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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

The examiner's preliminary report said he obtained some of the original documents but was unable to obtain others. Manually comparing originals with the PDFs, Myers' team found more than 100 revisions in some documents. Among them, bulky was changed to "ADA violation," a reference to the Americans With Disabilities Act, and "Property left behind by encampment" was changed to "Contaminated Items Surrendered or Left Behind by Resident."

In February, Fischer issued a finding that the city had altered records and sharply rebuked the city's arguments that the revisions were insignificant.

"The City's contention that material changes to documents such as the reason for seizing and destroying personal property — sometimes to match the City's litigation position — are 'administrative' is also untenable," she wrote.

"The City's conduct cannot be excused as 'imperfect document management;' ... its 'explanation' for its admitted spoliation is unconvincing to say the least."

In a follow-up order on April 1, she found that "the full extent of the city's spoliation has not yet been determined" and set an April 8 deadline for the city to turn over all relevant documents to the forensic examiner.

"Any delays by the City will not be tolerated," she wrote.

 

Fischer said she would deem any relevant records that the city fails to produce as "spoliated."

The city turned over a Google drive, which is being evaluated, but no additional documents, Myers said.

Myers said she has not determined what sanctions to propose and will do so after the forensic examination is complete, in a month or two.

A trial, stayed for the forensic examination, has still not been set.

"This case would have been resolved years ago but for the need for the court to investigate the city's conduct, delaying a public reckoning about the legality of these sweeps," Myers said.


©2024 Los Angeles Times. Visit at latimes.com. Distributed by Tribune Content Agency, LLC.

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