The county must turn over the reports within one week, so lawyers for the Union-Tribune and other news outlets can develop privacy protocols.
San Diego attorney Timothy Blood, one of the lawyers who filed the request on behalf of the news organizations, praised the decision outside court.
While running for sheriff last year, Kelly Martinez pledged to release CIRB reports to the public if she was elected. But after winning in November, MartinezSeparate reports from the California State Auditor and the county’s Citizens’ Law Enforcement Review Boardthat the CIRB reports be released publicly. At the same time, a bill working through the state Legislature also would require the reports be disclosed.
The lawyers who represented Greer had tried unsuccessfully to obtain CIRB reports in two earlier jail-death lawsuits. But in 2021, a federal appeals court ruled in an unrelated case that businesses and public entities cannot withhold such records under the attorney-client privilege. Greer’s lawyers argued that the Critical Incident Review Board serves multiple purposes: reviewing staff behavior for possible discipline or termination and also evaluating potential legal threats to the sheriff’s department.
Myers also said in his declaration that CIRB documents were not routinely secured. At one point when moving into a new office, he said, he found old review board records loose and discarded.
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