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A federal judge has found that LA city officials doctored records in a case over homeless camp cleanups

Doug Smith, Los Angeles Times on

Published in News & Features

A federal judge has found that Los Angeles city officials altered evidence to support the city's defense against allegations that it illegally seized and destroyed homeless people's property.

Warning that the city will likely face sanctions following a forensic examination, U.S. District Judge Dale S. Fischer wrote in an order that the city had not only "altered, modified, and created documents relevant to Plaintiff's claims" but had also failed to produce legitimately requested documents.

"Suffice it to say that the City's credibility has been damaged significantly," she wrote.

According to court filings, records documenting what was taken during cleanups and the legal authorization for the seizure were altered or created up to two years after the cleanup occurred and in some instances just days before they were turned over to the plaintiffs.

In some records, the word "bulky items" was replaced by "health hazards" or "contaminated," after Fischer had ruled the city's law prohibiting bulky item seizures unconstitutional.

In a court filing, Shayla R. Myers, an attorney with the Legal Aid Foundation of Los Angeles who is representing the eight plaintiffs, described the changes as so significant "they rise to the level of fraud on the court."

 

"In our view this isn't just about altering or creating evidence, it's about misleading the court and the public about the existence of safeguards to ensure the city isn't illegally throwing away unhoused people's belongings," Myers said in an interview.

"They argue that they have processes in place to ensure they aren't violating unhoused people's rights. ... And those are the very documents that the court found to be altered or fabricated."

A spokesman for the Los Angeles city attorney declined to answer The Times' questions about the case, saying the office does not comment on pending litigation.

The plaintiffs, seven homeless people and the group Ktown for All, allege that the city violated their rights by destroying their belongings in camp cleanups in 2018 and 2019. Among the items taken, they allege, were tents, chairs, work supplies, a laptop computer, a chest containing clothes and hygiene goods, a dog kennel, medications and personal identification.

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