in the case of an injured or ill juvenile being detained, or if specific circumstances exist such as a disciplinary problem, or suicide risk. In such instances the Watch Commander shall be fully informed about the special circumstances in order to evaluate continued detention of such a juvenile.
324.47 MANDATED JUVENILE PROVISIONS While a juvenile is being detained in the detention room, he/she shall be provided with the following provisions:

•

Reasonable access to toilets and washing facilities

(07/99)

Temporary Custody of Juveniles - 4

YUBA COUNTY SHERIFFS DEPARTMENT
Temporary Custody of Juveniles

•

Food, if the juvenile has not eaten within the past four hours, or is otherwise in need

of nourishment, including any special diet required for the health of the juvenile. All

food given to a juvenile in custody shall be provided from the jail food supply.

•

Reasonable access to drinking water

•

Privacy during lawyer visits

•

Blankets and clothing necessary to assure the comfort of the juvenile (clothing shall

be provided by the Jail if the juvenile's clothing is taken as evidence or is otherwise

unsuitable or inadequate for the continued wear while in custody)

324.48 FORMAL BOOKING (W1C 3 602 ONLY) No juvenile shall be formally booked without the authorization of the arresting deputy's supervisor, or, in his or her absence, the Watch Commander.
Any juvenile, fourteen (14) years of age or older, who is taken into custody for a felony, or any juvenile whose acts amount to a sex crime, shall be booked, fingerprinted, and photographed.
For all other acts defined as crimes, juveniles may be booked, fingerprinted, or photographed upon the approval from the Watch Commander or Detective Supervisor, giving due consideration to the following:
1. The gravity of the offense 2. The past record of the offender 3. The age of the offender

324.49 DISPOSITIONS Any juvenile not transferred to another juvenile facility shall be released to one of the following:
1. Parent or legal guardian 2. An adult member of his/her immediate family 3. An adult person specified by the parent/guardian 4. An adult person willing to accept responsibility, when the juvenile's parents are
unavailable as approved by the Watch Commander.

If the 6-hour time limit has expired, the juvenile should be transported to the juvenile hall to accept custody.

After a deputy has taken a juvenile into temporary custody for a violation of law, the following dispositions are authorized:

•

The arresting deputy may counsel or admonish the juvenile and recommend no

further action be taken.

(07/99)

Temporary Custody of Juveniles - 5

(

(••

YUBA COUNTY SHERIFFS DEPARTMENT

Temporary Custody of Juveniles

•

If the arresting deputy or the Watch Commander feels that further action is needed,

the juvenile will be released to a responsible person as listed above, and such

juvenile will be advised that follow-up action will be taken.

•

The arresting deputy may complete an Application for Petition on behalf of the

juvenile and forward it to the Probation Department for processing.

•

The juvenile may be transferred to Juvenile Hall with authorization of the appropriate

supervisor or the Watch Commander when the violation falls within the provisions of

Welfare & Institutions Code § 602.

If a juvenile is to be transported to Juvenile Hall, the following forms shall accompany the juvenile:

•

Application for Petition.

•

The applicable report(s) for each juvenile transported shall be forwarded to the

Probation Department within 24 hours.

•

Any personal property taken from the juvenile at the time of detention.

324.5 JUVENILE CONTACTS AT SCHOOL FACILITIES Absent exigent circumstances, deputies should make every reasonable effort to notify responsible school officials prior to contacting a student on campus while school is in session.
(a) Reasonable efforts should be taken to coordinate with school officials to minimize disruption of school functions and maintain a low profile law enforcement presence when contacting a student.
(b) Whenever circumstances warrant the temporary detention or interview of a juvenile student on an elementary school campus, the deputy should:

1. Take all reasonable steps to notify a parent, guardian or responsible adult, including those phone numbers listed on any contact card on file with the school or provided by the student. All efforts to make contact with parents should be documented.
2. If efforts to contact a parent, guardian or responsible adult are unsuccessful, an interview with the juvenile may proceed without them. Upon the request of the juvenile, a school official or lawyer may be present during the interview in lieu of a parent.
3. if contacted, the selected parent or other responsible adult should be permitted to be present during any interview or provide oral consent for the interview to proceed in their absence. A student may select a responsible school official in the absence of a parent or guardian.

(a) An adult suspected of child abuse or other criminal activity involving the juvenile, or an adult, who in the opinion of the deputy appears to be under the influence or otherwise unable or incompetent to exercise

(07/99)

Temporary Custody of Juveniles - 6

•

•

(

I

YUBA COUNTY SHERIFFS DEPARTMENT

Temporary Custody of Juveniles

parental rights on behalf of the juvenile, will not be permitted to be present.
(b) If the deputy reasonably believes that exigent circumstances exist which would materially interfere with the deputy's ability to immediately interview the juvenile, the interview may proceed without the parent or other responsible adult In such circumstances, the exigent circumstances should be set forth in a related report.
(c) Whenever circumstances warrant the temporary detention or interview of a juvenile student on a secondary school campus, the deputy should:

1. Take all reasonable steps to notify a parent, guardian or responsible adult, including those phone numbers listed on any contact card on file with the school or provided by the student. All efforts to make contact with parents should be documented.
2. If efforts to contact a parent, guardian or responsible adult are unsuccessful, an interview with the juvenile may proceed without them. Upon the request of the juvenile, a school official or lawyer may be present during the interview.

324.6 RELEASE OF INFORMATION CONCERNING JUVENILES
Court decisions and legislation have combined to carefully specify situations in which information may be given out or exchanged when a case involves a juvenile. Deputies of this Department shall not divulge any information regarding juveniles in situations where they are uncertain of the legal authority to do so.
324.61 RELEASE OF INFORMATION BY SUPERIOR COURT ORDER A copy of the current policy of the Juvenile Court concerning authorized release of information and appropriate acknowledgment forms shall be kept with copies of this procedure in the Policy Manual. Such releases are authorized by Welfare & Institutions Code § 827.
324.62 RELEASE OF INFORMATION TO OTHER AGENCIES Welfare & Institutions Code § 828 authorizes the release of certain information to other agencies. It shall be the responsibility of the Records & Communications Supervisor and the appropriate Investigation supervisors to ensure that personnel of those bureaus act within legal guidelines.
324.7 ADDITIONAL CONSIDERATIONS PERTAINING TO JUVENILES
324.71 EMERGENCY MEDICAL CARE OF JUVENILES IN CUSTODY When emergency medical attention is required for a juvenile who is either in secure or nonsecure custody, the paramedics will be called. The Watch Commander shall be notified of the need for medical attention for the juvenile.
In cases where injury or illness is life threatening and where lost minutes may be the deciding factor, the arresting deputy or the discovering deputy should administer first aid prior to the arrival of the paramedics. The juvenile will then be transported to a medical facility.

(07/99)

Temporary Custody of Juveniles - 7

YUBA COUNTY SHERIFFS DEPARTMENT
Temporary Custody of Juveniles
324.72 SUICIDE PREVENTION OF JUVENILES IN CUSTODY The arresting deputy should be alert to potential symptoms based upon exhibited behavior that may indicate the juvenile is a suicide risk. These symptoms may include depression, refusal to communicate, verbally threatening to kill himself/herself, or any unusual behavior which may indicate the juvenile may harm himself/herself while in custody in either secure or non-secure detention.
The detaining or transporting deputy is responsible to notify the Watch Commander if he/she believes the juvenile may be a suicide risk. The Watch Commander will then make arrangements to contact Sutter-Yuba Mental Health Services for evaluation, or to contact Juvenile Hall and make arrangements for the transfer of the juvenile, providing the juvenile meets the intake criteria. The juvenile shall be under constant personal supervision until the transfer is completed.
324.73 USE OF RESTRAINT DEVICES The use of a restraint is an extreme measure and only for a temporary measure pending transportation to another facility or until other custodial arrangements can be made. The use of restraints shall only be used when the juvenile:
1. displays bizarre behavior that results in the destruction of property or show intent to cause physical harm to self or others;
2. is a serious and immediate danger to himself/herself or others;
3. otherwise falls under the provisions of Welfare and Institutions Code § 5150.
Restraint devices include devices which immobilize a juvenile's extremities and/or prevent the juvenile from being ambulatory. Restraints shall only be used after less restrictive measures have failed and with the approval of the Watch Commander.
Restraints shall only be used so long as it reasonably appears necessary for the juvenile's protection or the protection of others.
Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are property employed, and to ensure the safety and well being of the juvenile.
The Watch Commander shall arrange to have the juvenile evaluated by Sutter-Yuba Mental Health Services as soon as possible if there is evidence of mental impairment. When mental impairment is suspected, constant personal visual supervision shall be maintained in order to ensure that restraints are properly employed and to ensure the safety and well being of the juvenile. Such supervision shall be documented in the police report.
While in restraint devices, all juveniles shall be housed alone to protect them from abuse. In no case shall restraints be used as a punishment, or as a substitute for treatment.
324.74 DISCIPLINE OF JUVENILES IN CUSTODY No discipline shall be administered by Sheriffs Department personnel while a juvenile is in custody.

(07/99)

Temporary Custody of Juveniles - 8

(\

(

YUBA COUNTY SHERIFFS DEPARTMENT

Temporary Custody of Juveniles

.

324.75 DEATH OF A JUVENILE WHILE DETAINED
In the event of a juvenile's death while being detained at the Yuba County Sheriffs Department, the District Attorney's Office and the Sheriff-Coroners Office will conduct the investigation of the circumstances surrounding the death. The Operations Division Commander or his/her designee will conduct an administrative review of the incident

Pursuant to Government Code § 12525, the Sheriff or his/her designee shall provide the Attorney General with a report documenting the circumstances of the death within ten calendar days.

324.76 CURFEW VIOLATIONS
Juveniles detained for curfew violations will be charged with Yuba County Municipal Code § 8343.040. The juvenile(s) may be released in the field to their parent, legal guardian or responsible adult or brought to the station and released to a parent, legal guardian or responsible adult.

(07/99)

Temporary Custody of Juveniles - 9

Exhibit "2"

Section
334

YUBA COUNTY SHERIFFS DEPARTMENT

Hate Crimes
334.1 PURPOSE & SCOPE
The Yuba County Sheriffs Department recognizes the rights of all individuals guaranteed under the Constitution and the laws of this State. When such rights are infringed upon by violence, threats or other harassment, this Department will utilize all available resources to see that justice is served under the law. This policy provides members of this Department with guidelines for identifying and investigating incidents and crimes which may be motivated by hatred or other bias.
334.2 DEFINITIONS
HATE CRIMES - consist of any act of intimidation, harassment, physical force or threat of physical force directed against any person, group, family, community organization or property motivated in whole or in part by hostility toward real or perceived race, ethnic background, national origin, religious belief, gender, age, disability, sexual orientation or political affiliation with the intent of causing fear, injury, intimidation or to deter the free exercise and enjoyment of any right secured by the Constitution or the law.
334.3 CRIMINAL STATUTES:
Penal Code § 422 - prohibits verbal, written or electronically transmitted threats to commit great bodily injury or death to another or his/her immediate family.
Penal Code § 422.6 (a) - prohibits the use of force or threats of force to willfully injure, intimidate, interfere with, oppress, or threaten any person in the free exercise or enjoyment of rights and privileges secured by the Constitution or law because of the person's real or perceived race, color, religion, ancestry, national origin, disability, gender or sexual orientation. (NOTE: Speech alone does not constitute a violation of this section except when the speech itself threatened violence and the defendant had the apparent ability to carry out the threat.)
Penal Code § 422.6 (b) - prohibits knowingly defacing, damaging or destroying the real or personal property of any person for any of the purposes set forth in 422.6 (a)
Penal Code § 422.7 - provides for other criminal offenses involving threats, violence or property damage in excess of $500.00 to become felonies if committed for any of the purposes set forth in 422.6.
Penal Code § 422.9 - provides for the criminal enforcement of any order issued pursuant to Civil Code §52.1.

YUBA COUNTY SHERIFFS DEPARTMENT
Hate Crimes
Penal Code § 11411 - prohibits terrorizing by placing or displaying any unauthorized sign, mark, symbol, emblem or other physical impression (including Nazi swastika or burning cross) on another person's private property.
Penal Code § 11412 - prohibits threats terrorizing threats of injury or property damage to interfere with exercise of religious beliefs.
Penal Code § 594.3 - prohibits vandalism to religious buildings or places of worship.
Penal Code § 11413- prohibits use of explosives or other destructive devices for terrorizing another at health facilities, places of religion, group facilities and other specified locations.
334.4 CIVIL STATUTES:
Civil Code § 51.7 - except for statements made during otherwise lawful labor picketing, all persons in this state have the right to be free from any violence or intimidation by threat of violence against their person or property because of actual or perceived race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability or position in a labor dispute.
Civil Code § 52 - provides for civil suit by individual, Attorney General, District Attorney or City Attorney for violation of 51.7, including damages, TRO and injunctive relief.
Civil Code § 52.1 - provides for TRO and injunctions for violations of individual and Constitutional rights enforceable as criminal conduct under Penal Code 5 422.9.
334.5 PROCEDURE FOR INVESTIGATING HATE CRIMES Whenever any member of this Department receives a report of a suspected hate crime or other activity which reasonably appears to involve a potential hate crime, the following should occur.
(a) Officer(s) will be promptly assigned to contact the victim, witness or reporting party to investigate the matter further as circumstances may dictate.
(b) A supervisor should be notified of the circumstances as soon as practical.
(c) Once "in progress" aspects of any such situation have been stabilized (e.g. treatment of victims, apprehension of present suspects, etc.), the assigned officer(s) will take all reasonable steps to preserve available evidence which may tend to establish that a hate crime was involved.
(d) The assigned officer(s) will interview available witnesses, victims and others to determine what circumstances, if any, indicate that the situation may involve a hate crime.
(e) Depending on the situation, the assigned officer(s) or supervisor may request additional assistance from detectives or other resources to further the investigation.
(f) The assigned officers) will include all available evidence indicating the likelihood of a hate crime in the relevant report(s). All related reports will be clearly marked as "Hate Crimes" and, absent prior approval of a supervisor, will be completed and submitted by the assigned officer(s) before the end of the shift.

(

(•

YUBA COUNTY SHERIFFS DEPARTMENT

Hate Crimes

(g) The assigned officers) will provide the victim(s) of any suspected hate crime with a brochure on hate crimes. Penal Code § 13873 (Such brochures will also be available to members of the general public upon request). The assigned officers) should also make reasonable efforts to assist the victim(s) by providing available information on local assistance programs and organizations.
(h) The assigned officer(s) and supervisor should take reasonable steps to insure that any such situation does not escalate further, (e.g. Possible TRO through the District Attorney or City Attorney. Penal Code § 136.2 or Civil Code § 52.1 as indicated).

334.51 INVESTIGATION RESPONSIBILITY If a case is assigned to Detectives, the assigned Detective will be responsible for following up on the reported Hate Crime as follows:
(a) Coordinate further investigation with the District Attorney and other appropriate law enforcement agencies, as appropriate.
(b) Maintain contact with the victim(s) and other involved individuals as needed. (c) Maintain statistical data on suspected Hate Crimes and tracking as indicated.

334.6 TRAINING
All members of this Department will receive POST approved training on Hate Crime recognition and investigation as provided by Penal Code § 13519.6.

<

r

Exhibit "35

YUBA COUNTY SHERIFFS OFFICE

322.1 PURPOSE & SCOPE
Case law regarding search and seizure is ever changing and frequently subject to interpretation under the varying facts of each situation. However, this policy is intended to provide a few of the basic guidelines which may assist an officer in evaluating search and seizure issues. Specific situations should be handled according to current training and an officer's familiarity with dearly established case law.

322.2 REASONABLE EXPECTATION OF PRIVACY
Both the United States and the California Constitutions provide every individual with the right to be free from unreasonable governmental intrusion. As a general rule, members of this Department should not physically enter any area where an individual has a reasonable expectation of privacy in order to conduct a search or seizure without

•

A valid search warrant, or

•

Exigent circumstances; or

•

Valid consent.

322.3 SPECIFIC SITUATIONS
322.31 RESIDENCE Absent a valid search warrant, exigent circumstances or valid consent, every person has a reasonable expectation of privacy inside their home. Individuals do not, however, generally have a reasonable expectation of privacy in areas around their home where the general public (e.g. mailmen, salesmen, visitors) would reasonably be permitted to go.
322.32 PLAIN VIEW Because an individual does not have an expectation of privacy as to items which are in plain view, no "search" has taken place in a constitutional sense when an object is viewed from a location where the officer has a right to be.

An item in plain view may generally be seized when:

•

It was viewed from a lawful location;

•

There is probable cause to believe that the item is linked to criminal activity; and

•

The location of the item can be legally accessed.

It is important to note that the so-called "Nexus Rule" requires that even items in plain view must not be seized unless there is probable cause to believe that the item will aid in an investigation. Such a nexus should be included in any related reports.

( Search & Seizure

Yuba County Sheriff s Office (

322.33 EXIGENT CIRCUMSTANCES
Exigent circumstances permitting entry into premises without a warrant or valid consent generally include:

•

Imminent danger of injury or death; or

•

Serious damage to property; or

•

Imminent escape of a suspect; or

•

The destruction of evidence.

An exigency created by the officer's own conduct as an excuse for a warrantless entry is not generally permitted.

322.4 CONSENT
Entry into a location for the purpose of conducting a search for any item reasonably believed relevant to any investigation is permitted once valid consent has been obtained. However, consent is only valid if it is:

•

Voluntary (i.e. dear, specific and unequivocal); and

•

Obtained from a person with authority to give the consent

Whenever unusual circumstances would not otherwise prevent the use of the Department's "CONSENT TO SEARCH" form, deputies should have the individual read the form, ensure they understand it, and provide them with a copy after they have signed it.
If unusual circumstances prevent the use of the "CONSENT TO SEARCH" form, deputies should describe such circumstances in related report(s).
While there is no requirement that an individual be told of their right to refuse consent, such a warning and the use of the "CONSENT TO SEARCH" form provide strong support for the validity of any consent.
Consent must be obtained as the product of a free will. It cannot be obtained through submission to authority, expressed or implied.
At any point that an individual withdraws consent, any related search should be discontinued unless and until otherwise legally permitted.

Exhibit "4"

SEF-27-1999 12=18

.

.

Section
1020

YUBA COUNTY SHERIFFS DEPARTMENT

P.03/09

Personnel Complaint Procedure

1020.1 PURPOSE & SCOPE
The purpose of this procedure is to provide guidelines for the reporting, investigation and disposition of complaints regarding the conduct of members and employees of this department

1020.12 PERSONNEL COMPLAINTS DEFINED Personnel complaints consist of any allegation of misconduct or improper job performance against any department employee that, if true, would constitute a violation of department policy, federal, state or local law.

Inquiries about employee conduct which, even if true, would not qualify as a "personnel complaint" may be handled informally by a department supervisor and shall not be considered "complaints".
"Personnel Complaints" shall be classified in one of the following categories:

• Informal - a matter in which the complaining party knowingly and voluntarily expresses satisfaction that appropriate action has been taken by a department supervisor of rank greater than the accused employee and that a formal complaint need not be taken. Informal complaints need not be documented on a Personnel Complaint Form and the responsible supervisor shall have the discretion to handle the complaint in any manner consistent with this policy. Members of the public have an absolute right to file a complaint and departmental personnel should not attempt to convince a member of the public not to file formal complaints.

• Formal - a matter in which the complaining party requests further investigation or which a ranking department supervisor determines that further action is warranted. Such complaints may be investigated by a department supervisor of rank greater than the accused employee or referred to the Professional Standards Unit depending on the seriousness and complexity of the investigation.

1020.21 AVAILABILITY OF COMPLAINT FORMS
Personnel complaint forms will be maintained in a clearly visible location in the public lobby of the Sheriff's Department Forms may also be placed at other government facilities (e.g. County Offices).

• Any request for a complaint form shall be accommodated.

1020.22 SOURCE OF COMPLAINTS

•

Department employee becoming aware of alleged misconduct (shall immediately

notify a supervisor).

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•

A supervisor receiving a complaint from any source alleging misconduct of an

employee which, if true, could result in disciplinary action.

•

Anonymous complaints and third party complaints should be accepted and

investigated to the extent that sufficient information is provided.

1020.23 ACCEPTANCE OP COMPLAINTS A complaint may be filed in person, by writing or by telephoning the department. Although not required, every effort should be made to have the complainant appear in person. The following should be considered before taking a complaint
(a) Complaints shall not be prepared unless the alleged misconduct or job performance is of a nature which, if true, would normally result in disciplinary action.
(b) When an uninvolved supervisor or the Watch Commander determines that the reporting person is satisfied that their complaint required nothing more than an explanation regarding the proper/improper implementation of department policy or procedure, a complaint need not be taken.
(c) When the complainant is intoxicated to the point where their credibility appears to be unreliable, identifying information should be obtained and the person should be provided with a Personnel Complaint form.
(d) Depending on the urgency and seriousness of the allegations involved, complaints from juveniles should generally be taken only with their parents or guardians present and after the parents or guardians have been informed of the circumstances prompting the complaint.
1020.24 COMPLAINT DOCUMENTATION Formal complaints of alleged misconduct shall be documented by a supervisor on the department Personnel Complaint form. The supervisor shall insure that the nature of the complaint is defined as clearly as possible,
A supervisor may elect to document informal complaints on an inter-office memorandum or as an entry to a critical events file.
When a Personnel Complaint form is completed in person, the complainant should legibly write a detailed narrative of his/her complaint. If circumstances indicate that this is not feasible, the complaint may be dictated to the receiving supervisor. Whether handwritten or dictated, the complainant's signature should be obtained at the conclusion of the statement. The complaining party should also be provided with a copy of his/her own original complaint Penal Code § B32.7.
1020.25 FALSE COMPLAINT ADMONITION Every person making a complaint in person shall be instructed to carefully read and sign the admonitions on the Personnel Complaint form addressing consequences of filing a false complaint pursuant to Penal Code § 148,6 and Ch/ii Code § 47.5.
If the person refuses to sign the admonition, the supervisor should Indicate "refused to sign" and initial the appropriate signature block. A refusal to sign shall not, by itself, be considered grounds for rejecting 3 complaint, but may be taken into consideration when determining the manner in which the matter should be handled.

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If the complaint is received by telephone, the receiving supervisor should read the admonitions to the complainant and sign the signature block with a notation of the date and time read. If the complainant later appears in person, a second form should be completed and signed by the individual.
1020.3 SUPERVISOR RESPONSIBILITY
A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent aggravation of the situation.
In general, the primary responsibility for the investigation of a personnel complaint shall rest with the employee's immediate supervisor. However, the Sheriff or authorized designee may direct that another supervisor investigate it The supervisor shall be responsible for the following:

(a) A supervisor receiving a formal complaint involving allegations of a potentially serious nature shall insure that command staff within the employee's chain of command, up to and including the Sheriff, are notified as soon as practicable.
(b) A supervisor receiving or initiating any formal complaint shall,insure that a Personnel Complaint form has been completed as fully as possible. The original complaint form will then be directed to the Commanding Officer of the accused employee, via the chain of command, who will take appropriate action or forward the matter to the Professional Standards Unit for further action.

1. During the preliminary investigation of any complaint, the supervisor should . make every reasonable effort to obtain names, addresses and telephone numbers of additional witnesses.
2. Once immediate medical attention has been provided, photographs of alleged injuries should be taken.
3. In circumstances where the integrity of the investigation could be jeopardized by reducing the complaint to writing or where the confidentiality of a complainant is at issue, a supervisor shall orally report the matter to the employee's Division Commander or the Sheriff who will initiate appropriate action.

(c) A supervisor dealing with an accused employee shall insure that the procedural rights of the employee are followed pursuant to Government Code § 3303, et seq.

1020.4 ASSIGNMENT TO ADMINISTRATIVE LEAVE
When a complaint of misconduct is of a serious nature or when circumstances practically dictate that it would impose an unreasonable risk to the Department, the employee, other employees or the public, a supervisor may assign the accused employee to inactive duty pending completion of the investigation or the filing of administrative charges.
1020.41 ADMINISTRATIVE LEAVE An employee placed on Administrative Leave may be subject to the following guidelines:

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(a) Under such circumstances, an employee placed on administrative leave shall continue to receive regular pay and benefits pending the imposition of any discipline.
(b) An employee placed on administrative leave may be required by a supervisor to relinquish any badge, departmental identification, assigned weapon(s) and any other departmental equipment.
(c) An employee placed on administrative leave may be ordered to refrain from taking any action as a departmental employee or in an official capacity. The employee shall be required to continue to comply with all policies and lawful orders of a supervisor.
(d) An employee placed on administrative leave may be temporarily reassigned to a different shift (generally normal business hours) during the pendency of the investigation and the employee may be required to remain available for contact at ail times during such shift and report as ordered.
(e) It shall be the responsibility of the assigning supervisor to promptly notify the employee's Division Commander and the Sheriff.
(f) At such time as any employee placed on administrative leave is returned to full and regular duty, the employee shall be returned to their regularly assigned shift with alt badges, identification card and other equipment returned.

1020.5 ALLEGATIONS OP CRIMINAL CONDUCT Where an employee of this department is accused of potential criminal conduct, a separate supervisor or assigned detective shall be assigned to investigate the criminal allegations apart from any administrative investigation. Any separate administrative investigation may parallel a criminal investigation.
The Sheriff shall be notified as soon as practical when an employee is formally accused of criminal conduct. (In the event of serious criminal allegations, the Sheriff may request a criminal investigation by an outside law enforcement agency.)
An employee accused of criminal conduct shall be provided with all rights and privileges afforded to a civilian and the employee may not be administratively ordered to provide any information to a criminal investigator.
No information or evidence administratively coerced from an employee may be provided to a criminal investigator.
Any law enforcement agency Is authorized to release information concerning the arrest or detention of a peace officer, which has not led to a conviction [Labor Code § 432.7(b)]. However, no disciplinary action (other than paid administrative leave) shall be taken against the accused employee based solely on an arrest or crime report An independent administrative investigation shall be conducted based upon the allegations in the report in accordance with department policy.
1020.6 ADMINISTRATIVE INVESTIGATION OF COMPLAINT Whether conducted by a supervisor or an assigned member of the Professional Standards Unit, the following procedures shall be followed with regard to the accused employee(s):

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(a) Interviews of accused employees shall be conducted during reasonable hours and, if the employee is off-duty, the employee shall be compensated. Government Code § 3303(a).
(b) No more than two interviewers may ask questions of an accused employee. Government Code § 3303(b).
(c) Prior to any interview, an employee shall be informed of the nature of the investigation. Government Code § 3303{c).
(d) Ail interviews shall be for a reasonable period and the employee's personal needs shall be accommodated. Government Code § 3303(d).
(e) No employee shall be subjected to offensive or threatening language, nor shall any promises, rewards or other inducements be used to obtain answers. However, any employee refusing to answer questions directly related to the investigation may be ordered to answer questions administratively or be subject to discipline for insubordination. Once again, nothing administratively ordered may be provided to a criminal investigator. Government Code § 3303(e).
(f) Absent circumstances preventing it, the interviewer should record all interviews of employees and witnesses. The employee may also record the interview. If the employee has been previously interviewed, a copy of that interview shall be provided to the employee prior to any subsequent interview. Government Code § 3303(g).
(g) If the allegations involve potential criminal conduct, the employee shall be advised of his/her constitutional rights pursuant to Lybarger. This admonishment shall be given administratively whether or not the employee was advised of these rights during any separate criminal investigation. Government Code § 3303(h).
(h) All employees subjected to interviews that could result in punitive action shall have the right to have an uninvolved representative present during the interview. Government Code § 3303(i).
(i) Ail employees shall provide complete and truthful responses to questions posed during interviews.
(]) No employee may be compelled to submit to a polygraph examination, nor shall any refusal to submit to such examination be mentioned in any investigation. Government Code § 3307.

1020.61 ADMINISTRATIVE SEARCHES Any employee exhibiting objective symptoms of intoxication or influence and any employee involved in a shooting, death from police action or injury/fatal traffic collision may be administratively ordered to submit to a blood, breath or urine test. The results of such compelled testing shall be restricted to the administrative investigation.
Any employee may be compelled to disclose personal financial information pursuant to proper tegal process; if such information tends to indicate a conflict of interest with official duties; or, if the employee is assigned to or being considered for a special assignment with a potential for bribes. Government Code § 3308.
Employees shall have no expectation of privacy when using telephones, computers, radios or other communications provided by the department.

Personnel Complaint Procedure - 1 4

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Assigned lockers and storage spaces may only be administratively searched (1) in the employee's presence or, (2) with the employee's consent or, (3) with a valid search warrant or, (4) where the employee has been given reasonable notice that the search will take place (Government Code § 3309).
Ail other departmental^ assigned areas (e.g. desks, office space, assigned vehicles) may be administratively searched by a supervisor, in the presence of an uninvolved witness, for non-investigative purposes. (E.g. obtaining a needed report or radio). An investigative search of such areas shall only be conducted upon a reasonable suspicion that official misconduct is involved.
1020.62 ADMINISTRATIVE INVESTIGATION FORMAT Investigations of personnel complaints shall be detailed, complete and essentially follow this format:
INTRODUCTION - include the identity of the employee(s), the identity of the assigned investigators), the initial date and source of the complaint.
SYNOPSIS - provide a very brief summary of the facts giving rise to the investigation.
SUMMARY OF ALLEGATIONS - list the allegations separately (including applicable policy sections) with a very brief summary of the evidence relevant to each allegation. A separate recommended FINDING should be provided for each allegation.
* EVIDENCE AS TO EACH ALLEGATION - each allegation should be set forth with the details of the evidence applicable to each allegation provided, including comprehensive summaries of employee and witness statements. Other evidence related to each allegation should also be detailed in this section.
CONCLUSION - a recommendation regarding further action or disposition should be provided.
EXHIBITS - a separate list of exhibits (tapes, photos, documents, etc.) should be attached to the report.
1020.7 DISPOSITION OF PERSONNEL COMPLAINTS Each allegation shall be classified with one of the following dispositions:
UNFOUNDED - when the investigation discloses that the alleged act(s) did not occur or did not involve department personnel.
EXONERATED - when the investigation discloses that the alleged act occurred, but that the act was justified, lawful and/or proper.
NOT SUSTAINED - when the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the employee.
SUSTAINED - when the investigation discloses sufficient evidence to establish that the act occurred and that it constituted misconduct.

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•

NOTE: if an investigation discloses misconduct or improper job performance which was not alleged in the original complaint, the investigator shall take appropriate action with regard to any additional allegations.

1020.8 COMPLETION OF INVESTIGATIONS
Every investigator or supervisor assigned to investigate a personnel complaint shall proceed with due diligence. Recognizing that factors such as witness availability and the complexity of allegations will affect each case, every effort should be made to complete each investigation within thirty (30) days of receipt. If the nature of the allegations dictate that confidentiality is necessary to maintain the integrity of the investigation, the involved employee® need not be notified of the pending investigation unless and until the employee is interviewed or formally charged.

If the complaining party is charged with a criminal offense associated with this investigation, then the investigation may be suspended until the completion of the criminal trial.

Upon completion, the report should be forwarded through the chain of command to the commanding officer of the involved employee(s). Once received, the Sheriff may accept or modify the classification and recommendation for disciplinary action contained in the report

Within thirty (30) days of the final review by the Sheriff, written notice of the findings shall be sent to the complaining party. This notice shall indicate the findings, however, will not disclose the amount of discipline, if any imposed. Penal Code § 832.7.

Any complaining party who Is not satisfied with the findings of the Department concerning their complaint may contact the Sheriff in order to discuss the matter further.

1020.91 CONFIDENTIALITY OP PERSONNEL FILES All investigations of personnel complaints shall be considered confidential peace officer personnel files. The contents of such files shall not be revealed to other than the involved employee or authorized personnel except pursuant to lawful process.
In the event that an accused employee (or the representative of such employee) knowingly makes false representations regarding any internal investigation and such false representations are communicated to any media source, the Department may disclose sufficient information from the employee's personnel file to refute such false representations. Penal Code § S32.5.

All formal personnel complaints shall be maintained for a period of no less than five (5) years. Penal Code § 832.5. All non-citizen (i.e. those that originate internally) initiated complaints shall be maintained no less than two (2) years. Government Code § 34090 et seq.

Sustained complaints shali be maintained in the employee's personnel file. Complaints which are unfounded, exonerated or not sustained shall be maintained by the Professional Standards Unit apart from the employee's personnel file.

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Personnel Complaint Procedure - 1 s
TDTftl P. PIS

Exhibit "5"

10/01/99 17:11 ©9168594811

OBRIEN & BROWN

_. _ _ . _ _ l ° 0 _ 2

CONSEHT TO SEAfiCH

I,

.„

, have been informed

by _

m

and

who made proper identification as (an) authorized law enforcement

officers of the Yuba County Sheriff's Department of my CONSTITU-

TIONAL RIGHT not to have a search made of the premises and property

owned by me and/or under my care, custody and control, without a

search warrant.

Knowing of my lawful right to refuse to consent to such

a search, I willingly give my permission to the above-named officer(s)

to conduct a complete search of the premises and property, including

all buildings and vehicles, both inside and outside of the property

located at

, «____

_^__^_

The above-said officer(s) further have my permission to take from my premises and property, any letters, paperst materials or any other property or things which they desire as evidence for criminal prosecution in the case or cases under investigation.

This written permission to search without a search

warrant is given by me to the above officer(s) voluntarily and

without any threats or promises Of any kind, at

AM/PM on

this

day or .

_ 1 9 at

'

;

California.

WITNESS
ADDRESS ^ TELEPHONE

Signed

OFFICER

YUBA COUNTY SHERIFF'S DEPARTMENT

'

~"~ 2 I 5 F i f t h Street

Marysville, CA 95901

Telephone (916) 741-6331

Rev 7-85

Exhibit "6"

Apr-OS-99 15:27 " T E ^ - 9 9 l S : S a Yuba Co. Sh«r-1-rr" s O a p t
County ofYuba
OFFICE OFTHK SHERIFF - CORONER

53.07416287

P.O1

VIRGINIA R- BLACK
SluriJT- Cocnifeer
FAX(53O)74t-»US

POLICY FOR COMPLAINTS BY MEMBERS OP T H E PUBLIC

A relationship of trust and confidence between members of the Yuba County Sheriff's b«partsent and the community they serve ia essential to effective law enforcement. Law enforcement- officers must be Cree to exercise their best sudgraent and to initiate enforcement action in a responsible/ Lawful and impartial manner without fear o£ reprisal. 'Enforcers of the- law have * special obligation to. respect the rights of all persons.

The Yuba County Sheriff's Department acknowledges its responsibility to establish a complaint system and a disciplinary procedure which n-ot only will subieci; the. officer to corrective action when h e or she. conduces niinself or herself improperly, but also will protect him ox her from unwarranted criticism when he or she discharge their duties properly. It is the purpose of these procedures to provide a prompt, just and open disposition of complaints regarding the conduct of members and employees of this Department.

It is the policy of the County o£. Yuba and the Yuba County Sheriff's Department to encourage the public to bring to the attention, of the Sheriff'3 D e p a r t m e n t , complaints about the conduct of- its members whenever a person believes a law enforcement a e ^ is improper. Complaints will be received courteously by all on-duty employees of the Sheriff's Department.

The Sheriff's Department viLl make ev<»CY effort to insure that no adverse consequences occur to any person or witness as a result of having brought a complaint or having provided information in any investigation of a campla,int« An.y departmental employee w h o subjects a complainant or witness to recrimination shall incur appropriate disciplinary action.

Sincerely.

C

JL. ft. BLACK

SHEHd^-CORONEft

COURTHOUSE • ilSflf'TH STRCP.T • MARYSVll.LE.CAUFOR.NiA

1 -57S3

 </s> Live 2.4 CM/ECF - U.S. District Court for Eastern California - Docket Report

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U.S. District Court Eastern District of California - Live System (Sacramento) CIVIL DOCKET FOR CASE #: 2:97-cv-01413-WBS-GGH

CLOSED

Her v. Yang, et al Assigned to: Judge William B. Shubb Referred to: Magistrate Judge Gregory G. Hollows Demand: $0 Cause: 42:1983 Civil Rights Act

Date Filed: 08/01/1997 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff Vang Her

represented by Mark E Merin Law Office of Mark E Merin 2001 P Street Suite 100 Sacramento, CA 95814 916-443-6911 Email: mark@markmerin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Brian Freeman Deputy Sheriff of Yuba County
Defendant Theng Saechao

represented by John Michael O'Brien John M O'Brien and Associates 9401 E Stockton Boulevard Suite 225 Elk Grove, CA 95624 916-714-8200 Email: jobrien@jobrienlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daniel George Montgomery Yuba County Counsel 915 Eighth Street Suite 111 Marysville, CA 95901-5788 530-749-7565 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Michael O'Brien (See above for address)

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Defendant Ron Johnson TERMINATED: 09/29/1998
Defendant Mikeial K Williamsen TERMINATED: 09/29/1998
Defendant County of Yuba TERMINATED: 02/26/1999

LEAD ATTORNEY
represented by John Michael O'Brien (See above for address) TERMINATED: 09/29/1998 LEAD ATTORNEY
represented by John Michael O'Brien (See above for address) TERMINATED: 09/29/1998 LEAD ATTORNEY
represented by John Michael O'Brien (See above for address) TERMINATED: 02/20/1998 LEAD ATTORNEY

Date Filed 08/01/1997 08/01/1997 08/01/1997 08/01/1997 08/13/1997
09/08/1997 09/08/1997 09/08/1997

#

Docket Text

1 COMPLAINT for damages; jury demand, fee status paid, receipt # 180021, assigned to Chief Judge William B. Shubb referred to Magistrate Judge Gregory G. Hollows (old) (Entered: 08/05/1997)

2 PETITION by plaintiff Vang Her for appointment of guardian ad litem (old) (Entered: 08/05/1997)

LODGED order approving petition for guardian ad litem (old) (Entered: 08/05/1997)

3 ORDER setting scheduling conference for 9:00 10/14/97 before Chief Judge William B. Shubb (cc: all counsel) (old) (Entered: 08/05/1997)

4 ORDER by Chief Judge William B. Shubb ORDERING lodged petition approving appointment of guardian ad litem [0-0] GRANTED; Vang Her appointed guardian ad litem for Bee Her, Joua Her, Song Her, Seng Her, Fue Her, Sheur Her, and Gaohly Her; Further ordered: Vang Her is authorized to employ an attorney to conduct litigation, and to pay attorney a reasonable fee as approved by Court (cc: all counsel) (old) (Entered: 08/13/1997)

5 PROOF OF SERVICE by plaintiffs of summons and complaint on Lieutenant Ron Johnson of the Yuba County Sheriff's Department (old) (Entered: 09/09/1997)

6 PROOF OF SERVICE by plaintiffs of summons and complaint on Theng Saechao, Deputy Sheriff of Yuba County (old) (Entered: 09/09/1997)

7 PROOF OF SERVICE by plaintiffs of summons and complaint on

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09/08/1997 09/10/1997 09/24/1997 09/26/1997 10/03/1997 10/07/1997
02/18/1998 02/20/1998
05/01/1998 06/25/1998 06/29/1998 08/10/1998 08/13/1998
09/29/1998

Mikeial K Williamsen, Deputy Sheriff of Yuba County (old) (Entered: 09/09/1997)
8 PROOF OF SERVICE by plaintiffs of summons and complaint on County of Yuba on 8/21/97 (old) (Entered: 09/09/1997)
9 ANSWER by defendants Brian Freeman, Theng Saechao, Ron Johnson, Mikeial K Williamsen, County of Yuba; jury demand (old) (Entered: 09/11/1997)
10 ANSWER by dfts; jury demand (old) (Entered: 09/25/1997)
11 RETURN OF SERVICE executed upon defendant Brian Freeman on 9/18/97 (ndd) (Entered: 09/29/1997)
12 JOINT STATUS REPORT by pltfs and dfts (old) (Entered: 10/06/1997)
13 STATUS (PRETRIAL SCHEDULING) ORDER by Chief Judge William B. Shubb ORDERING that no further joinder of parties or amendments to pleadings is permitted except with leave of court; discovery ddl set for 6/1/98; motion hearing ddl set for 8/10/98; pretrial conference set for 10:00 9/21/98; trial set for 9:00 11/17/98 (cc: all counsel) (ndd) (Entered: 10/07/1997)
LODGED Substitution of Attorneys by defendants Theng Saechao, Ron Johnson, Mikeial K Williamsen, and County of Yuba (old) (Entered: 02/20/1998)
14 ORDER by Chief Judge William B. Shubb ORDERING withdrawing attorney John Michael O'Brien for County of Yuba and substituting attorney John Michael O'Brien (cc: all counsel) (old) (Entered: 02/20/1998)
15 DESIGNATION of expert witnesses by plaintiffs (old) (Entered: 05/04/1998)
LODGED Stipulation continuing pretrial conference and trial date by defendant (ch) (Entered: 06/26/1998)
16 ORDER by Chief Judge William B. Shubb ORDERING pretrial conference reset for 10:00 11/23/98; trial reset for 9:00 1/26/99 (cc: all counsel) (ndd) (Entered: 06/29/1998)
LODGED stipulation continuing non discovery law and motion cut-off date by defendants Ron Johnson, Mikeial K Williamsen, defendant County of Yuba (old) (Entered: 08/12/1998)
17 ORDER by Chief Judge William B. Shubb ORDERING Stipulation continuing non discovery law and motion cut off date to 11/2/98 is GRANTED motion filing ddl set for 11/2/98 (cc: all counsel) (ch) Modified on 08/13/1998 (Entered: 08/13/1998)
LODGED stipulation continuing pretrial conference and trial date by defendant (old) (Entered: 09/30/1998)

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09/29/1998 10/01/1998 01/06/1999 01/25/1999
01/25/1999 01/25/1999 01/25/1999 01/25/1999 01/29/1999 01/29/1999 02/08/1999
02/08/1999 02/08/1999

18 STIPULATION for dismissal of Lieutenant Ron Johnson and Deputy Sheriff Mikeial Williamsen shall be dismissed from pltf complaint with prejudice (old) (Entered: 09/30/1998)
19 ORDER by Chief Judge William B. Shubb ORDERING pretrial conference RESET for 10:00 3/15/99; trial RESET for 9:00 5/11/99; discovery ddl satisfied on 10/1/98; motion filing deadline RESET for 2/1/99 (cc: all counsel) (as) (Entered: 10/01/1998)
20 STIPULATION extending non-discovery law and motion cut-off by dfts (old) (Entered: 01/12/1999)
21 NOTICE OF MOTION and MOTION for summary judgment by defendants , or, alternatively for summary adjudication of issues by dfts Brian Freeman, Theng Saechao, Ron Johnson, Mikeial K Williamsen, County of Yuba motion TO BE HEARD by Judge William B. Shubb ; Motion Hearing Set For 2/22/99 1:30pm (ndd) (Entered: 01/27/1999)
22 MEMORANDUM OF POINTS AND AUTHORITIES by defendant in support of Motion for summary judgment [21-1] or alternatively, motion for summary adjudication of issues [21-2] (ndd) (Entered: 01/27/1999)
23 SEPARATE STATEMENT of Undisputed Material Facts in support of dfts' Motion for summary judgment [21-1] or alternatively motion for summary adjudication of issues [21-2] (ndd) (Entered: 01/27/1999)
24 DECLARATION of John M O'Brien in support of Motion for summary judgment [21-1] or alternatively motion for summary adjudication of issues [21-2] (ndd) (Entered: 01/27/1999)
25 PROOF OF SERVICE by defendant of [24-1], [23-1], [22-1], [21-1], [21-2] (ndd) (Entered: 01/27/1999)
26 DECLARATION of John M O'Brien in support of motion for summary judgment or alternatively, motion for summary adjudication of issues (old) (Entered: 02/01/1999)
27 STATEMENT by plaintiff Vang Her of undisputed material facts in support of motion for summary judgment [21-1] (old) (Entered: 02/01/1999)
28 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION by plaintiffs to motion for summary judgment by defendants [21-1], to motion for summary adjudication of issues by dfts Brian Freeman, Theng Saechao, Ron Johnson, Mikeial K Williamsen, County of Yuba [21-2] (ch) (Entered: 02/09/1999)
29 APPENDIX by plaintiffs exhibits in opposition to dfts motion for summary judgment or alternatively motion for summary adjudication [28-1] (ch) (Entered: 02/09/1999)
30 STATEMENT by plaintiff of material facts in opposition to dfts motion for summary judgment or alternatively motion for summary adjudication of issues (ch) (Entered: 02/09/1999)

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02/09/1999 02/11/1999
02/11/1999 02/11/1999 02/11/1999 02/16/1999
02/22/1999
02/26/1999
03/01/1999 03/01/1999 03/02/1999 03/08/1999 03/15/1999
03/18/1999

31 PROOF OF SERVICE by plaintiffs of [30-1], [29-1], [28-1], [27-1], [261] (as) (Entered: 02/10/1999)
32 REPLY by defendants to response to motion for summary judgment by defendants [21-1], motion for summary adjudication of issues by dfts Brian Freeman, Theng Saechao, Ron Johnson, Mikeial K Williamsen, County of Yuba [21-2] (ch) (Entered: 02/12/1999)
33 DECLARATION of Ronald Johnson in support of dft motion for summary judgment or alternatively motion for summary adjudication of issues [21-1], [21-2] (ch) (Entered: 02/12/1999)
34 SUPPLEMENTAL declaration of John M O'Brien by defendants in support of motion for summary judgment or alternatively motion for summary adjudication of issues [26-1] (ch) (Entered: 02/12/1999)
35 PROOF OF SERVICE by defendant of [34-1], [33-1], [32-1] (ch) (Entered: 02/12/1999)
36 NOTICE by dfts Brian Freeman, Theng Saechao, Ron Johnson, Mikeial K Williamsen, County of Yuba regarding the filing of original signature page to the declaration of Ronald Johnson [33-1] (as) (Entered: 02/17/1999)
37 MINUTES of 2/22/99 before Chief Judge William B. Shubb motion for summary judgment by defendants [21-1] SUBMITTED, motion for summary adjudication of issues by dfts Brian Freeman, Theng Saechao, Ron Johnson, Mikeial K Williamsen, County of Yuba [21-2] SUBMITTED; order to be prepared by the court C/R Kelly O'Halloran (ch) (Entered: 02/23/1999)
38 ORDER by Chief Judge William B. Shubb ORDERING motion for summary judgment and summary adjudication by defendants [21-1] [212] GRANTED on claims against dfts Ron Johnson Mikeial Williamsen and the claim against dft Yuba County and DENIED in all other respects party County of Yuba, party Mikeial K Williamsen, party Ron Johnson DISMISSED; (cc: all counsel) (ch) (Entered: 02/26/1999)
39 PRETRIAL STATEMENT from plaintiff (ch) (Entered: 03/02/1999)
40 PROOF OF SERVICE by plaintiff of [39-1] (ch) (Entered: 03/02/1999)
41 MINUTE ORDER jury trial reset for 9:00 5/25/99 (cc: all counsel) (ch) (Entered: 03/03/1999)
42 SEPARATE PRETRIAL STATEMENT from dfts Brian Freeman, Theng Saechao, County of Yuba (as) (Entered: 03/09/1999)
43 MINUTES of 3/15/99 before Chief Judge William B. Shubb pretrial conference held on 3/15/99 jury trial set for 9:00 5/25/99 settlement conference set for 2:00 3/26/99 before Judge Levi (ch) (Entered: 03/16/1999)
44 PRE-TRIAL ORDER approved by Chief Judge William B. Shubb ;

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settlement conference set for 10:00 3/26/99 ;jury trial set for 9:00 5/11/99; counsel for each party shall file trial briefs no later than 7 court days prior to trial; any objections or suggested modifications to this pretrial order shall be filed and served within 10 calendar days from the date of this order (cc: all counsel) (old) (Entered: 03/18/1999)
45 NOTICE by defendants Brian Freeman and Theng Saechao regarding the lodging of defendants' confidential settlement conference statement (old) (Entered: 03/24/1999)
LODGED stipulation and order extending trial date by defendant (ch) (Entered: 04/01/1999)
46 ORDER by Chief Judge William B. Shubb ORDERING stipulation and order extending trial date [0-0] GRANTED jury trial set for 9:00 9/21/99 (cc: all (ch) (Entered: 04/02/1999)
47 MINUTE ORDER jury trial set for 9/21/99 VACATED pursuant to a letter dated 8/25/99 from counsel Mark Merin the court has been advised the case has settled; the parties shall file dispositional documents by 10/1/99 (cc: all counsel) (ch) (Entered: 08/27/1999)
48 LETTER to court from counsel for plaintiff indicating the case has settled (ch) (Entered: 08/27/1999)
LODGED stipulated consent decree by defendants Brian Freeman, Theng Saechao, County of Yuba (as) (Entered: 10/05/1999)
49 CONSENT JUDGMENT by Chief Judge William B. Shubb ORDERED that the county shall immediately adopt and enforce all General Orders drafted and modified by counsel for the parties; the county shall complete the translation of certain Yuba County Sheriff's Dept written materials into the Hmong, Spanish and Punjabi languages no later than 6 months after the execution of Settlement Agreement (see judgment for details; CASE DISMISSED (cc: all counsel) (ndd) (Entered: 10/06/1999)

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[CONTENT] August 1, 1997 | ACLU | Northern California | 42 | the United States | the Eastern District | California | Vang Her | Yuba County Sheriff's ||| Hmong | Southeast Asia ||| three-year old | BB | Yuba County | seven | 10-year-old |||  ||| three ||| BB ||| February 26, 1999 | William B. Shubb |||  |||  ||| October 6, 1999 | Yuba County | Orders | Yuba County Sheriff's Department | Hmong | Spanish [SUMMARY] On  August 1, 1997, attorneys from the ACLU of Northern California filed a civil rights action pursuant to 42 U.S.C. § 1983 in the United States District Court for the Eastern District of California on behalf the family of Vang Her, alleging police misconduct by Yuba County Sheriff's deputies. The Her family are Hmong, originally from Southeast Asia.

Plaintiffs' complaint alleged that in the course of an investigation of a neighbor's complaint that Her's three-year old child fired a BB gun, Yuba County deputies subjected the family to unconstitutional searches and seizures, denied their requests for a translator, detained the entire family, which included seven children, at the Sheriff's station and interrogated Hers' 10-year-old daughter in a police cruiser without parental consent.  The complaint further alleged that in a subsequent incident, Sheriff's deputies appeared at the Her residence without warrants and rounded up the adult occupants for detention and transportation to the station.  Plaintiffs also alleged that deputies went to the Her children's elementary schools and removed three Her children from class without the knowledge or consent of their parents.  Deputies never located a BB gun and criminal charges were not lodged against anyone in the Her family.

On February 26, 1999, district court Chief Judge William B. Shubb granted defendants' motion for summary judgment in part and denied it in part.  Claims against certain individual defendants were dismissed.  

Thereafter, the parties reached a settlement of the case.  On October 6, 1999, the court entered a consent judgment, which included the agreement that Yuba County adopt and enforce all General Orders drafted and modified by counsel for the parties, including new general orders pertaining to hate crimes, search and seizure, and detention of juveniles and that the County complete the translation of certain Yuba County Sheriff's Department written materials into the Hmong, Spanish, and Punjabi languages.

