Spalding et al v. City Of Oakland et al

Filing 105

STIPULATION AND SUPPLEMENTAL ORDER OF EXONERATION AND TO SEAL AND DESTROY ARREST RECORD. Signed by Judge Thelton E. Henderson on 09/30/2013. (tmi, COURT STAFF) (Filed on 9/30/2013)

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1 R. Michael Flynn SBN 258732 FLYNN LAW OFFICE 2 *NOTE NEW ADDRESS* 432 Ninth St Ste 200 3 Oakland, CA 94607 Tel: 510-893-3226 4 Fax: 510-625-8275 Email: rmflynnlaw@gmail.com 5 Attorneys for Plaintiffs DANIEL SPALDING, KATHARINE LONCKE, DANIELLE LOPEZ 6 GREEN, ADRIAN DRUMMOND-COLE 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 DANIEL SPALDING, KATHARINE ) LONCKE, DANIELLE LOPEZ GREEN, ) 12 ADRIAN DRUMMOND-COLE, individually ) and on behalf of all others similarly situated, ) 13 ) Plaintiffs, ) 14 ) vs. ) 15 ) CITY OF OAKLAND, COUNTY OF ) 16 ALAMEDA, ANTHONY BATTS, HOWARD ) JORDAN, JEFF ISRAEL, ERIC BRESHEARS, ) 17 EDWARD TRACEY, ANTHONY TORIBIO, ) DAVID DOWNING, ERSIE JOYNER, MIKE ) 18 POIRIER, DARRIN ALLISON, GREGORY ) AHERN, individually and in their official ) 19 capacities, and DOES 1-250, inclusive, ) ) 20 Defendants. ) ) 21 Case No.: C11-02867 TEH STIPULATED [PROPOSED] SUPPLEMENTAL ORDER OF EXONERATION AND TO SEAL AND DESTROY ARREST RECORDS Dept.: Courtroom 12, 19th Floor Judge: Hon. Thelton Henderson Complaint Filed: June 13, 2011 22 The undersigned, the attorneys for the parties herein, hereby stipulate as follows: 23 That they have reviewed the Proposed Supplemental Order of Exoneration and to Seal and 24 Destroy Records below and no party to this litigation objects to the Supplemental Order of 25 Exoneration. 26 . 27 28 -1- STIPULATION ON SUPPLEMENTAL PROPOSED ORDER OF EXONERATION AND TO SEAL AND DESTROY ARREST RECORDS Spalding, et al. vs. City of Oakland, et al.; USDC-Nor. Dist. of CA Case No. C11-02867 TEH 1 2 DATED: September 26, 2013 BOORNAZIAN, JENSEN & GARTHE A Professional Corporation 3 4 By: 5 6 7 _/s/ Gregory J. Rockwell GREGORY J. ROCKWELL, ESQ. Attorneys for Defendants COUNTY OF ALAMEDA and GREGORY AHERN 8 DATED: September 26, 2013 BARBARA J. PARKER, CITY ATTORNEY, CITY OF OAKLAND 9 10 11 By: _/s/ William E, Simmons WILLIAM E. SIMMONS, ESQ. Attorneys for Defendants CITY OF OAKLAND, et al. 12 13 14 DATED: September 26, 2013 FLYNN LAW OFFICE 15 16 By: 17 18 /s/ R. Michael Flynn ___ R. MICHAEL FLYNN, ESQ. Attorneys for Plaintiffs 19 20 21 22 23 24 25 26 27 28 -2- STIPULATION ON SUPPLEMENTAL PROPOSED ORDER OF EXONERATION AND TO SEAL AND DESTROY ARREST RECORDS Spalding, et al. vs. City of Oakland, et al.; USDC-Nor. Dist. of CA Case No. C11-02867 TEH 1 Pursuant to the Stipulation of the City of Oakland and former Chief of Police Howard 2 Jordan on behalf of the arresting agency, the Oakland Police Department: this Court hereby 3 exonerates and finds SAMMIE JORDAN factually innocent of all charges for which he was 4 arrested by the Oakland Police on November 5, 2010. 5 Having found SAMMIE JORDAN to be factually innocent of the charges for which the 6 arrest was made, this Court orders Defendants, the California Department of Justice, and any other 7 law enforcement agency that participated in the arrest of JORDAN on November 5, 2010, to seal 8 all records of his arrest on November 5, 2010, and to destroy said records. Cal. Penal Code 9 § 851.8(b). 10 11 12 13 14 The destruction of arrest records pursuant to this Court’s order shall be accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest, and the record shall be prepared again so that it appears that the arrest never occurred. However, where (1) the only entries on the record pertain to the arrest and (2) the record can be destroyed without necessarily affecting the destruction of other records, the document constituting the record shall be physically destroyed. 15 Cal. Penal Code § 851.8(j). 16 The arrest of SAMMIE JORDAN on November 5, 2010, is “deemed not to have occurred,” 17 and, pursuant to this Court’s order, JORDAN “may answer accordingly any question relating to its 18 occurrence.” Cal. Penal Code § 851.8(f). 19 Defendants are ordered to provide a copy of this order to the California Department of 20 Justice and to advise said agency of the fact that the records of SAMMIE JORDAN’s arrest have 21 been rendered obsolete on the basis of a finding of factual innocence pursuant to California Penal 22 Code section 851.8. FO -3- LI RT ER STIPULATION ON SUPPLEMENTAL PROPOSED ORDER OF EXONERATION AND TO C F SEAL AND DESTROY ARREST RECORDS N D I S Case No.T O Spalding, et al. vs. City of Oakland, et al.; USDC-Nor. Dist. of CA T R I C C11-02867 TEH H 28 NO 27 ____________________________________ n ende so THELTON E. HENDERSON,rJUDGE lton E. H e udge Th UNITED JSTATES DISTRICT COURT A 26 R NIA 25 Dated: 09/30/2013 UNIT ED 24 S IT IS SO ORDERED. RT U O 23 S DISTRICT TE C TA

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