HomeMy WebLinkAbout12-10-2002 CommunicationTo: City Council
From: Steven Kanner
Date: November 13, 2002
RE: City Council File a PCRB complaint
Approximately one month ago I received an anonymous call about an October 1 I,
2002 traffic stop incident involving the police. The caller said that he/she witnessed a
police officer using pepper spray at least three separate times on an individual pulled over
in front of their residence. In addition, the caller said that he/sbe saw the police officer
(by this time now joined by other officers) use physical force to subdue and handcuffthe
individual suspect. The witness thought that excessive force was used.
I asked our City Manager, Steve Atkins if be could get a report to me on the
incident. He suggested that I review the video tape of the October 1 lincident. I did that
a couple of weeks ago. While I do no believe that police abuse occurred, I do think that
there were some questionable strategies employed by the police officer(s) and that a
review bythe Police Citizen Review Board is warranted.
I have conferred with the City Attorney and it is her initial opinion that I as an
individual do not have standing to file a complaint with the PCRB. (Under City Code it
notes that a complainant to the PCRB be directly involved with the incident or a
witness.). City Council on the other hand would be able to file a complaint to the PCRB
and I would suggest that it do so. (The witness is reluctant to come forward and file a
complaint.)
I would suggest that individual Councilmembers review the incident and that we
vote on filing a PCRB complaint at our December 9 or 10 meeting.
Feel free to call me at 338-8865 with any questions or comments.
cc: Police Citizen Review Board Chairperson
City of Iowa City
MEMORANDUM
Date: December 2, 2002
To: City Council
From: Eleanor M. Dilkes, City Attorney(~
Re: Videotape of traffic stop
Attached you will find a copy of Robert Brooks' petition for temporary and permanent
injunction against the City of Iowa City. In this action, Mr. Brooks seeks a court order
enjoining the City from releasing the videotape of his arrest on October 11, 2002 to the
public. At the City Council's formal meeting onNovember 19, a Council majority indicated
it wished to discuss the videotape that is the subject of this action, as suggested by
Council Member Kanner in his memo of November 13, 2002. Given the action filed by Mr.
Brooks, the tape cannot be viewed publicly. Therefore, after consultation with the Mayor it
it was determined that the item will not be on your December 9 agenda.
Mr. Kanner's memo indicated he was interested in a discussion of Police policy, but did
not identify a particular policy. If the Council wishes to discuss a particular policy, you
should identify the policy and schedule it for discussion and/or refer it to the PCRB.
cc: PCRB
City Manager
Assistant City Manager
City Clerk
Sarah Holecek, First Assistant City Attorney
eleanorlmem/videodiscussion.doc
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
ROBERT BROOKS, )
)
) NO.
)
) PETITION FOR TEMPORARY
PLAINTIFF, ) AND PERMANENT INJUNCTION
)
CITY OF IOWA CITY )
DEFENDANT. ) :,. _
PREAMBLE
1. Plaintiff Robert Brooks (Brooks) is an individual residing in Johnson
County, Iowa.
2. Defendant City of Iowa City is an Iowa Municipality located in Johnson
County, Iowa.
3. On or about October 11, 2002, Brooks was arrested by the Iowa City
Police.
4. Brooks has learned that the video equipment in the car operated by the
Iowa City Police was operational at the time, and that there is a videotape of the
interaction between Brooks and the police.
5. Criminal charges are pending against Mr. Brooks. In addition, Mr. Brooks
is contemplating civil action against the City of Iowa City.
6. Brooks believes that the release of the videotape of the events of October
11, 2002, may have an impact on either or both actions and make it difficult to obtain a
jury unaffected by the release of the video. Further, the videotape shows matters which
are personal to Mr. Brooks. Further, this videotape is part of an investigative officer's
report and is therefore not subject to disclosure pursuant to Iowa Code Section 22.7(5).
7. The release of the video would substantially and irreparably injure Mr.
Brooks.
DIVISION I
TEMPORARY INJUNCTION
COMES NOW Plaintiff, through his attorney, and states the following cause of
action against the Defendant:
1. Plaintiff repleads paragraphs 1 through 7 of the Preamble as if set out in
full herein.
2. The release of the video would substantially and irreparably injure the
Plaintiff. Therefore, pursuant to Iowa Code Section 22.8(1), Plaintiff requests that the
Court grant an injunction restraining the examination, including copying, of a specific
public record, that being the videotape or any records containing a description of the
Contents of the videotape.
3. This petition has not been presented to or refused by any judge or justice.
WHEREFORE, Plaintiff prays that a temporary injunction issue restraining
Defendant from allowing the examination, including copying, of a specific public record
as identified above, and for such other relief as may be equitable, and that he have'
judgment against Defendant for costs and that the court immediately fix a time and
place for hearing upon a temporary injunction and prescribed the notice therefor, and
upon such hearing enjoin disclosure of the videotape or related record until after final
hearing of this cause.
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DIVISIONll
PERMANENT INJUNCTION
COME NOW Plaintiff, through his attorney, and states the following cause of
action against the Defendant:
1. Plaintiff repleads paragraphs 1 through 7 of the Preamble and paragraphs
1 through 3 of Division I as if set out in full herein.
WHEREFORE, Plaintiff prays for a permanent injunction restraining Defendant
from allowing the examination, including copying, of a specific public record as identified
above, and for such other relief as may be equitable, and that he have judgment against
Defendant for costs.
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FOSTER LAW OFFICE
~-~T~-7~
Davis L. Foster 000001608
703 South Clinton Street
P.O. Box 720
Iowa City, IA 52244-0720
Phone: (319) 339-7727
Fax: (319) 339-7712
Attorney for Plaintiff
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
I, Robert Brooks, being first duly sworn, do upon oath depose and state that I am
the Plaintiff in the above-entitled action, that I have read the foregoing Petition for
Temporary and Permanent Injunction, and know the contents thereof and that the
statements contained therein are true as I verily believe.
Robert Brook~'
Subscribed and sworn to before me by Robed Brooks, this~'~ day of
November, 2002.
~"~" Commlssl0n N0. I~46 [ Notaw Public in and for the State of Iowa
O:17a3453.doc
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