CITIZENS' COMPLAINT INFORMATION CHP 2408 (Rev. 6-09) DPI 006
DAY, DATE, AND TIME OF OCCURRENCE
Afternoon 05/02/2012 3:55PM
IMPORTANT! READ AND SIGN THE FOLLOWING INFORMATION
If you have not already filed a complaint, the reverse side of this form may be used to initiate the process. In addition, you may telephone or contact a local office of the CHP or contact the Office of Investigations, at 601 North 7th Street, P.O. Box 942898, Sacramento, CA 94298, (916) 843-3060.
The California Highway Patrol (CHP) has a well-defined procedure for investigating citizens' complaints. Once a complaint is received, it is the responsibility of the involved employee's Commander to ensure a thorough investigation is conducted. Although complaints cannot always be resolved to a citizen's satisfaction, all investigations are conducted objectively, with a goal of maintaining public confidence and departmental integrity. After completion of the investigation, complaints are directed through the chain of command for an impartial review. After final approval, the citizen is provided with a closing written response.
The citizens' complaint process is designed to investigate the allegations of citizens and to make a determination of fact as to any wrongdoing. In cases where a false complaint is maliciously filed against a peace officer, that officer is entitled to file a civil action. Therefore, it is important all allegations presented in a complaint to the Department be based on factual information.
Penal Code Section 148.6 requires that all law enforcement agencies accepting an allegation of misconduct against a peace officer shall require the complainant to read and sign the following information advisory:
YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CITIZENS' COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO
WARRANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED
IMPROPERLY. CITIZEN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED 1W THIS AGENCY FOR AT LEAST FIVE YEARS.
I HAVE READ AND UNDERSTAND THE ABOVE STATEMENT.
STATE OF CALIFORNIA If you need assistance completing this form,
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL contact any CHP Office, or the Office of
CITIZENS' COMPLAINT INFORMATION Investigations, at 601 North 7th Street,
CHP 240B (Rev. 6-09) OPI 006 (Reverse) P 0 Box 942898 Sacramento, CA 94298 or (916) 843-3060
This section may be used by you and/or the Department to summarize or further clariA your complaint.
I was stopped on May 2, 2012 by a CHP officer, accused of speeding at approximately 3:55PM.
1 asked to be taken to court to appear before a Judge. The officer cuffed me with my hands to my back, injuring my neck and shoulder. The nearest court house was less than 15 minutes from the arrest. The officer who stated this was the first time in his 20 years as a CHP officer to take someone to court after refusing to sign a ticket.
My claims are:
I was unjustly cited my officer while he was participating in selective law enforcement, profiling, while picking me out of a crowd of traffic. My only crime was driving while black with what appeared to be a white woman in our car.
The officer intentionally delayed taking me to court, taking an hour and a half to get me to a court house that was 1 Sminutes from the arrest site.
The tight handcuffs, along with the excessive punishment from the delayed travel to the court house/jail caused bodily harm.
I was arrested, charged with 22349 (a) ?? speed, 148(a) PC see citation(s) attached, booked and held at the jail until 2:30 AM this date. According to a telephone conversation I had with the Riverside Public Defender's office I was told that he can't see where there is any violation of 148PC.
I am a victim of false imprisonment and racial profiling, my being African American. I was not only "DRIVING WHILE BLACK" but in addition had my wife who appeared to be white as a passenger.
(1) TORT CLAIM
(2) CITATION
(3) BOOKING Receipt
Walter L. Ellis uedcinc@aol.com
Ct Location of the incident: Meneefee, Murrieta, Temecula, CA
Describe the specific damage or injury:
I was unjustly cited my officer while he was participating in selective law enforcement, profiling, while picking me out of a crowd of traffic. My only crime was driving while black with what appeared to be a white woman in our car.
The officer intentionally delayed taking me to court, taking an hour and a half to get me to a court house.
Explain the circumstances that led to the damage or injury:
The officer refused to loosen the hand cuffs, with my hans behind my back. I had advised him numerous times I had recently recovering from from a torn rotor cuff in by right shoulder, and I was now experiencing new pain in the area of my shoulder and neck. The officers 1/12hour tour of 3 cities caused an injury to my shoulder.
Explain why you believe the state is responsible for the damage or injury:
This officer is an employee of the state, supposingly a public servant with no regards to human beings, especially BLACKS as myself.
BOOKED, PUT IN A HOLDING CELL. WAS TOLD THAT I WOULD BE HELD FOR 4HRS, BUT INSTEAD WAS HELD FOR 9 HOURS (DUE TO BEING BLACK?).______________5/02/2012 17:35 INTAKE RECEIPT Dep. K. Bernardino
Booking Number: 201218751
Name: ELLIS, WALTER LOUIS Booking Date: 5/02/2012 Booking Time: 1729
I certify the above is a correct record of my personal property and authorize the Sheriff to receive and inspect my mail while confined and agree not to hold the Sheriff responsible for money or articles taken or mailed to the jail for me.
INMATE SIGNATURE BOOKING OFFICER SIGNATURE
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