duffy carolan (sbn 154988) 1 jassy vick carolan llpfiles.courthousenews.com/2016/02/11/eberhard...

PLAINTIFF’S MOTION IN LIMINE TO EXCLUDE DEFENSE EXPERT OPINION TESTIMONY Case No. 3:14-cv-01910-JD

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Duffy Carolan (SBN 154988) JASSY VICK CAROLAN LLP 400 Montgomery Street, Suite 200 San Francisco, California 94104 Tel: (415) 539-3399 Fax: (415) 539-3394 [email protected]

Jean-Paul Jassy (SBN 205513) Kevin L. Vick (SBN 220738) 6605 Hollywood Blvd., Suite 100 Los Angeles, California 90028 Tel: (310) 870-7048 Fax: (310) 870-7010 [email protected] [email protected]

THE BRANDI LAW FIRM Casey A. Kaufman (SBN 232257) 354 Pine Street Third Floor

San Francisco, CA 94104

Tel: (415) 989-1800 Fax: (415) 989-1801 [email protected]

Attorneys for Plaintiff STEPHEN ERNEST EBERHARD

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

STEPHEN ERNEST EBERHARD

Plaintiff,

v.

CALIFORNIA HIGHWAY PATROL, CALIFORNIA DEPARTMENT OF TRANSPORTATION, CALIFORNIA HIGHWAY PATROL OFFICER CHRISOPHER W. DABBS, CALIFORNIA HIGHWAY PATROL OFFICER KORY A. REYNOLDS, CALIFORNIA HIGHWAY PATROL OFFICER TEDDY M. BABCOCK, CALIFORNIA HIGHWAY PATROL CAPTAIN JAMES T. EPPERSON, CALIFORNIA HIGHWAY PATROL CHIEF BRIDGET T. LOTT, CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 1 DIRECTOR CHARLIE FIELDER, DOES 1-25

Defendants.

) )))))))))))))))))))))

Case No. 14-cv-01910-JD PLAINTIFF STEPHEN ERNEST EBERHARD’S MOTION TO EXCLUDE OPINION TESTIMONY OF DEFENSE EXPERT GREG MEYER Trial Date: February 22, 2016 Time: 10 a.m. Courtroom: 11 (9th Floor) Honorable James Donato, presiding Complaint Filed: March 27, 2014

)

Case 3:14-cv-01910-JD Document 238 Filed 01/20/16 of 95

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I. INTRODUCTION

Defendant California Highway Patrol (CHP) has designated Greg Meyer as their expert

witness to discuss officer conduct in this matter. The majority of his opinions became irrelevant

after this Court’s recent Order re Summary Judgment and should be excluded.

The remainder of Meyer’s opinions in his Rule 26 Report (Attached as Exhibit 1 to the

Kaufman Declaration) cover items that are outside his expertise, are not helpful to the trier of fact,

and are based upon improper credibility assessments. Meyer’s remaining opinions should be

excluded. Last, Meyer should be prevented from offering new opinions at trial that were not

identified in his report.

II. ARGUMENT

A. Opinions That Have Become Irrelevant in Light of the Court’s Recent Order re Summary Judgment.

This Court on November 9, 2015, issued an Order re Summary Judgment that struck several

of Plaintiff’s counts from his Third Amended Complaint. Nevertheless, CHP insisted at Meyer’s

November 11 deposition that he would be providing opinions at trial that relate to these claims that

have been adjudged in favor of CHP. Federal Rule of Evidence (FRE) 401 requires proposed

evidence to be of consequence in determining the action. The following opinions identified in Greg

Meyer’s Federal Rule of Civil Procedure (FRCP) 26(a)(2)(B) report should be excluded at trial as

irrelevant pursuant to FRE 402 in light of the summary judgment ruling:

Opinion No. 1: It was reasonable for Officers Dabbs and Reynolds to arrest and handcuff Plaintiff Eberhard for Section 602(k) – Trespass under the California Penal Code, and any reasonable officer could have done the same.

Opinion No. 3: It was appropriate for Officers Dabbs and Reynolds to take and secure Plaintiff Eberhard’s cameras and other property pursuant to the arrest, safeguard the property, and return the property to Plaintiff Eberhard upon his release.

Opinion No. 4: I do not see evidence that Plaintiff Eberhard experienced an unreasonable post-arrest processing delay.

Opinion No. 6: It was reasonable for Officers Dabbs and Reynolds to use the custody-arrest process instead of the city-and-release process for the arrest of Plaintiff Eberhard because it was reasonably likely that the Plaintiff would continue the offense, and any reasonable officer could have done the same.

B. Meyer’s Other Opinions Also Should be Excluded.

Under Federal Rule of Evidence 702, courts fulfill a special gatekeeping role with regard to


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expert witness testimony. “The trial court’s special obligation to determine the relevance and

reliability of an expert’s testimony is vital to ensure accurate and unbiased decision-making by the

trier of fact [and] is particularly important considering the aura of authority experts often exude,

which can lead jurors to give more weight to their testimony.” Jimenez v. Sambrano, 2009 WL

2382622, at *2 (S.D. Cal. July 31, 2009) (internal quotation marks omitted). A crucial part of the

trial court’s gatekeeping function is its determination whether an expert’s testimony “is helpful to

the jury, which is the central concern of Rule 702.” Id. “To be admissible as helpful to the jury, the

expert testimony must address an issue beyond the common knowledge of the average layman.” Id.

(internal quotation marks and citation omitted).

Accordingly, “[e]xpert testimony is admissible under Fed.R.Evid. 702” only “if it addresses

an issue ‘beyond the common knowledge of the average layperson.’” United States v. Hanna, 293

F.3d 1080, 1086 (9th Cir. 2002) (holding District Court abused its discretion by permitting

government to offer expert testimony from Secret Service agent regarding whether defendant’s

communications rose to the level of “true threats”) (quoting United States v. Morales, 108 F.3d

1031, 1039 (9th Cir.1997) (en banc)). By contrast, expert testimony must be excluded if it would

address matters that “the average layperson is qualified to determine,” such as “what a ‘reasonable

person’” would do or foresee “under the circumstances” at issue in a case. Id. Likewise,

“[w]eighing the credibility of witnesses and resolving factual matters is not outside the common

ability or knowledge of a layperson; it is the precise role that the law assigns solely to a layperson as

a juror.” Quinn v. Fresno County Sheriff, 2012 WL 2995477, *3 (E.D. Cal. July 23, 2012).

Furthermore, “an expert witness cannot give an opinion as to the legal conclusion, i.e., an

opinion on an ultimate issue of law.” Jimenez, 2009 WL 2382622 at *2 (holding expert’s testimony

regarding whether defendants’ use of force was unreasonable or excessive was inadmissible because

it was an ultimate issue of law in the case) (internal quotations omitted, emphasis in original); see

also Act Up!/Portland v. Bagley, 988 F.2d 868, 873 (9th Cir. 1993) (whether a reasonable officer

could have believed probable cause (or reasonable suspicion) existed to justify search or an arrest is

‘an essentially legal issue.” (citations omitted)); Torres v. City of Los Angeles, 548 F.3d 1197, 1214

(9th Cir. 2008) (same) (collecting cases). “When an expert undertakes to tell the jury what result to


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reach, this does not aid the jury in making a decision but rather attempts to substitute the expert's

judgment for the jury’s.” United States v. Duncan, 42 F.3d 97, 101 (2nd Cir.1994) (original

emphasis). 1

1. Opinion No. 5 – “I do not see evidence of false reporting by Officer

Dabbs…”

This opinion is based on little more than a one-sided version of the facts which is not helpful

to the jury. Evidence that merely tells the jury what result to reach is not sufficiently helpful to be

admissible. Nationwide Transport Finance v. Cass Information Systems, Inc. 523 F.3d 1051, 1060

(9th Cir. 2008). An opinion is an inference or conclusion drawn from the witness’s personal

perceptions or acquired knowledge. Stagman v. Ryan, 176 F.3d 986, 996 (7th Cir. 1999).

2. Opinion No. 8 – “I do not see evidence that Plaintiff Eberhard was targeted or

‘singled out’ for special, unusual or disparate treatment by CHP Officers

Dabbs and Reynolds.”

This opinion should be excluded because Meyer lacks the requisite specialized knowledge, it

is not helpful to the trier of fact, and it is not based upon sufficient facts. Meyer is an expert in

police officer use of force and other related topics, but he has no scientific, technical, or specialized

knowledge that allows him to determine Officers Dabbs’ and Reynold’s state of mind regarding

Eberhard. Meyer’s specialty is “lethal and non-lethal force...[a]nd most of my writings and most of

my lecturing is on that subject.” (Ex. 2 at 30:20-31:4.) Meyer has never published on issues related

to whether protesters or members of the press trespassed, aside from a single presentation regarding

the Occupy Movement (Id. 32:23-34:24). He has never arrested any member of the press for

trespass and never cited any member of the press for trespass (Id. 38:16-24). His professional focus

and personal experience lack any specialized knowledge related to this opinion and it should be

excluded.

1 “In addition to the requirements of Rule 702, expert testimony is subject to Rule 403, and may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury.” Nimely v. City of New York, 414 F.3d 381, 397 (2d Cir. 2005). The United States Supreme Court “has noted the uniquely important role that Rule 403 has to play in a district court's scrutiny of expert testimony, given the unique weight such evidence may have in a jury's deliberations.” Id. “Expert evidence can be both powerful and quite misleading because of the difficulty in evaluating it,” and “[b]ecause of this risk, the judge in weighing possible prejudice against probative force under Rule 403 of the present rules exercises more control over experts than over lay witnesses.” Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 595 (1993) (internal quotation marks omitted).


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This opinion is also not helpful because the basis outlined in Meyer’s Report is solely a

regurgitation of defendants’ deposition testimony without providing any analysis or application of

specialized knowledge. The only original content in support of this opinion is that Eberhard broke

the law (improper expert opinion) and that it is “disingenuous” for Plaintiff to claim he was singled

out. (Ex. 1 at 11.) During deposition, Meyer acknowledged that he was making a credibility

determination and that he is “sure you won’t let me testify to that line.” (Ex. 2 at 116:18-117:5.)

Meyer knew that this was an improper basis for his opinion when it was written and failed to

provide appropriate support for this opinion during deposition (Id. 112:2-117:5). This opinion

should be excluded because it is an evaluation of credibility that is inadmissible under FRE 702.

Nimely, 414 F.3d at 398.

3. Opinion No. 9 – “Officer Babcock appears to have performed his duties in a

reasonable manner, and any reasonable officer could have done the same

thing.”

This opinion is based on little more than a recitation of one-side’s version of the facts which

is not helpful to the jury. Evidence that merely tells the jury what result to reach is not sufficiently

helpful to be admissible. Nationwide, 523 F.3d at 1060. An opinion is an inference or conclusion

drawn from the witness’s personal perceptions or acquired knowledge. Stagman, 176 F.3d at 996.

How Officer Babcock’s performance “appeared” is not an opinion but rather an equivocal

statement of fact, is governed by FRE 602, and requires personal knowledge because it is not an

opinion. M.B.A.F.B. Fed. Credit Union v. Cumis Ins. Soc., Inc. 681 F.2d 930, 932 (4th Cir. 1982).

At deposition, Meyer confirmed that he was not opining as to what Officer Babcock should have

done, but rather that the conduct was among the various choice of conduct to perform and the actual

opinion was that Babcock “exercised his discretion reasonably.” (Ex. 2 at 117:22-118:10.)

As explained by Meyer, this analyzes Babcock’s exercise of discretion, and does not focus

on the acts themselves. There is no way for Meyer to opine on how Babcock actually exercised his

discretion and certainly that type of opinion is not within his specialized knowledge.

Similarly, a statement that any officer “could” have done the same thing is speculative

improper opinion testimony. Bradley v. Brown 42 F.3d 434, 438 (7th Cir. 1994). Meyer testified at

deposition, that he intentionally used the word “could” and was not opining that a reasonable officer


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should have done the same thing. It was a “discretionary move to get him out” and “the tactic that

he chose to use to do it.” (Ex. 2 at 130:13-21.) There is no real opinion here with regard to what a

reasonable officer should have done, but rather an observational and speculative statement.2

Last, again Mr. Meyer provides improper testimony as a basis for this opinion. Meyer

asserts that Plaintiff “resented being told what to do by police authorities who were just doing their

jobs on behalf of CALTRANS, and the Plaintiff targeted Officer Babcock…apparently based in

large part on what Plaintiff Eberhard considered to be nothing more than a bad attitude.” (Ex. 1 at

12.) Meyer acknowledged at deposition that this, too, could be within the purview of the jury. (Ex.

B at 123:12-21.)

4. Opinion 10 – “Officer Babcock’s use of force to move Plaintiff Eberhard

away from the pile-driving operations on May 21, 2013 was de minimis and

by no means excessive, and any reasonable officer could have done the same

thing.”

This opinion shares the issues outlined for Opinion No. 9 and should be excluded on the

same grounds. It is also irrelevant because there is no excessive force claim against Babcock.

C. Any Opinion Relating to Threatening or Intimidating CHP Conduct Should be Excluded as Untimely.

At deposition, CHP counsel informed Plaintiff for the first time that Greg Meyer would be

provide opinions at trial about whether officer conduct would be threatening or intimidating. There

are no opinions in Meyer’s report regarding this concept, and Meyer testified that the first time he

heard he would be providing such opinion testimony at trial was during the deposition. (Ex. B at

84:4-23.)

An expert’s report must contain a complete statement of all opinions to be expressed at trial

and the bases for each opinion. Jenkins v. Bartlett 487 F.3d 482, 487. Any opinions regarding

whether CHP conduct was intimidating or threatening should be excluded as untimely.

Dated: Jan. 8, 2016. /s/

Casey A. Kaufman

Attorneys for Plaintiff

STEPHEN ERNEST EBERHARD

2 What a reasonable officer would have done is a legal issue. Act Up!, 988 F.2d at 873.


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DECLARATION OF CASEY A. KAUFMAN

I, Casey A. Kaufman, declare:

1. I am an associate of the law firm The Brandi Law Firm, co-counsel of record for

Plaintiff Stephen Ernest Eberhard. I am licensed to practice law before all courts of this State. I

make this declaration in support of Plaintiff Stephen Ernest Eberhard’s Motion in Limine to Exclude

Opinion Testimony of Defense Expert Greg Meyer. I have personal knowledge of the maters stated

herein, and would and could competently testify to them if called as a witness.

2. Attached hereto as Exhibit 1 is a true and correct copy of the Expert Witness Report

by Greg Meyer, dated September 29, 2015. This report was included in the CHP Defendants’ Rule

26(a)(2) of the Federal Rules of Civil Procedure disclosures in this case.

3. Attached hereto as Exhibit 2 are true and correct copies of relevant excerpts from the

November 11, 2015 deposition testimony of Greg Meyer.

I declare under penalty of perjury under the laws of the United States that the foregoing is

true and correct. Executed this 8th day of January, 2016, at San Francisco, California.

/s/

Casey A. Kaufman


EXHIBIT 1


1 KAMALA D. HARRIS Attorney General of California

2 JOHN P. DEVINE Supervising Deputy Attorney General

3 HARRY T. GOWER III (SBN 170784) MICAH C. E. OSGOOD (SBN 255239)

4 Deputy Attorneys General 455 Golden Gate Avenue, Suite 11000

5 San Francisco, CA 94102-7004 Telephone: (415) 703-5593

6 Fax: (415) 703-5480 E-mail: [email protected]

7 Attorneys for Defendants California Highway Patrol, Officer C. Dabbs, Officer K Reynolds, Officer T

8 Babcock, and Captain J Epperson

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

STEPHEN ERNEST EBERHARD, CV 14-01910 JD

Plaintiff, DISCLOSURE OF EXPERT WITNESSES BY DEFENDANTS CALIFORNIA

v. HIGHWAY PATROL, DABBS, REYNOLDS, BABCOCK AND EPPERSON

CALIFORNIA HIGHWAY PATROL, ET (Fed. R. Civ. Proc., rule 26(a)(2)) AL.,

Defendants.

Defendants California Highway Patrol, Officer C. Dabbs, Officer K Reynolds, Officer T.

Babcock, and Captain J. Epperson disclose the following persons that they may use to present

evidence at trial under Federal Rules of Evidence 702, 703, or 705. These disclosures are made

pursuant to Rule 26(a)(2) of the Federal Rules of Civil Procedure. Defendants reserve their right

to withdraw an expert or experts, to designate additional or rebuttal expert or experts, to

supplement, amend, or correct an expert report or reports, and to provide opposing and/or rebuttal

reports, as permitted by Rule 26 and the case management order issued in this case.

1

Disclosure of Expert Witnesses by CHP, et al. (CV 14-01910 JD)


1 1. Greg Meyer will provide expert testimony with respect to law enforcement

2 practices, tactics and procedures; the use of force by law enforcement officers; the existence of

3 probable cause; issues relating to press access; and the reasonableness of the police practices,

4 tactics, procedures and force used by Officers Dabbs, Reynolds and Babcock, as they relate to the

5 incidents at issue. This expert's written report, which conforms to all of the requirements of Rule

6 26(a)(2)(B) of the Federal Rules of Civil Procedure, is attached to this disclosure as Exhibit A.

7

8 Dated: September _3Q, 2015

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SF2014407903 41384132.doc

2

Respectfully Submitted,

KAMALA D. HARRIS Attorney General of California JOHN P. DEVINE Supervising Deputy Att

HARR T. OWERill MICAH C. E. OSGOOD Deputy Attorneys General Attorneys for Defendants California Highway Patrol, Officer C. Dabbs, Officer · K Reynolds, Officer T. Babcock, and Captain J Epperson

Disclosure of Expert Witnesses by CHP, et al. (CV 14-01910 JD)


EXHIBIT A


EBERHARD V. CALIFORNIA HIGHWAY PATROL, et al.

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

CASE NO. CV 14-01910 JD

EXPERT WITNESS REPORT

BY

DEFENSE EXPERT GREG 1\'.lEYER

September 29, 2015


Eberhard v. California Highway Patrol Defense Expert Greg Meyer's Report

BASIS FOR OPINIONS My opinions are based upon my knowledge, skill, education, training, and experience gained during more than three decades as a professional police officer and more than 25 years as an expert consultant and expert witness on police procedures matters. My opinions were formed after due consideration of the facts and circumstances of this case, and are offered with a reasonable degree of professional certainty. The opinions expressed in this report are based upon: ·

1. My review of documents reviewed thus far in this case; 2. My personal experience as a Police Captain at the Los Angeles Police

Academy, in charge of police training; 3. My personal knowledge, skill, education, training and experience as a

researcher, policy drafter, user, trainer, reviewer, and consultant on law enforcement procedural issues;

4. More than 39 years of law enforcement experience as a sworn police officer, detective, sergeant, lieutenant, captain, reserve officer, and specialist volunteer;

5. The training and experience I received in the course of my duties as an officer in both the Los Angeles and Long Beach Police Departments;

6. Additional knowledge and/or training I have obtained, particularly from my involvements as a participant, consultant and/or lecturer for the Police Executive Research Forum (PERF), the International Association of Chiefs of Police (IACP), Americans for Effective Law Enforcement (AELE), the Force Science Research Center (FSRC), and the American Society of Law Enforcement Trainers (ASLET);

7. Specific experience.with respect to the investigation, administrative review and adjudication at the supervisory and commandlevels for complaints about police arrest and use of force incidents;

8. Frequent attendance as a lecturer or participant in police conferences throughout the United States;

9. Prior and ongoing work as an expert witness for law enforcement policy, training, equipment, tactics, supervision and review processes, in federal, state, and local courts (civil and criminal) as well as administrative hearings;

10. Two college degrees in journalism (A.A. 1974; B.A. 1979)

DOCUMENTS REVIEWED

A. Video of protestors and dispersal order (Exh. AC) B. Von Zabem videos (Exh. J) C. Third amended complaint . D. Arrest report E. CHP historical emails F. Transcribed deposition of Officer Dabbs . G. Transcribed deposition of Officer Reynolds H. Transcribed deposition of Officer Babcock I. Transcribed deposition of Plaintiff Eberhard, v.l J. Graham v. Connor 490 US. 386 (1989)

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K. Section 602 of the California Penal Code L. Jail custody records M. Officer Dabbs declaration in support of MSJ N. Officer Reynolds declaration in support of MSJ 0. Captain Epperson declaration in support ofMSJ P. Timeline of Epperson for WBP (Willits Bypass Project) Q. Officer Babcock declaration in support ofMSJ R. CALTRANS letter re trespassers (3-19-13) S. Plaintiff Eberhard photos of no-trespassing signs T. Eberhard email (5-20-13) U. CALTRANS email re escort requirement (5-20-13) V. California Highway Patrol motion for summary judgment W. California POST Leaming Doman# 15 Laws of Arrest X. California POST Leaming Domain #20 - Use of Force Y. California POST Leaming Domain #24 - Handling Disputes/Crowd Control

LIMITATIONS If I am asked to review a number of documents or items of evidence in this case that have not yet been presented, I may offer more opinions or modify reported opinions as appropriate.

INCIDENT SUMMARY On July 23, 2013 at approximately 0645 hours, at a CAL TRANS construction project near Willits, CA, California Highway Patrol (CHP) Officers Dabbs and Reynolds confronted Plaintiff Eberhard (a news photographer) who had entered a construction zone despite numerous sign postings prohibiting entry. Officer Reynolds arrested Plaintiff Eberhard for Section 602(k) of the California Penal Code (PC}--Trespass. The Plaintiff was transported to Mendocino County Jail, booked on the charge, then released a few hours later.

Previously at or near the CAL TRANS construction site, Plaintiff Eberhard had several contentious non-arrest interactions with CHP Officer Babcock, including one occasion where CHP Officer Babcock pushed/shoved the Plaintiff.

PLAINTIFFS' ALLEGATIONS The Plaintiff alleged in his Third Amended Complaint the following that are within my expertise to evaluate and issue opinions about:

• False arrest, violation of the 1st and 4th Amendments re search and seizure of newsgathering materials, delayed processing, false reporting, failure to use cite-and-release procedure (by Officers Dabbs and Reynolds) (Para. 79, 95, 116, and 142)

• Harassment, assault, battery (by Officer Babcock) (Para. 87)

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OPINIONS AND BASIS FOR OPINIONS

Opinion No. 1: It was reasonable for Officers Dabbs and Reynolds to arrest and handcuff Plaintiff Eberhard for Section 602(k~Trespass of the California Penal Code, and any reasonable officer could have done the same thing.

CAL TRANS made it clear to the CHP that trespassers were to be arrested and that media personnel who desired to enter the work zone must be accompanied by a CAL TRANS escort; and that no exceptions were to be made for media personne1_.1

On March 19, 2013, CAL TRANS sent to CHP then-Lieutenant Epperson a letter that specifically asked the CHP to" ... please remove trespassers from the Willits Bypass construction project right of way. We are concerned for the safety of Caltrans employees and those of our authorized agents, as well as the safety of the trespassers in our work zone."2

Plaintiff Eberhard alleged that he was falsely arrested by Officers Babbs and Reynolds on July 23, 2013. 3 He testified that he felt he had the right to enter state property; and he admitted that he saw the no-trespassing signs at the CAL TRANS project; and that he thinks the signs mean "to keep out"; and he thinks he can trespass while doing his job as a journalist. 4

Expert Note: The arrest was made by Officer Reynolds in Officer Dabbs' presence, after both officers reportedly told Plaintiff Eberhard to leave the property. Officer Dabbs is listed as the arresting officer on the first page of the arrest report because it is CHP practice that an officer who is assigned to the local CHP office (Ukiah, in this case} is to be the technical arresting officer. The arrest report narrative makes clear that Officer Reynolds conducted the arrest.

Section 602(k) of the California Penal Code (PC} states in relevant part: [E]very person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor: ... (k) Entering any lands, whether unenclosed or enclosed by fence, for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any lawful business or

1 Declaration ofCHP Captain Epperson, p. 4-5 2 Letter from CAL TRANS Construction Manager Susan Tappan to CHP Lieutenant Epperson 3 Third Amended Complaint, Para. 95 and 116 · 4 Transcribed deposition of Plaintiff Eberhard, p. 40-42

4 /



occupation carried on by the owner of the land, the owner's agent, or by the person in lawful possession ..

CHP Captain Epperson's declaration states that after researching Section 602 PC, he directed that officers arrest trespassers at the CAL TRANS work site for Section 602(k) PC because he determined that 602(k) was the most applicable PC section for the situation.s

It also would have been reasonable for the officers to arrest Plaintiff Eberhard for Section 602(1)(1) of the California Penal Code (PC) states:

(1) Entering any lands under cultivation or enclosed by fence, belonging to, or occupied by, another,·. or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, or the owner's agent, or of person in lawful possession, and any of the following:

(1) Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owner's agent, or by the person in lawful possession to leave the lands.

It also would have been reasonable for the officers to arrest Plaintiff Eberhard for Section 602(0) of the California penal code. Section 602(0) PC states:

Refusing or failing to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public., upon being requested to leave by (1) a peace officer at the request of the owner, the owner's agent, or the person in lawful possession, and upon being informed by the peace officer that he or she is acting at the request of the owner, the owner's agent, or the person in lawful possession, or (2) owner, the owner's agent, or the person in lawful possession.

Officer Dabbs wrote in the arrest report narrative that on multiple, prior occasions Plaintiff Eberhard had been instructed to leave the property, had been read the 602PC admonishment, and had been told by CAL TRANS staff that he must have a CAL TRANS escort when entering the property; and that Dabbs instructed Plaintiff Eberhard to leave

5 Declaration of Captain Epperson, p. 4

5



three times, but Eberhard refused. Officer Reynolds arrived and instructed Plaintiff Eberhard to leave, but he refused. At that time, Officer Reynolds placed Eberhard under arrest for 602(k) PC. a

Officer Reynolds testified that he had been present on previous occasions when Sergeant Elrod and Sergeant Lott had read the trespass warning to Plaintiff Eberhard.7

Police officers are trained that "probable cause" is a strong, reasonable belief that a person has committed a crime; and that "peace officers' expertise is part of the equation for determining probable cause" [California POST Learning Domain #15- Laws of Arrest, p. 4-4 and 4-5]. [See EXHIBIT NO. 1]

The officers followed their training. The arrest of Plaintiff Eberhard appears to have been based upon probable cause that is clearly documented in the report written by Officer Dabbs and in tfie deposition testimony of Officer Dabbs and Officer Reynolds.

Opinion No. 2 "Dispersal orders" are for crowds of people. There is no requirement to read a dispersal order to an individual.

Dispersal orders are for crowd control, and are issued after the police declare a crowd to be engaged in an unlawful assembly, thus the crowd must disperse or be subject to arrest under section 409 PC, which states:

409. Every person remaining present at the place of any riot, rout 1 or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.

Officers are trained in the laws and procedures of crowd control, unlawful assemblies, and arrest sections. [California POST Learning Domain #24 - Handling Disputes/Crowd Control, p. 5-10 and 5-23]. [See EXHIBIT NO. 2] These procedures do not pertain to handling individual trespassers.

One person cannot constitute a "crowd."

A specific example of a situation that properly involved a dispersal order is found in the Plaintiffs Third Amended Complaint at Paragraph 56, which describes an event at the GAL TRANS work site where 10-15 protesters (which constitutes a crowd) dispersed after having been read the dispersal order by the CHP.

Thaf Officer Dabbs offered to read a dispersal order to Plaintiff Eberhard in response to Eberhard's request (but then could not locate the order on his cell phone) was a

6 CHP arrest report narrative ( CHP0004) 7 Transcribed deposition of Officer Reynolds, p. 136

6



discretionary call by Dabbs, but had no bearing on the law that required a trespasser to · leave property when so ordered, and had no bearing on the law pertaining to arrests after a dispersal order is given to a crowd.

The Plaintiff is mistaken in asserting that he had a right to be read a dispersal order; and that the officers had an obligation to do so.

A dispersal order has no applicability to the situation.

Opinion No. 3 It was appropriate for Officers Dabbs and Reynolds to take and secure Plaintiff Eberhard's cameras and other property pursuant to the arrest, safeguard the property, and return the property to Plaintiff Eberhard upon his release.

It is normal police training and procedure to remove items that could be damaged or could . be used as weapons from the hands or person of a detainee or arrestee before handcuffing

them; and to return the property to the person when they are released.

Plaintiff alleged that the 4th Amendment was violated when Officers Dabbs and Reynolds seized his cameras during the arrest. a But, ultimately, officers are trained and are required by the jail system to remove all personal property of an arrestee during processing. Thus, removing the property of Plaintiff Eberhard was not at all an unusual procedure.

Officer Dabbs testified that the officers took the cameras to the CHP office for safekeeping instead of the jail, out of concern that the cameras might be damaged via processing at the jail. 9 This is obviously a good faith discretionary decision on the part of Officer Dabbs.

Plaintiff Eberhard testified that there was no damage to the cameras.10

Opinion No. 4 I do not see evidence that Plaintiff Eberhard experienced an unreasonable post-arrest processing delay.

Plaintiff Eberhard alleged that he was held in custody for too long ("nearly six hours") because of an intentional processing delay by Officers Dabbs and Reynolds.11

8 Third Amended Complaint, Para. 79 and 95 9 Transcribed deposition of Officer Dabbs, p. 130 · 10 Transcribed deposition of Plaintiff Eberhard, p. 208 11 Third Amended Complaint, Para. 79 and 142

7



Documentation shows that he was arrested at 0645 hours, and released by 1200 hours (or earlier), for a maximum custody time of 5 hours, 15 minutes. Considering the post-arrest time for the supervisor (Sergeant Lott) to arrive at the scene, and the drive time from the scene to the jail, waiting for the booking process to occur at the jail, then out-processing

··including return of his property, followed by his release from jail, that is certainly not an extraordinary time.

The arrest report and the CAD log document that the arrest occurred at the CAL TRANS site on July 23, 2013 at 0645 hours; he was booked at the Mendocino County Jail at 0830 hours12 after arriving at the booking facility at 0735 hours.13 While at the scene, Officers Dabbs and Reynolds notified Sergeant Lott of the arrest, which is standard procedure. Sergeant Lott had to drive to the CAL TRANS work site. It takes time to complete the prebooking paperwork, whether it is done in the field or at the jail facility. It is reportedly an approximate 25-minute drive from the CAL TRANS work site to the booking facility. It is not unusual to wait in the sally port at the booking facility until a booking officer becomes available to do the booking process. Plaintiff Eberhard was examined by a nurse at the booking facility at 0820 hours, as per standard procedure. Plaintiff Eberhard was issued a receipt at the booking facility for his money at 0836 hours, indicating that the booking was occurring during that time.14 A DMV-ANI inquiry return via CLETS (basically, a computer check that is a normal part of the booking process) was documented at 0855 hours.1s As part of the release process, Plaintiff Eberhard signed for his property return at the jail at 1142 hours.1s His pre-trial release form documents a release time of 1200.17 . There is no training or standard that I am aware of that an arrestee must be processed in a specific period of time. Each case is different. It takes varying times to transport and process arrestees based on each individual circumstance .. I find nothing in the record that indicates that the officers created any intentional delay, or that Plaintiff Eberhard was processed any differently than someone else would have been in this situation.

For a custody arrest including making the arrest, waiting for a supervisor to respond to the scene (as Officer Dabbs reported in his declaration), transporting the arrestee from the arrest location to c9unty jail, waiting their tum for the booking, doing the pre-booking paperwork, then booking him, writing the reports, and processing the release, this does not appear to have been a case of delayed processing.

12 Arrest report, CHP _ 002441 13 CAD log, CHP_021985 14 Exh AE, p. 5 15 DMV-ANI inquiry printout, CHP_002450 16 Exh AE, p. 4 17 Exh AE, p. 7

8



Opinion No. 5 I do not see any evidence of false reporting by Officer Dabbs, who wrote the arrest report.

Plaintiff Eberhard alleged that Officer Dabbs and Reynolds falsified the arrest report.18

I read the arrest report. I don't see anything in it that could be construed as false, based upon my reading of extensive documents and testimony in this case. The officers maintain that Plaintiff Eberhard was told repeatedly to leave the property, and he did not. Mr. Eberhard admitted through his testimony that he did not leave.19

Peace officers are trained to write reports that describe what happened. Officer Dabbs' report of the arrest of Plaintiff'Eberhard contains thorough detail. The purpose of the arrest report is to enable officers to recall events at a later time, and to help prosecutors make decisions. Officer Dabbs's report provided sufficient detail to accomplish those goals.

Opinion No. 6 It was reasonable for Officers Dabbs and Reynolds to use the custody-arrest process instead of the cite-and-release process for the arrest of Plaintiff Eberhard because it was reasonably likely that the Plaintiff would continue the offense, and any reasonable officer could have done the same thing.

Plaintiff Eberhard alleged that Officer Dabbs and Reynolds violated his First Amendment rights when they elected to book him into jail instead of use a cite-and-release procedure that is sometimes used for misdemeanor crime processing. 20

Peace officers are trained in the law pertaining to making such decisions. [California POST Learning Domain #15- Laws of Arrest, p. 4-25 and 4-26]. [See EXHIBIT NO. 11 Officers Dabbs and Reynolds followed their training.

Officer Dabbs testified that it was normal for trespassers to be booked into county jai1.21 Officer Dabbs wrote in the arrest report narrative that on multiple, prior occasionsPlaintiff Eberhard had been instructed to leave the property, had been read the 602PC

· admonishment, and had been told by CAL TRANS staff that he must have a CALTRANS escort when entering the property; and that Dabbs instructed Plaintiff Eberhard to leave

18 Third Amended Complaint, Para. 79 19 Transcribed deposition testimony of Plaintiff Eberhard, p. 188 20 Third Amended Complaint, Para. 79 21 Transcribed deposition of Officer Dabbs, p. 122

9


Eberhard v. California Highway Patrol Defe:p.se Expert Greg Meyer's Report

three times, but Eberhard refused. Officer Reynolds arrived and instructed Plaintiff Eberhard to leave, but he refused.22

Thus it was reasonable for Officer Dabbs to check box number 7 on the reasons for nonrelease section of the arrest report, because the officer reasonably assessed that the plaintiff "would reasonably be likely to continue the offense" because Plaintiff Eberhard had trespassed the property over and over and over again.

Opinion No. 7 It was reasonable for CHP officers to prohibit members of the media and all other non-CAL TRANS and non-CHP personnel from observing the SWAT operations that were conducted to remove protesters from trees, cranes, and "sleeping dragons." .

I am in full agreement with CHP Captain Epperson's thorough articulation of the reasons for protecting the confidentially of SWAT tactics, as well as the need to keep all people (including journalists) away from those operations because of the inherent physical dangers that are present in such operations. 2s

Opinion No. 8 I do not see evidence th'at Plaintiff Eberhard was targeted or "singled out" for special, unusual or .disparate treatment by CHP Officers Dabbs and Reynolds.

Plaintiff Eberhard alleged that CHP Officers "Dabbs and Reynolds intentionally singled out Eberhard for arrest in violation of and in retaliation for his exercise of First Amendment rights."24

Officer Dabbs stated that he did not know Mr. Eberhard prior to. the day of the arrest.25

Officer Reynolds stated that on two occasions prior to the arrest, he had observed a CHP sergeant tell Mr. Eberhard to leave the property.26

Captain Epperson stated that prohibitions of unauthorized people entering the CAL TRANS work site were not focused on Mr. Eberhard, they applied to everybody:21

22 CHP arrest report narrative (CHP0004) 23 Declaration of Captain Epperson, p. 2 24 Third Amended Complaint, para. 79 25 Declaration of Officer Dabbs, p. 2 26 Declaration of Officer Reynolds, p. 2 27 Declaration of Captain Epperson, p. 5

10



"I understood from them that if anybody was on the site and unescorted that they were there without permission and subject to arrest for trespassing. This was not limited to Mr. Eberhard; this was the general protocol that applied to anybody. Officers were briefed that there were no exceptions to this policy for anyone, including the media."

Plaintiff Eberhard was warned of his illegal behavior over and over, by a variety of CHP and CAL TRANS personnel, yet he persisted in breaking the law. It is disingenuous for Plaintiff Eberhard to assert that he was "singled out."

Opinion No. 9 Officer Babcock appears to haV'e performed his duties in a · reasonable manner, and any reasonable officer could have done the same thing.

Plaintiff Eberhard alleged that Officer Babcock harassed him.2a

Officer Babcock testified that there was an occasion [May 13, 2013] where Plaintiff Eberhard was standing in the road, beyond the white line taking pictures of an arrestee in a nearby police car; and Babcock yelled at Eberhard to get back.29 Officer Babcock raised his voice because of the distance between them and the noise of the passing traffic. 30

Officer Babcock just wanted Plaintiff Eberhard to be off the highway and away from the police vehicle, at a safe distance.31

Plaintiff Eberhard admitted that he got "next to" the patrol car window when he was taking photographs; and that Sergeant Lott told him he needed to stay five feet away from patrol cars and 20 feet away from arrests. 32

It is not at all unusual to direct someone to move out of a highway traffic lane or to move away from a police car that has an arrestee in the car. It is against the law to stand in a traffic lane. Many people (including police officers) have been killed by passing traffic. Even at the curb or on a shoulder, many people (including police officers, specifically including a number ofCHP officers) have been killed when vehicles run into parked vehicles. So it is a simple matter of safety to order people out of the roadway. Officer Babcock adequately explained this danger. 33

In addition, officers are trained that they have a duty to care for and protect the safety of arrestees. It is normal procedure to not allow unauthorized persons to approach arrestees.

28 Third Amended Complaint, Para. 87 29 Transcribed deposition of Officer Babcock, p .. 97 30 Transcribed deposition of Officer Babcock, p. 99 31 Transcribed deposition of Officer Babcock, p. 101 32 Transcribed deposition of Plaintiff Eberhard, p. 118 33 Declaration of Officer Babcock, p. 2

11


Eberhard v. California Highway Patrol Defense Expert Greg Meyer's Report ·

Officers have no way of knowing the motivations or intentions of someone who would approach an arrestee. Thus it is prudent as a general police practice (as well as common sense) to prohibit people from approaching arrestees, or directing people away if they do approach an arrestee.

Officer Babcock testified that on another occasion [May 21, 2013], CAL TRANS was conducting pile-driving operations, and Plaintiff Eberhard entered a dangerous restricted area that was plainly marked and started walking toward a crane. Officer Babcock yelled at Plaintiff Eberhard to stop. Plaintiff Eberhard walked back toward the restriction rope, but stopped and turned to take more pictures. Officer Babcock told him, "Go" and pushed/shoved Plaintiff Eberhard in the shoulder/chest area to make Eberhard move in the desired direction away from the danger zone when Eberhard did not comply with direction to do so on his own.34 Officer Babcock adequately explained his actions and the reasons for them.35

Expert Note: In his declaration cited above at Footnote 35, Officer Babcock stated, "We are taught 'Ask, Tell, Make."'

To be clear, what those words mean is that the officer first requests someone to do something ("Ask"); if there is no compliance, the officer orders someone to do something ("Tell"); and, if there is still no compliance, the officer forces someone to do som51thing ("Make").

The "Ask, Tell, Make" progression is widely accepted and widely trained police procedure that provides a logical escalation process when people are resistant and officers must assert their lawful authority.

Plaintiff Eberhard admitted that he was inside the roped-off area and continued to take photographs after being directed to .leave the roped-off area by Officer Babcock. 36

The Plaintiff clearly resented being told what to do by police authorities who were just doing their jobs on behalf of CAL TRANS, and the Plaintiff targeted Officer Babcock for particular attention in the Third Amended Complaint apparently based in large part on what Plaintiff Eberhard considered to be nothing more than a bad attitude.

34 Transcribed deposition of Officer Babcock, p. 154, 159, 166-167, 169 35 Declaration of Officer Babcock, p. 3 36 Transcribed deposition of Plaintiff Eberhard, p. 132

12



Opinion No. 10 Officer Babcock's use of force to move Plaintiff Eberhard away from the pile-driving operations on May 21, 2013 was de minimis and by no means excessive, and any reasonable officer could have done the same thing.

Plaintiff alleged that Officer Babcock assaulted him and battered him. 37

Officer Babcock testified that while CAL TRANS was conducting pile-driving operations [May 21, 2013], Plaintiff Eberhard entered a dangerous restricted area that was plainly marked as prohibited and started walking toward a crane. Officer Babcock yelled at Plaintiff Eberhard to stop. Plaintiff Eberhard walked back toward the restriction rope, but stopped and turned to take more pictures. ·

Officer Babcock testified about his actions. Officer Babcock told Plaintiff Eberhard, 1'Go" and pushed/shoved Plaintiff Eberhard in the shoulder/chest area to make Eberhard move in the desired direction away from the danger zone. 38

Plaintiff Eberhard admitted that he was inside the roped-off area and continued to take photographs after being directed to leave the roped-off area by Officer Babcock. 39

"Not every push or shove, even if it may later seem unnecessary in the peace of a judge's chambers," Johnson v. Glick, 481 F. 2d, at 1033, violates the Fourth Amendment. 40

Physically escorting a person who is engaged in passive or active resistance and who is unresponsive to repeated lawful verbal commands (including pushing and.shoving the person if that's what it takes to get them to move) is proper police procedure for which officers are specifically trained. [California POST Leaming Domain #20-Use of Force, p.2-6]. [See EXHIBIT NO. 3]

EXHIBITS

1. California POST Leaming Domain #15: Laws of Arrest (relevant pages) 2. California POST Leaming Domain #24: HandlingDisputes/Crowd Control

(relevant pages) 3. California POST Leaming Domain #20: Use of Poree (relevant pages) 4. Greg Meyer's curriculum vitae

37 Third Amended Complaint, Para. 87 . 38 Transcribed deposition of Officer Babcock, p. 154, 159, 166-167, 169 39 Transcribed deposition of Plaintiff Eberhard, p. 132 · 40 Graham v. Connor 490 U.S. 386 (1989)

13


Eberhard v. California Highway Patrol . Defense Expert Oreg Meyer·s Report .

'EXPERT QUALIFICATIONS, POOLICATIONS~ AND OTHER CASES

My curriculurp ·11itae'[see EXHIBIT.No:. 4} ddcuments my qll~llfi!:iati011$,.tlle relevant publications· l haye authored ·(}Ver the past 10 years, and lists.the relevantoases fo W:hieh! I hav~ testified atti;ial or deposition' over the past 4 Yr8.r$'. · · .· · ·

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· N(yfee fof,.'deposition is .$frsoof or up.to fotichqurs; $~~QOO fot, up,tl) ~ightb;ours, .paya~lein advance,• .Any r~latedtravel · f.ee ·($1,000 for travef outside California; $100 per hour for travel·, inside Califomfa:)·plus a good,.;faith estimate ofiraveJ .expenses are also payable in advapce.

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CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Basic Course ,.;:'-;:

Workbook Series Student Materials Learning Domain 15 Laws of Arrest Version 4.5

THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF CALIFORNIA LAW ENFORCEMENT IN SERVING ITS COMMUNITIES


j

j

I

Probable Cause for Arrest [15.04.E02]

Introduction

Leadership

Definitions

The Fourth Amendment of the U.S. Constitution requires probable cause to make arrests and/or conduct searches because searches or arrests conducted without probable cause infrif).ge on a person's privacy.

Peace officers must know the law and the proper methods of enforcement. They are aware of any available options regarding the decision to arrest and how to apply them.

Arrest is taking a person into custody, in a case and in the manner authorized~~ by law. (Penal Code Section 834) The arrest must be based on probable cause.

' Probable cause for an arrest is a set of facts that would cause a person of ordinary care and prudence to entertain an honest and strong belief that the person to be arrested is guilty of a crime. Probable cause is required before an arrest is made and is based on the totality of the circumstances.

Facts required to establish probable cause may include, but are not limited to:

• direct investigation or reports • circumstantial evidence • second-hand statements from reliable sources

Continued on next page

LD 15: Chapter 4-Arrests


Probable Cause for Arrest, continued

Reasonable suspicion vs. probable cause

Officer training and experience

Probable cause is a higher standard of suspicion than reasonable suspicion. However, factors that contribute to establishing reasonable suspicion can also be used to establish probable cause, or it can escalate into probable cause.

Factors for Reasonable Suspicion Probable Cause to Arrest

Possible influence of alcohol or drugs Illegal level of intoxication

Actions/words/ demeanor during Self-incrimination, contraband detention

Erratic driving behaviors DUI, contraband ·······

Pat search for weapons Possession of illegal weapons or contraband

Possible connection to burglary Discovery of stolen property

Peace officers' expertise is part of the equation for determining probable cause. For officers versed in a specific field oflaw enforcement, an activity which might otherwise appear innocent may provide probable cause to a trained eye.


LD 15: Chapter 4 Arrests 4-5


Disposition of the Arrestees [15.04.E012]

Introduction

Disposition of arrestees

Compliance with· warrant

· Infractions

Warrantless misdemeanor arrests and release

Upon arresting a person, peace officers must follow statutory requirements to ensure the arrestee's rights are not violated. The nature of the offense and the presence or the absence of a warrant dictate how peace officers handle the arrestee.

Statutes provide different means of handling or "disposing" of arrestees, depending on the nature of their offenses (infraction, misdemeanor, or felony) and the manner of arrest (warrant or warrantless).

If the arrest is made pursuant to a warrant (felony or misdemeanor), the arresting officer must proceed with the arrestee as commanded in the warrant. (Penal Code Section 848). For misdemeanors only, this may include cite and release or transport to jail. (Penal Code Section 827.1)

A person arrested for an infraction is normally .£llil!! and released, although the arrestee must sign a written promise to appear. (Penal Code Section 853.5)

A person an-ested for an infraction may be taken into custody if he or she fails to present satisfactory identification, refuses to sign the written promise to appear, or if any of the exceptions listed in Penal Code Section 853.6 exist.

Penal Code Section 853.6 requires, with some exception, that a person arrested without a warrant for misdemeanor offenses be cited and released in lieu of custody. Once arrestees sign a written promise to appear or post a bail bond, they are released.

Continued on r,iext page

LD 15: Chapter 4 - Arrests 4-25


Dis position of the Arrestees, continued

Exceptions to misdemeanor cite and release

4-26

Whenever any person is arrested by a peace officer for a misdemeanor, that· person shall be released according to the procedures set forth by this chapter unless one of the following is a reason for non-release, in which case the arresting officer may release the person, or the arresting officer shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for non-release: (Penal Code Section 853.6(i)):

• the person arrested was so intoxicated that he or she .could have been a danger to himself or herself or to others

• the person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety

• the person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code

• there was one or more outstanding arrest warrants for the person • the person could not provide satisfactory evidence of personal · identification

• the prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested

• there was a reasonable likelihood that the offense or offenses would continue or reswne, or that the safety of persons or property would be imminently endangered by release of the person arrested

• the person arrested demanded to be taken before a magistrate or refused to sign the notice to appear

• There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated

• ·the person was subject to Section 1270.1

Continued on next page .

. LD 15: Chapter 4 Arrests



Basic Course ·Workbook Series Student Materials Learning Domain 24 Handling Disputes/Crowd Control Version 3.1

MEYER EXHIBIT NO. 2

1HE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE 1HE PROFESSIONALISM OF CALIFORNIA LAW ENFORCEMENT IN SERVING ITS COMMUNITIES


Crowd Control [24.05.EOl 1]

Introduction

Crowd control

Law· enforcement objective

Potential for violence

5-10

There are countless reasons why people gather in large groups. They may gather in small spontaneous groups out of curiosity or in large crowds that form at a predetermined location out of a common cause. Either type of gathering can be passive or hostile, or a mixture of both.

Crowd control refers to the techniques used by peace officers in response to either a preplanned or spontaneous event, activity, or occurrence where there is a potential or imminent threat of violence. The constitutional rights of the individuals within the crowd must be weighed against the rights of the public to carry on business.

The law enforcement objective for controlling a crowd, where there is a potential or imminent threat of violence, is to control the situation and prevent violations of the law without infringing on the groups" First Amendment rights of free speech and assembly.

Certain events, even though preplanned, have a higher potential for violence or violations of the law. Often groups will gather to protest real or perceived infringements on the rights of that group. The emotions and reactions of the crowd must be carefully monitored during such events to provide as much lead time as possible for an appropriate law enforcement response.


LD 24: Chapter 5 - Crowd Management and Control


l

Riot Control, Continued

Crimes related to crowds and riots

The following table identifies a number of crimes related to crowds and riots.

Criminal Action Penal Code Section

Disturbing the peace 415

Malicious mischief 594

Trespass on enumerated lands 602J

Participating in an unlawful assembly 407 and 408

Obstructing individual from entering or exiting health care 602.11 facility, place of worship, or school

Resisting officers who are performing official duties 69and 148

Entering an area that has been closed by law enforcement 409.5 officers

Impeding officers at the scene of a disaster 402

Disobedience to a dispersal order 409

Refusal or failure to disperse on command 416

Requirement to arrest persons who do not immediately disperse 727

Participation in a rout 406 and 408

Incitement to riot 404.6

Participation in a riot 404 and 405

Advocating to kill or injure a peace officer 15l(a)

Lynching 146

LD 24: Chapter 5 - Crowd Management and Control 5-23



B,asic Course Workbook Series Student Materials Learning Domain 20 Use of Force Version 3.1

MEYER EXHIBIT NO. 3

THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF CALIFORNIA LAW ENFORCEMENT IN SERVING ITS COMMUNITIES


Reasonable Force [20.01.EOl, 20.0l.E02]

Introduction

Fourth Amendment "objective reasonableness" standard

Reasonable force is a legal term for how much and what kind of force a peace officer may use in a given circumstance.

Penal Code Section 835a states: "Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance."

In 1989, the United States Supreme Court applied an objective standard to a force situation and further established how reasonable force must be judged objectively (Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865) (1989)). The Court's analysis began by considering the subject's Fourth Amendment right to remain free from any unreasonable seizure against the government's interest in maintaining order through effective law enforcement.

The Court noted that determining the objective reasonableness for the use of force must be fact specific, and established the follm.ying four components for determining reasonableness:

The reasonableness of a particular use of force must be ...

1 judged from the perspective ofa reasonable officer.

2 examined through the eyes of an officer on the scene at the time the force was applied, not the 20120 vision of hindsight.

3 based on the facts and circumstances confronting the officer without regard to the officer's underlying intent or motivation.

4 based on the knowledge that the officer acted properly under the established law at the time.


LD 20: Chapter I -Introduction to the Use of Force 1-3


Reasonable Force, continued

The officer's perspective

Community policing

1-4

Peace officers will constantly be faced with decisions of when to use force and to what degree it should be applied.

The totality of the circumstances must be evaluated from the perspective of the officer at the scene, rather than from an outsider's benefit of"20/2011

hindsight. Reasonable force must be based on the facts and circumstances known to the peace officer at the time the force was used.

The Court noted that:

"the amount of force necessary for the situation is determined by the objective reasonableness as judged by a reasonable officer given the officer's training and experience."

A reasonable officer is defined as an officer with similar training, experience, and background in a similar set of circumstances, who will react in a similar manner.

Community members want their officers to possess the skills necessary to subdue violent and dangerous subjects. They also want officers to use these skills to apply only the amount of force that is reasonable to effect an arrest, to overcome resistance, or to prevent escape. Force should never be used to punish subjects. In the American criminal justice system, punishment .in the form of judgments is the sole responsibility of the courts.


LD 20: Chapter I -Introduction to the Use of Force


,,

Reasonable Force, continued

The officer's intent

Additional gauges for reasonableness

·. Reasonable officer standard

The objective for the use of force by peace officers in any situation is to ultimately gain or maintain control of an individual and the situation.

Control, as it relates to defensive tactics, means maintaining composure to make sound judgments and decisions.

The Court noted that the following facts should also be considered, but not limited to, when gauging reasonableness:

• The severity of the crime • The narure and extent of the threat posed py the subject • The degree to which the subject resists arrest or detention • Any attempts by the subject to evade arrest by flight

The reasonable officer standard:

• would another officer • with like or similar training and experience, • facing like or similar circumstance,

, • act in the same way or use similar judgement?

LD 20: Chapter I -Introduction to the Use

I

1-5


Authority to Use Force [20.0l.E03, 20.0l,.E04, 20.01.EOS, 20.0l.E06]

Introduction

Subject's duty to submit to arrest

Officer authority to use restraint

1-6

It is the role of the peace officer to protect and serve the public. Peace officers who make or attempt to make an arrest may use reasonable force when faced with a threat or resistance.

Whether a subject is legally detained or arrested, it is the subject's duty to refrain from resisting the officer's authority.

Penal Code Section 834a states:

"If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such · person to refrain from using force or any weapon to resist such arrest."

An arrest can be made by physically restraining a subject or by the subject submitting to the authority of the officer.

Penal Code Section 835 states:

"An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for arrest and detention.''


LD 20: Chapter I -Introduction to the Use of Force


Authority to Use Force, continued

Authority and criteria for the use of force

Agency policies

Penal Code Section 835a states:

"Any officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect an arrest, to prevent escape or to overcome resistance.

A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance."

Although the statutory law and case law have provided a foundation for the use of force by a peace officer, the most detailed considerations and regulations are established by each agency's policies.

Limitations on the use of force are set by agency policy. These policies are attempts to provide reasonable guidelines for officers to protect them and their agency from criminal and civil liability.

Peace officers are responsible for becoming familiar with and complying with their agency's policies and guidelines regarding the use of force.

LD 20: Chapter I -Introduction to the Use of Force 1-7


Resistance [20.02.E03]

Introduction

Subjects actions

2-6

Subjects' resistance/actions to an arrest will determine the type of force used by peace officers.

The following chart illustrates how a subject's resistance/actions can correlate to the force applied by an officer:

Subject's Description Possible Force Option Actions

Cooperative Subject offers no .. -.1- - Mere professional appearance resistance - Nonverbal actions

- Verbal requests and commands

Passive Does not respond to - Officer' s strength to take nonverbal commands but physical control, including compliance also offers no physical lifting/ carrying

form of resistance - Control holds and techniques to direct movement or immobilize a subject

Active Physically evasive - Control holds and techniques to resistance movements to defeat an control the subject and situation

officer's attempt at - Use of personal weapons in control, including self-defense and to gain bracing, tensing, running advantage over the subject away, or verbally - Use of devices to secure signaling an intention to . compliance and ultimately gain avoid or prevent being control of the situation taken into or retained in custody


. LD 20: Chapter 2- Force Options


Chapter Synopsis

Learning need

Force option [2.02.EOl]

Goal of using force to gain control [20.02.E02]

Officer's use of force vs subject's level of resistance [20.02.E03]

Ongoing training and practice for responding to dangerous situations [20.02.E04]

Effective communication [20.02.EOS]

Peace officers must recognize that they have a range of force options available to them. However, in all cases the use of force must be reasonable compared to the threat, resistance, and other circumstances known to the officer at the time the force was used.

Force options are choices available to a peace officer in each agency's policy to overcome resistance, effect arrest, prevent escape, or gain control of the situation.

The objective of the use of force by peace officers in any situation is to ultimately gain or maintain control of an individual and therefore the situation.

An officer's selection of the force option or amount of force should be based on the amount or degree of resistance of the subject as well as othe:r relevant conditions or circumstances of the specific situation.

It has been established that peace officers, when required to respond quickly in dangerous situations, will revert to trained responses. Officers' tactical performance may depend entirely on how well and effectively they have trained for and practiced their abilities and skills. · ·

The vast majority of law enforcement responsibilities involve· effective communication. Communication involves both professional demeanor and words resulting in improved safety and professionalism.

LD 20: Chapter 2-Force Options 2-13


NAME:

LOCATION:

CONTACTS:

BIRTH:

EDUCATION:

CERTIFICATES &LICENSES:

EMPLOYMENT:

Updated 08/06/15

GREG MEYER

MEYER EXHIBIT NO. 4 CURRICULUM VITAE

Greg Meyer

Los Angeles, CA

Office: ( 818) 956-1303 Cell: (562) 715-7497

E-Mail: [email protected]

1948 - Culver City (Los Angeles), CA

M.S. - Public Administration, Cal State Los Angeles (1991) Master's Thesis: "Nonlethal Weapons vs. Conventional Police Tactics: The Los Angeles Police Department Experience"

B.A. - Journalism, Cal State Long Beach (1979)

A.A. - Journalism, Los Angeles Pierce College (1974)

Certified Force Science Analyst Force Science Institute (2009 - present)

Certified Litigation Specialist Americans for Effective Law Enforcement (2003 - present)

Certified instructor, TASER X-26 (2005, 2009)

Certified instructor, TASER M-26 Instructor (2001, 2003, 2005, 2009)

Certified instructor, Tasertron (various TASER devices, 1992-1999).

Teaching Credential (Police Science) State of California (1981 - Lifetime)

California Peace Officer Standards and Training (P.O.S.T.) (Basic, Intermediate, Advanced, Supervisory, Management Certificates)

Police Tactics and Procedures Consultant (Author, Lecturer, Consultant, Expert Witness) - self-employed (1989 - present)

Los Angeles Police Department (1976 - 2014) Officer, Detective, Sergeant, Lieutenant, Captain, including assignments in patrol, detectives, vice, traffic, planning and research, tactical planning, administration, and training. Retired from active service 5-31-06. Field Reserve Officer (1976-77); Reserve Officer (2006-2012); Specialist Volunteer, LAPD Training Group (2013- present).

Page 1


ASSOCIATIONS:

Updated 08/06/15

GREG MEYER

Long Beach Police Department, Patrol Officer (1977-78)

Los Angeles Police Department, Field Reserve Officer (1976-77)

McDonald's Corporation, Restaurant Manager, Training Coordinator (1972-76)

Force Science Research Center (FSRC) National Advisory Board member (2006 - present) Certified Force Science Analyst (2009 - present)

Police Executive Research Forum (PERF) Associate Member (2005- present); advisor, PERF's Center for Force and Accountability (2005 - 2007); panel member for development of Conducted Energy Device guidelines (2005 and 2010); attended annual meetings (2004, 2005, 2006, 2012); attended special meeting re Body Worn Cameras (2013)

Peace Officers Association of Los Angeles County (POALAC) Training Seminars Committee chair (2003 - 2011 ); Board of Directors (2004 - present); member (1981 - present)

Americans for Effective Law Enforcement (AELE) . Certified Litigation Specialist (2003 - present); Academic Committee rnember for AELE's Certified Litigation Specialist program (2002 -present); Chairman, Association of Certified Litigation Specialists (2011-2013); law journal review panelist (2009 - present}; seminar instructor for "Critical Incident Response: Management and Legal Liability" seminar (2002-2005); seminar instructor for "Lethal and Less-Lethal Force" seminar (2006-2013); seminar instructor for "Management, Oversight and Monitoring of Use of Force" (2013)

American Society for Law Enforcement Training (ASLET) Vice Chair (2003-2004); Treasurer (2001-2003); Executive Board (2001-2004); seminar instructor (1994 - 2004); master of ceremonies for annual seminar opening ceremonies in Anchorage, Ontario (CA), and St. Louis (2002-2004)

International Association of Chiefs of Police (IACP) Co-author of Electronic Control Weapons model policy revision (2010); Project Advisor, "Electro-Muscular Disruption Technology: A Nine Step Strategy for Effective Deployment" (published April 2005); IACP member (1993 - present); attended IACP Annual Conference (2004, 2005, 2006)

PoliceOne.com Featured columnist (2006 - 2013)

Los Angeles Police Command Officers Association Member (1998 - 2006)

Page2


I MILITARY:

COMMUNITY SERVICE:

Updated 08/06/15

GREG MEYER

POLICE Magazine . Advisory Board Member and article contributor (1997 - present)

California Association of Force Instructors (CAFI) Presenter and Associate Member (1994 - 2000)

Public Administration Advisory Committee California State University, Los Angeles (1993 -1998)

Pi Sigma Alpha public administration honor society (1990)

California Homicide Investigators Association Past Member

California Peace Officers Association (CPOA) Member (1980 - life member)

Century Club, West Valley Family YMCA Member (1974 - 2006)

President's Club, Los Angeles Metropolitan YMCA Member (1976- present)

Chairman's Round Table, West Valley Family YMCA Member (2007 - present)

United States Army Security Agency (1968-72) · Top Secret/Cryptographic security clearance; Radio Traffic Analyst,

Airborne Radio Direction Finding Specialist and German Linguist; duty stations included Pleiku and Nha Trang, Vietnam (1969-1970); and Bad Aibling, West Germany (1970-1972)

Mid-Valley YMCA Chairman, Board of Managers (2014 - present)

Tri-Valley YMCA (San Fernando Valley, CA) Chairman, Board of Managers (2012-2014); (a combination of three YMCA branches under one management/leadership team)

Los Angeles Police Museum Chairman of the Board of Directors (1992-1995; 2007-2010); Vice Chairman (2014); Director (1989-2014); on-camera interview for "The History Channel" program on the 1997 North Hollywood Bank Robbery Shootout (2008); Co-Chair, Capital Development Campaign (2000-2001); Producer, Annual Jack Webb Awards Night (1996, 1999, 2012); Coproducer, Jack Webb Awards Night (1997, 1998, 2001, 2004)

Page 3


I

HONORS & AWARDS:

Updated 08/06/15

GREG MEYER

Valley Traffic Advisory Council (San Fernando Valley, CA) Founder (2001 ); Advisor (2001-2004); Director (2007- 2009); Honorary Member (2009 - present)

. West Valley Family YMCA (Reseda, CA) Member, Board of Managers (2011 - 2012); Leadership reunion organizer (2010); Keynote speaker, annual campaign kickoff dinner (2008 & 2009); Chairman's Round Table (2007-present); President's Club (1974-present);Century Club (1974 - 2006); Board of Managers (1973-76); Camp Committee Chairman (1974)

"Lifetime Achievement Award" (2012); "Member of the Year" (2006) Peace Officers Association of Los Angeles County (POALAC)

LAPD Management Achievement Award Nominee, for leadership accomplishments as a division commanding officer (2001)

"Volunteer of the Year" Los Angeles Police Historical Society (2000)

LAPD Management Achievement Award Nominee, for leadership of Wilshire Area's "Predators to Prison" Program (1996)

Defensive Tactics Newsletter's Leadership Award to recognize commitment and contributions to research in training & tactics (1994)

Medallion Recipient, National Philanthropy Day in Los Angeles for activities with the Los Angeles Police Historical Society (1992)

LAPD's Hollywood Detective of the Year (1983)

Soldier of the Quarter, U.S. Army Field Station Bad Aibling, Germany (1971)

Army Commendation Medal, Vietnam (1969-1970)

Page4


LAPD PROFESSIONAL ACTIVITIES: ,

Updated 08/06/15

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GREG MEYER·

Member, Tactics Training Review Committee, a work group that creates and updates LAPD Use of Force Tactics Directives for the Chief of Police; monthly meetings (2013 - present)

Leader, LAPD Use-of-Force "Best Practices" Strategic Planning Work Group, direction and coordination of internal subcommittees and outside consultants examining policy, training, equipment, tactics, postincident review processes; directed LAPD's TASER Model X-26 field test; LAPD media resource on these issues (2005-2006)

Member, LAPD Use~of-Force "Best Practices" Strategic Planning Work Group (2006 - 2009) (turned over the leadership role upon retiring from LAPD in May 2006, continued as work group member); recognized by the Los Angeles Board of Police Commissioners during its adoption of a revised LAPD use-of-force policy resulting from a four-year project (2009)

Member, Professional Advisory Committee, a work group focusing on police improvement training issues, coordinated by the LAPD Director of Police Training and Education, LAPD Academy (2009 - present)

Demonstrated TASER-Cam device for the Chief of Police (2007)

Presenter, LAPD Chief of Police and United States Military Delegation from Baghdad, Iraq, on crime and traffic issues, Los Angeles (August 2006)

Participant, National Institute of Justice Conference, featuring nonlethal weapons session and force-options simulator technology session, Washington, DC (July 2006)

Participant, Police Executive Research Forum (PERF) focus group on officer safety issues, Washington, DC (May 2006)

Participant, Police Executive Research Forum (PERF) Annual Meeting, focused on law enforcement "best practices," San Francisco (April 2006)

* . Presenter_,JRE)(F'O-Westqn TASERs C!nd Exc!ted Delirium (March 2006) . . - . ·····-----·-

*

*

Presenter, LAPD In-Service Training Section Training Day on TASERs and Excited Delirium (March 2006)

Presenter, LAPD Chief of Police press conference, to announce LAPD's field test of T ASER Model X-26 (February 2006)

Page5


Updated 08/06/15

*

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GREG MEYER

Presenter, Institute for Law Enforcement Administration (ILEA) national summit on use of force, Plano, TX (January 2006)

Presenter, TASER Executive Course for law enforcement leaders, risk managers, and legal staff, Scottsdale (December 2005)

Participant, Police Executive Research Forum (PERF) conference on handling the mentally ill and use of force, San Diego (December 2005)

Member, California Peace Officer Standards and Training Commission (POST) committee to create a statewide standardized · lesson plan for TASER instructor certification, Sacramento (2005)

Coordinator, Use of Force Training for LAPD Commissioners (2005)

Presenter, Performance lnstitute's 2005 Use of Force Summit, Arlington VA (November 2005)

Participant. Police Executive Research Forum (PERF) conference on TASER policy development, Houston (October, 2005)

Participant, International Association of Chiefs of Police (IACP) annual conference, numerous use of force seminars, Miami (September 2005) .

Participant, Canadian Officer Safety Conference, Victoria BC (September 2005)

Participant, Force Science Research Center (FSRC) seminar on biomechanics of officer-involved shooting incidents, "Winning Extreme Encounters from Street to Court," Seattle (June 2005)

* . Advisor, Police Executive Research Forum (PERF) Center for Force and Accountability (June 2005- present)

*

*

*

Participant, Police Executive Research Forum (PERF) Annual Meeting, focused on international police use of force issues and "best practices," New York City (April 2005)

Creator, multi-agency custody-death research work group to inspire the US Surgeon General to involve the medical research community in this persistent law enforcement problem (April 2005)

Project Advisor, International Association of Chiefs of Police (IACP) publication, "Electro-Muscular Disruption Technology: A Nine Step Strategy for Effective Deployment" (published April 2005)

Page 6


I

Updated 08/06/15

GREG MEYER

* Participant, US Department of Justice Symposium on Less-Lethal Weapons Technology, including workshop interaction with international law enforcement and military chiefs and trainers, Arlington, VA

*

*

*

*

*

*

*

*

*

*

*

*

*

*

(April 2005)

Coordinator, Chief of Police-directed review of LAPD use-of -force policies and procedures by eight nationally renowned use-of-force experts (March 2005)

Participant, International Association of Chiefs of Police (IACP) annual conference, attended numerous use of force seminars, Los Angeles (November 2004)

Participant, LAPD Chief of Police "72-hour Briefings" following officer-involved shootings and other major incidents (2004-2006)

Advisor, William H. Parker Foundation (2004-2006)

Guest lecturer on police traffic safety and management issues, Pepperdine University's School of Public Policy, graduate seminar (2004)

Chairman, ad hoc committee to improve traffic collision reporting efficiency (2003-2004)

Member, Los Angeles City Councilman Jack Weiss' Advisory Commission (2002 - 2004)

First-level adjudicator as the commanding officer for hundreds of disciplinary cases involving public and internal personnel complaints; directed these investigations (1998- 2006)

Presenter of facts, findings and recommendations to the Use of Force Review Board for officer-involved shootings and other significant use of force incidents (1999 - 2006)

Board member, Police Sergeant selection process (2001)

' . Participant, Law Enforcement Ethics Symposium presented by the FBI (2001)

Reviewer, Police Lieutenant civil service examination (2001)

Assistant Chair, Area Integrity Plan Development Committee (2000)

Member, Board of Inquiry to examine the suitability of particular officers to be promoted to the rank of detective and sergeant (1999 - present)

Page7


*

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Updated 08/06/15

GREG MEYER

Guest speaker, International Traffic Conference, Madrid, Spain (2000)

Participant, California Office of Traffic Safety's.annual conference, San Diego (2000)

Chairman of the LAPD Board of Rights, a de novo disciplinary hearing for a Los Angeles Police Department captain accused of "neglect of duty" in the Department's "Rampart corruption scandal" (2000)

Maste.r of ceremonies, Valley Traffic Safety Summit (2000-2004)

Member, LAPD Informant Policy and Procedures Review Committee (2000)

Panelist, West San Fernando Valley Traffic Summit, a seminar for community activists, elected officials, and various government agencies pertaining to improving traffic safety (2000)

Guest speaker, California Assembly Speaker Robert Hertzberg's Public Safety Advisory Committee, and his Families and Community Advisory Committee, on the subjects of traffic safety and the Rampart corruption probe (1999-2000)

Civil service interview and personnel-package-review panelist for the sergeant's exam process (1999)

Member, Board of Inquiry committee to examine command accountability for reviews of nondeadly force, vehicle pursuits, and fleet safety issues pertaining to policy, training and practices of the · Los Angeles Police Department (1999)

Commissioner, San.Fernando Valley Public Safety Advisory Commission convened by California State Assembly Speaker Bob Hertzberg ( 1999 - 2003)

Member, Traffic Strategic Committee of the Los Angeles Police · Department, to develop and recommend improvements to the Department's efforts to reduce traffic collisions through education, engineering and enforcement (1999 -2001)

Member, Detective Strategy Committee of the Los Angeles Police Department, to develop and recommend improvements to the Department's efforts to produce high-quality criminal investigations (1998-1999)

Page 8


Updated 08/06/15

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GREG MEYER

Member, Short-Term Strategy Committee on Juvenile Issues of the Los Angeles Police Department, to develop and recommend improvements to the Department's efforts to produce high quality processes involving juveniles (1998-1999)

Chairman or Member, numerous Boards of Rights tribunals to adjudicate disciplinary matters within the Los Angeles Police Department (1998 - 2006)

Chairman or Member, numerous Advanced Paygrade Selection Interview Panels for Lieutenant II and Detective Ill (1998 - 2005)

LAPD-West Point Leadership Course instructional cadre member ( 1997 - 2005)

Leadership Course instructor for watch commanders, sergeants, and field training officers, Los Angeles Police Academy (1995 - 1997)

Use-of-Force Review Coordinator, LAPD Wilshire Area (1993 - 1994)

Advisor, Use-of-Force Management Information System Task Force (1994)

Chairman or Member, numerous Advanced Paygrade Selection Interview Panels for Sergeant II, Detective II!, Detective II, and Police Officer 111 (Field Training Officers and Detective Trainees ( 1993 -1998)

* · Member, LAPD Tactics Training Review Committee (1990-1993, 2004 - 2006, and 2013 - present)

*

*

*

*

*

Rodney King case: Provided expert consultation on use-of-force issues to the criminal and internal investigators (1991), state case prosecutors (1991-92), City Attorney and administrative defense representatives (1991-1994), U.S. Attorney and Federal Bureau of Investigation (1992); memo to federal judge re use of force policy/training history (1993).

Reviewed and analyzed use-of-force and officer-involved shooting reports for the Commanding Officer, Operations-Headquarters Bureau (1991-93)

Conducted a special investigation of a command officer atthe direction of the Chief of Police (1987)

Authored "The Watch Commander's Guide for Control of Disasters and Other Emergencies" (1982)

Developed nonlethal weapons policy and training material (1980-81)

Page 9


SPECIALIZED TRAINING RECEIVED:

*

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Updated 08/06/15

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GREG MEYER

Trained 67 instructor/divisional coordinators and three tactics supervisors on the TASER device •. LAPD Academy (1981)

* Researched and/or tested thirteen nonlethal weapons at Planning and Research Division (1979-80)

Staffed the LAPD Ad Hoc Committee on Nonlethal Weapons and created the Nonlethal Control Device Incident Report, later adapted as LAPD's Use of Force Report (1980)

Conducted demonstrations of nonlethal weapons for the Mayor of Los Angeles, the Los Angeles Board of Police Commissioners, and the media (1980)

Member/staffer, LAPD's Human Resources Development Committee (1980-81)

. Field Encounters with the Mentally Ill, Peace Officers Association of Los Angeles County (POALAC) (8 hours) (2014)

Managing, Oversight and Monitoring of Use of Force, Americans for· Effective Law Enforcement's (AELE) (3 days, Las Vegas) (2013)

Institute for Prevention of In-Custody Death (IPICD) annual seminar (3 days, Las Vegas) (annually 2006-2013)

Officer-Involved Shooting Investigation Course, Los Angeles Police Department (3 days, Los Angeles, 2009)

. Force Science Analyst Certification Course, Force Science Institute (5 days, San Jose, 2009)

Lethal and Less-Lethal Use of Force Seminar, Americans for . Effective Law Enforcement (AELE) (3 days, annually or twice per year from 2002.,2013)

Public Safety Discipline and Internal Affairs Course, Americans for Effective Law Enforcement (AELE) (3 days, 2005, 2009, 2014)

Training on California Highway Patrol (CHP) Mobile Video Audio Recording System (MVARS) presented by CHP staff at the California Department of Justice (Los Angeles office) (February 2013)

Page 10


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Updated 08/06/15

GREG MEYER

Training on TASER X-2 and X26, presented by Advanced Officer Safety Training staff of the California Highway Patrol (CHP) at the California Department of Justice (Los Angeles office) (August 2012)

Jail and Prison Legal Issues, Am~ricans for Effective Law Enforcement's (AELE) (3 days, Las Vegas) (2005, 2011)

SWAT Debrief: The Death of LAPD SWAT Officer Randy Simmons (3 hours, Pleasanton, CA, by instructor Mike Odle, 2011)

Earthquake Management Course, California Specialized Training Institute (5 days, San Luis Obispo, 1981)

Civil Disorders Management Course, California Specialized Training Institute (5 days, San Luis Obispo, 1982)

Basic Detective School, LAPD (15 days, 1982)

Supervisory Development Course, LAPD (20 days, 1983)

Juvenile Procedures School, LAPD (3 days, 1983)

Vice School, LAPD (5 days, 1986)

Supervisory Press Relations Training, LAPD (1 day, 1988)

Homicide School, LAPD (5 days, 1991)

Watch Commander School, LAPD (5 days, 1993)

Effective Leadership Course, LAPD Wilshire Area (1994)

P.O.S.T. Management Course (10 days, 1993)

LAPD--West Point Leadership and Command Program (24 days, 1996)

LAPD Command Development Course (24 days, 1998-1999)

Street Survival Seminar, Calibre Press (3 days, Honolulu (1999)

"Leadership in the 21st Century/' presented by the University of California at Los Angeles, the University of Southern California, Pepperdine University, and Claremont University (12 days, 1999- 2003)

"Suicide By Cop - Revisited," sponsored by the Peace Officers Association of Los Angeles County (1 day, 2000)

Page 11


NON-LAPD EXPERT ACTIVITIES:

*

Updated 08106115

GREG MEYER

Live-fire weapons, dynamic building entry, and drug-lab · investigations, by the Drug Enforcement Administration (DEA), 4 hours (shooting M4, M4A 1, HK53, AR15), Los Angeles (1 day, 2007)

Presented multi-media lectures on use-of-force policy, training, equipment, tactics, ethics, and risk-management processes to:

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*

Peace Officers Association of Los Angeles County (POALAC), use of force seminar, focusing on Force Science issues, video and body-cam issues, and TASERs (55 participants) (April 2015)

Peace Officers Association of Los Angeles County {POALAC), "Video Evidence Issues" seminar (October 2014)

Peace Officers Association of Los Angeles County {POALAC), use of force seminar, focusing on Force Science issues, video and body-cam issues, and TASERs (50 participants) (April 2014)

Americans for Effective Law Enforcement's {AELE) Annual Lethal and Less-Lethal Weapons seminar, Las Vegas, focused on Force Science issues (95 participants) (October 2013)

Lorman seminar for plaintiff and defense attorneys and law enforcement management, "Police Liability in California," focused on .TASER issues and Force Science issues, Santa Ana (CA) (10 participants) (June 2013)

Lorman seminar for plaintiff and defense attorneys and law enforcement management, "Police Liability in California," focused on TASER issues and Force Science issues, Pasadena (CA) (25 participants) (June 2013)

Americans for Effective Law Enforcement's (AELE) Managing, Oversight and Monitoring of Use of Force, Las Vegas, focused on TASER issues (135 participants) (April 2013)

Peace Officers Association of Los Angeles County (POALAC), use of · force seminar, focusing on Force Science issues and TASERs (65 participants) (January 2013)

Americans for Effective Law Enforcement's (AELE) Annual Lethal and Less-Lethal Weapons seminar Las Vegas, focused on Force Science issues (110 participants) (October 2012)

Peace Officers Association of Los Angeles County (POALAC), "Critical Incidents: Lessons Learned" seminar, focusing on the BART shooting/weapons confusion case (55 participants) (July 2012)

Page 12


*

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Updated 08/06/15

GREG MEYER

Lorman seminar for plaintiff and defense attorneys and law enforcement management, "Police Liability in California," TASER issues and Force Science issues, Santa Ana (48 participants) (June 2012)

Peace Officers Association of Los Angeles County (POALAC), "Video Evidence Issues" seminar (80 participants) (May 2012)

Travis County Grand Jury (Austin, TX) to educate Grand Jury members on officer-involved shooting policy, training, tactics, and forcescience issues (February 2012)

Peace Officers Association of Los Angeles County (POALAC), use of force seminar, focusing on Force Science i9sues and TASERs (55 participants) (February 2012)

Labor Relations Information System (LRIS) annual Internal Affairs and Critical Incidents seminar, focus on arrest-related deaths, use-offorce policy, police trainers, involuntary firearms discharges, Las Vegas (110 participants) (November 2011)

Scottsdale (AZ) Police Department supervisors, focus on TASER issues for supervisors, trainers, and SWAT personnel (25 participants) (June 2011)

Public Safety Training Institute (PSTI), for various "East Bay" (Northern California) law enforcement agencies, 240 participants (two, 4-hour seminars) (July 2011)

Peace Officers Association of Los Angeles County (POALAC), use of force seminar, focusing on TASER issues, Glendale, CA, 50 participants, POST-certified (June 2011)

Independent Cities Risk Management Association (ICRMA), representing 22 cities in the greater Los Angeles Area, 50 participants (May 2011)

Peace Officers Association of Los Angeles County (POALAC), use of force seminar, focusing on TASER issues, Long Beach, CA, 45 participants, POST-certified (November 2010)

Institute for Law Enforcement Administration (ILEA) Use of Force and Sudden In-Custody Death Seminar, Plano (TX), 75 participants (September 2010)

Page 13


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GREG MEYER

Arroyo Grande {CA) Police Department (with guests from various Central California Agencies), 40 participants (September 2010)

Americans for Effective Law Enforcement's (AELE) Annual Lethal and Less-Lethal Weapons seminar (formerly: Critical Incident Response Management Seminar), Las Vegas (60-275 participants), usually twice per year (2002- 2010)

Peace Officers Association of Los Angeles County (POALAC), use of force seminar, focusing on TASER and nonlethal weapons issues, 70 participants, POST-certified, Torrance, CA (October 2009)

Lorman seminar for plaintiff and defense attorneys and law enforcement management, "Police Liability in California," Santa Ana (February 2009)

Penn State University's Center for Community and Public Safety's annual seminar for Pennsylvania constables, presenting on the subject of sudden in-custody death, 150 participants including police training personnel, attorneys, and judges (November 2008)

Institute for Law Enforcement Administration (ILEA) Use of Force and Sudden In-Custody Death Seminar, 150 participants, Plano (TX) (2008)

Annual TASER Instructor Conference, 280 participants, Chicago (2007)

Beverly Hills Rotary Club, lunch speaker, police use of force, 120 participants (2007)

Presenter, Pepperdine University public-policy graduate seminar, 20 graduate students, requested by former Los Angeles Police Commissioner Racquelle de la Rocha (2006)

Presenter and panelist on Tasers and excited delirium, 30 law enforcement executives and ACLU members, presented by the New York Civil Liberties Union (Albany) (2006)

Performance lnstitute's 2005 Use of Force Seminar, 30 participants, Arlington VA (2006)

TASER lnternational's Executive Course, 150 participants, Scottsdale (2005)

TASER lnternational's Annual Instructor Seminar, Las Vegas (150 participants) (2002)

Page 14


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GREG MEYER

Defensive Tactics Newsletter's Annual Training Seminar, Tallahassee, Florida (25 participants) (2002)

American Society for Law Enforcement Training (ASLET), International Training Seminar, Anchorage, AK (100 participants) (2002)

Los Angeles County Sheriff's Department training day for 1,200 deputies, West Covina, California (2002)

The Urban Alliance on Race Relations conference, "Alternatives to the Use of Lethal Force by Police," Ontario, Canada (2000)

California Association of Police Training Officers (CAPTO), Norwalk, California; team-teach use-of-force issues with police defense attorney Michael P. Stone; and panelist with Assistant U.S. Attorney Michael Gennaco and plaintiff's attorney Stephen Yagman (160 participants) (2000) (8-hour POST certified)

American Society for Law Enforcement Training (ASLET), International Training Seminar, Richmond, VA (200 participants) (2000)

American Society for Law Enforcement Training (ASLET), Regional Use of Force Seminar, Ontario, California (50 participants) (1999)

American Society for Law Enforcement Training (ASLET), Regional Use of Force Seminar, Los Angeles, California (50 participants) (1997)

Sudden In-Custody Death Seminar (presenter and panelist), Washington State Criminal Justice Training Commission (200 participants) (1997)

California Association of Police Training Officers {CAPTO), Regional Seminar, Fresno, CA {50 participants) (1996) (8-hour POST-certified)

American Society for Law Enforcement Training (ASLEn, International Training Seminar, Grapevine, TX (100 participants) (1996)

California Association of Police Training Officers (CAPTO), Annual Seminar Bakersfield, California (80 participants) (1995)

American Society for Law Enforcement Training (ASLEn, Regional· Use of Force Seminar, Albuquerque, New Mexico (50 participants) (1995)

South East (Los Angeles County) Training Association, at the University of Southern California (80 participants) (1995) ·

American Society for Law Enforcement Training (ASLET), International Training Seminar, Anchorage, Alaska {100 participants) (1995)

Page 15


OTHER EXPERT ACTIVITIES:

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GREG MEYER

Los Angeles Sheriff's Academy, for the California Association of Force Instructors (CAFI) {35 participants) (1994)

Central Florida Criminal Justice Institute at Orlando (20 participants) (1994)

Orange County Traffic Officers' Association (75 participants) (1994)

Wisconsin Chiefs' Training Seminar {200 participants), Milwaukee (1993)

Wisconsin Department of Justice Round Table (35 chiefs and sheriffs), Osh Kosh (1992)

Americans for Effective Law Enforcement (AELE) workshop on Critical Liability Issues (100+ participants), Las Vegas (1991, 1996, 2000)

Trained and certified more than 375 T ASER instructors for dozens of law enforcement and corrections agencies, for Tasertron (1991 -1999)

State-licensed chemical spray trainer, trained hundreds of civilians { 1981)

Trained more than 20 TASER users, Inglewood Police Department {1981)

Appointed as the Law Enforcement and Policing Practices Subject Matter Expert in support of the US Department of Homeland Security Headquarters - Office for Civil Rights and Civil Liberties, to conduct independent reviews of selected use of force incidents by the Border Patrol, Secret Service, FEMA, ICE, TSA and other OHS components (June 2015 until present)

Participant, Town Hall Meeting, Police Executive Research Forum (PERF), focused on officer-involved shooting investigations, use-of-force policy and training (Phoenix, June 2015)

Expert witness and consultant on police procedure and use-of-force .issues (1989- present)

Participant, The Fidler Institute, Loyola Law School, presentations on police body-cams, line-up identifications, and grand jury processes {2015) .

Interviewed as a Subject Matter Resource on a Los Angeles Police · Department, Training Division project to integrate four California POST perishable-skills training subjects into a training course that mirrors actual field situations (2015)

Page 16


I

1

*

*

*

*

*

*

*

*

*

*

*

*

Updated 08/06/15

GREG MEYER

Provided input for the Police Executive Research Forum (PERF) conference (Washington DC, May 2015) "Re-Engineering Use-of-Force Policies, Training and Supervision"

Consultant, final draft of The Law of Self-Defense and The Use of Force in California, publication produced by Michel and Associates, PC

Participant, Internal Affairs and Discipline Seminar, presented by Americans for Effective Law Enforcement (AELE), Las Vegas (2014)

Guest on PBS "The News Hour" and NPR Radio in the wake of controversial use of force incidents)n New York and Missouri (August 2014)

Panelist, "Journalist Law School," Loyola Law School, seminar on how to fairly and accurately investigate allegations of excessive force or other misconduct, for prominent television and print media from around the country (40 participants) (May 2014)

Independent Expert Reviewer, Office of the Inspector General, Oakland (CA) Police Department, to review and report on selected OPD use of force cases during internal adjudication and testify at administrative hearings (2014)

Contributing editor, Electronic Control Weapons samples policies, LAAW International, LLC (2014)

Participant, The Fidler Institute, Loyola Law School, presentations on homicide investigations, sexual assault investigations, police misconduct investigations (2014)

. Outside Independent Expert Advisor, Long Beach (CA) Police Chief's Community Use of Force Advisory Committee (2013-2014) .

Edited article on QC (Pepper Spray) issues for Americans for Effective Law Enforcement's monthly law journal (April 2014)

Participant, Annual Sudden and In-Custody Death Conference, presented by the Institute for Prevention of In-Custody Death, Las Vegas (each November 2005-2013) ·

Participant, National Conference on Body Cameras, Police Executive Research Forum (PERF) conference, Washington DC (September 2013)

Page 17


*

*

*

*

*

*

*

*

*

*

*

Updated 08/06/15

GREG MEYER

Donor, "The Greg Meyer Taser Collection," Smithsonian National Museum of American History, a collection of artifacts and files from TASER inventor Jack Cover and my personal equipment and files (2013)

Reviewer, United States Environmental Protection Agency (EPA)/Criminal Investigation Division (CID) shooting incident (2013) Conducted independent external review for the EPA Inspector General re a shooting involving EPA/CID personnel in Florida (2013)

Consultant, California Peace Officer Standards and Training (POST), re development of their lesson plan for the officer-involved shooting investigations course (July 2012)

Reviewer, two draft National Institute of Justice reports, "Evaluation of Less Lethal Beanbag Munitions and Launchers" and "Evaluation of Taser X2," (June 2012).

Contributing editor, "Weapons Confusion and Civil Liability" article, for Monthly Law Journal of American's for Effective Law Enforcement (AELE) (May 2012)

Participant, Critical Issues in Policing Series: An Integrated Approach to De-Escalation and Minimizing Use of Force, Police Executive Research Forum (PERF) conference (Washington DC, February 2012) ·

Interviewed by Fox News 11 (Los Angeles} re the value of videotape evidence; and whether to show it to involved officers before or after interview; live television, "Studio 11 LA" (January 2012)

Participant, Use of Force, Electronic Control Devices, and InCustody Death-Formulating a Plan, South BayTraining Committee (Redondo Beach, CA, January 2012)

Participant, Use of Force Investigation and Risk Management lecture by attorney Randy Means, Labor Relations Information System (LRIS) seminar (2011)

Interviewed by Tammi Downey, producer for Discovery Channel Canada, re forthcoming documentary on electronic control weapons (2011) '

Reviewer, Oakland (CA) use-of-force incident Conducted independent external review for the chief of police re a use-offorce incident involving TASER, pepper spray, and. baton (2010)

Page 18


*

*

*

*

*

*

*

*

*

*

*

*

*

*

Updated 08/06/15

GREG MEYER

Participant, Police Executive Research Forum (PERF} meeting to revise Conducted Energy Device Guidelines and contributor to the final editing process (Philadelphia) (August 2010)

Edited Force Science News article re the Oakland BART Murder trial (2010)

Conducted internal affairs investigation for a local police agency to determine propriety of a TASER use in a street confrontation between an officer and a subject (2010)

Participant, "The Deadly Mix: 20 Years of Officer Survival Research," 8-hour class by former FBI staff who authored "In the Line of Duty," "In the Line of Fire," and "Violent Encounters" (2010)

Interviewed by Karyn MacEwan, producer for Discovery Channel, re forthcoming documentary on T ASER inventor Jack Cover (2010)


Participant, New Product Advisory Meeting, TASER International Headquarters, Scottsdale (2009)

Interviewed by Hannah Simon, PoliceOne.com, for an article relating to TASER lnternational's new guidelines for probe target areas (2009)

Interviewed by Nick Berardini, for a feature-length documentary film on TASERs (2009)

Interviewed by Bill Kidd, "Law Enforcement Management Bulletin,'' re TASER policy and training issues for law enforcement executives and supervisors (2009)

Interviewed by Chuck Remsberg, "Force Sciences News," re TASER recommendations from the Braidwood report in British Columbia (2009)

Advisor, "Research roundup: Latest on Tasers, arrest-related deaths, excited delirium," Force Science News Bulletin #127 (2009)

Co-author, "Electronic Control Weapons Model Policy," International Association of Chiefs of Police (IACP), revision published in 2010

Participant, TASER Annual Instructor Conference, including rollout of the TASER X3 model, Ft.. McDowell (AZ) (2009) .

Page.19


*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

Updated 08/06/15

GREG MEYER

External reviewer, TASER lnternational's revision of "Product Warnings: Law Enforcement" document (July, 2009)

Participant, TASER lnternational's new product line demonstration including X-REP shotgun (fired it), Shockwave, and AXON, Los Angeles Sheriff's Academy (2009)

Certified instructor, TASER X-26 (2005, 2009)

Certified instructor, TASER M-26 (2001, 2003, 2005, 2009)

Participant, TASER Executive Conference, Los Angeles Sheriffs Academy (March 2009)

Co-producer and presenter, Institute for Law Enforcement Administration (ILEA) use of force and sudden in-custody death seminar, Texas (2008)

External reviewer, TASER lnternational's revision of "Product Warnings: Law Enforcement" document (January & April 2008).

Participant, Jail and Prison Legal Issues Seminar, presented by Americans for Effective Law Enforcement, Las Vegas (2008)

Guest .. TASER Scientific and Medical Advisory Board Meeting (Las Vegas); participated in discussions of current issues (2007)

Monitored TASER user training for 60 LAPD officers at the Los Angeles Police Academy, including viewing all officers receive TASER exposures for training purposes (September 18, 2007)

Edited three articles on Electronic Control Weapons issues for Americans for Effective Law Enforcement (see www.aele.org monthly law journals for March, April and May (2007)

Peer Reviewer, US Department of Homeland Security's FY 2005 Commercial Equipment Direct Assistance Program (2006)

Interviewed by Court-TV for a half-hour program on TASERs. (2006)

Participant, International Association of Chiefs of Police (IACP) annual conference, attended use of force seminars, Boston (2006)

Reviewer, Police Executive Research Forum national survey on Officer Safety/Body Armor, sponsored by United States Department of Justice, Bureau of Justice Assistance (2006)

Page20


*

*

*

*

*

*

*

*

*

*

*

*

*

*

Updated 08/06/15

GREG MEYER

Radio talk show guest, debating Amnesty International on stun-gun issues, Station WWRL (New York) (2006)

Participant, TASER Annual Instructor Conference, Las Vegas (2006)


Consultant, TASER issues for Vista Research (2005- 2008)

Presenter and panelist on the state and future of law enforcement training, Academy of Criminal Justice Sciences (ACJS); Las Vegas (2004)

Academic Committee member, Americans for Effective Law Enforcement's "Certified Litigation Specialist" program (2002 -present)

Presented informal session, "Rafael Perez and the LAPD Rampart Corruption Game," American Society for Law Enforcement Training, Orlando (2001).

Editor, POST instructor-course proposal "Weaponless Defense. Against Contact Weapons" for Steve Tarani, Edge Defense (2000)

Panelist, "Mass Violence in America: The Law Enforcement Response," pertaining to Rapid-Response/Active Shooter tactics for situations like the Columbine school shooting and other in-progress major incidents, for the American Society for Law Enforcement Training (ASLET), Richmond, Virginia (2000).

Reviewer and editor for police attorney Michael P. Stone's article, "Lethal Force and Law Enforcement Activity-Related Deaths-A Suggested Protocol for Investigation" (1999)

Peer review panel member, National Institute of Justice, for federal grant proposals relating to the Impact of Technology on Policing, Washington, D.C. (1998)

Presenter, custody-death issues re Price v. San Diego to the California Association of Force Instructors (CAFI), Los Angeles (1998)

Co-presenter, "The Value of Videotaped Evidence," American Society for Law Enforcement Training (ASLET), Los Angeles (1997)

Presenter, causes and prevention of sudden in-custody death, to the California Association of Force Instructors (CAFI), Beverly Hills, California (1997)

21


*

*

*

*

*

Updated 08/06/15

GREG MEYER

Met with the Director, Science and Technology Division, National Institute of Justice, on concepts and issues surrounding development of improved nonlethal weapons policy and technology (1994)

Participant in the RAND Corporation's meeting on transfer of lessthan-lethal military technology to civilian law enforcement arena; and attended the House Armed Services Committee, Research and Technology Subcommittee hearing on that subject (1994)

Consultant to California Peace Officer Association, Standards and Ethics Committee on nonlethal weapons policy, tactics and training issues (1993)

Consultant to California Peace Officer Standards and Training Commission's round table on pepper spray policy and, training standards (1993)

Conducted nonlethal weapons demonstrations and presentations to the following du ring 1980-81 :

*

*

*

California Peace Officers Association, Admin Institutes

California Highway Patrol Academy, including numerous law enforcement agency and media representatives from the Sacramento area California Department of Corrections, Sacramento

California Specialized Training Institute, San Luis Obispo

Rio Hondo Police Academy, Whittier

* Redondo Beach Police Department

* · Chief of Police, Oakland

*

*

Chief of Police, San Francisco

Chief of Police, Los Angeles

Page 22


LAPD ASSIGNMENT HISTORY:

GREG MEYER

2013 - Specialist Volunteer, LAPD Training Group Consultant to the Commanding Officer, Personnel and Training Bureau, regarding police training issues; member, LAPD Tactics Training Review Committee

2006 - 2012 Reserve Officer, Los Angeles Police Department Consultant to the Chief of Police re use of force issues; consultant to the Director, Police Training and Education re training issues; expert resource for LAPD Media Relations and Professional Standards Bureau re use-of-force issues.

2004 - 2006 Captain, Training Division (Captain II)

Updated 08/06/15

Line command in partnership with one other captain, more than 300 employees assigned to the three major facilities of the Los Angeles Police Academy, including nonlethal weapons, tactics, firearms, pursuit driving, curriculum development, recruit coordination (est. 600+ recruits annually), in-service course coordination (more than 80 courses annually), e-learning development and implementation. Chairman, Tactics Training Review Committee. Manage the training of Department employees and perform a variety of administrative and coordination functions. Review/adjudicate police pursuits, use of force and internal affairs cases. Serve as chairman or associate member of numerous Boards of Rights (internal discipline tribunals to conduct de nova hearings of internal affairs cases). Speaker at supervisor, detective, leadership and other schools at the Police Academy. Work closely with the Police Commission, the Chief of Police and other high-ranking officials on use-of-force policy, training, equipment, tactics and post-incidentprocedures, including policy and training changes for use of the flashlight as an impact device, and shoot/don't shoot at moving vehicles, PIT maneuvers and spike strips. Manage the 2005 re-write of the LAPD Use of Force Sourcebook. Manage the Revolving Training Fund ($1.5 million annually). Manage the Police Academy's relationship with the College of Canyons. Manage the Police Academy's relationship with the California Peace Officers Standards and Training Commission (POST) and attend numerous POST Commission meetings. Manage the LAPD/West Point Leadership Program. Manage the LAPD Personal Protection Equipment and Weapons of Mass Destruction (PPE/WMD) training program, including liaison with the Los Angeles County Sheriff's Department and the California Specialized Training Institute (CST!). (Retired from active service May 31, 2006;

Page23


1

1999-2004

1998-1999

1996 -1998

Updated 08/06/15

GREG MEYER

Reserve Officer 2006-2012; Specialist Volunteer 2013 - 2014)

Commanding Officer, Valley Traffic Division (Captain II)

Line command of more than 200 employees assigned to enforce the traffic laws, investigate traffic collisions, conduct follow-up investigations of major injury and fatal collisions, hit/run collisions, and arrests, and educate the public about traffic collision prevention issues. Review/adjudicate police pursuits, use of force and internal affairs cases. Expert resource for LAPD on pursuit reviews. Serve as chairman or associate member of numerous Boards of Rights (internal discipline tribunals to conduct de novo hearings of internal affairs cases). Review and approve probationary officer rating

·reports. Liaise with community groups, politicians, the insurance industry, transportation engineers, surrounding police agencies, and others to reduce deaths and injuries on our highways. Deploy field forces to perform the traffic safety, enforcement and collision investigation mission in a manner that simultaneously assists patrol divisions with their crime control activities. Task Force coordinator for crime-suppression operations throughout the San Fernando Valley (2002-2004).

Commanding Officer, North Hollywood Operations Support Division (Captain I)

Line command of 95 employees assigned to detectives, vice, CRASH, bike/hype detail, career criminal apprehension, in-service training coordination, probationary officer training coordination including approval of probationary rating reports and counseling unsatisfactory probationary officers, personnel investigations, and crime analysis. Review/adjudicate pursuits, use of force, and internal affairs cases. Serve as chairman or associate member of numerous Boards of Rights (internal discipline tribunals to conduct de nova hearings of internal affairs cases). Area liaison to the North Hollywood business and security communities. Act for the Area Commanding Officer in his absence. Creator of the "Spike Busters!" crime-control program in support of the FASTRAC command-accountability process. Act for the Area commanding officer in his absence.

Watch Commander, West Traffic Division (Lieutenant)

Line supervision of 90 employees, including 10 sergeants assigned to collision investigation, traffic enforcement, community traffic services. Act for the commanding officer in his absence. Oversee implementation and effectiveness of goals and expectations for employee productivity and work quality. Review/adjudicate pursuits, use of force, and internal affairs cases. Monitor and rate the work of supervisory employees. Instrumental in development and implementation of the division's Vision and Mission Statements, and the Strategic Plan.

Page 24


1994-1996

1993 -1994

1991 - 1993

1989-1991

1988 -1989

1986 - 1988

Updated 08/06/15

GREG MEYER

Assistant Commanding Officer, Wilshire Detective Division (Lieutenant)

Line supervision of 90 employees, and coordination responsibilities for follow-up investigations including murder, manslaughter, rape, robbery, aggravated assault, burglary, auto theft, juvenile matters, and other crimes.:. Act for the commanding officer in his absence. Monitor and evaluate the work of supervisory employees. Leader of the OperationsWest Bureau Detective Mobile Field Force during emergency operations. Review/adjudicate pursuits, use of force, and internal affairs cases.

Patrol Watch Commander, Wilshire Area (Lieutenant)

Line supervision for patrol sergeants and officers responding to emergencies and handling basic calls for service. Take field command of major tactical incidents. Supervise the division's probationary officer training coordinator, approve probationary rating reports and conduct feedback and counseling to satisfactory and unsatisfactory probationary officers. Monitor and rate the work of supervisory employees. Review/adjudicate pursuits, use of force, and internal affairs cases. Act for the commanding officer in his/her absence.

Adjutant/Aide to the Commanding Officer and the Assistant Commanding Officer, Operations-Headquarters Bureau (Senior Sergeant)

Perform administrative functions (including review of internal affairs, use of force, and pursuit investigations) for the command that includes specialized detective functions, narcotics, SWAT, Metropolitan Division, Air Support Division, Tactical Planning Section, and Traffic Coordination Section.

Adjutant to the Commanding Officer, Detective Support Division (Senior Detective)

Perform administrative functions (including review of internal affairs and use of force investigations) for the command that includes Special Investigation Section, Criminal Conspiracy Section, Gang Information Section, Fugitive/Warrant Section, and Asian Crime Investigation Section.

Field Detective, Hollywood Area (Detective)

Conductfollow-up investigations on reports of crime.

Assistant Officer-in-Charge, Traffic Coordination Section (Senior Sergeant)

Line supervision for the Traffic Legislation and Special Projects Unit. Act for the officer-in-charge in his absence. Monitor and rate the work of supervisory employees. Supervised work on LAPD pursuit policy revisions. Supervised the Specialized Collision Investigation Detail (SCID) re major accidents involving the Police and Fire Departments, including pursuits.

Page 25


1985- 1986

1984-1985

1982-1984

1981 - 1982

1980 - 1981

1979 -1980

1978 -1979

1978

1977 -1978

Updated 08/06/15

GREG MEYER

Authored the Office of Operations Management Paper, "1987-The Year of Traffic Enforcement" and several articles for the Chief of Police.

Officer-in-Charge, Prostitution Enforcement Detail, Hollywood Vice (Sergeant)

Line supervision and performance evaluation for personnel assigned to suppress street prostitution in Hollywood Area.

Officer-in-Charge, Hollenbeck Footbeats; and Patrol (Sergeant)

Supervisor

Line supervision and performance evaluation for uniformed personnel assigned to footbeat patrols in several housing projects and business districts: and perfonn general patrol supervision. Officer-in-charge of field

· transportation detail in the Coliseum/USC/Exposition Park venue during the 1984 Olympic Games.

Detective Trainee, Hollywood Area (Police Officer Ill)

Conduct follow-up investigations on reports of crime (robberies, sexual assaults, auto-related crimes, burglaries and thefts). Honored as the 1983 Hollywood Detective of the Year.

Researcher, Tactical Planning Section (Police Officer Ill)

Author of LAPD's Watch Commander's Guide for Control of Disasters and Other Emergencies, as well as numerous other staff research projects. Field command post equipment driver.

Field Training Officer, Venice Area (Police Officer Ill)

Train, evaluate and document the performance of probationary police officers, respond to calls for service and conduct general patrol functions.

Staff Researcher/Adjutant, Planning and Research Division (Police Officer II and Ill)

Primary researcher and field-test coordinator, LAPD's nonlethal weapons program-including TASER, teargas sprays, other devices. Demonstrate these devices to police managers, political officials, and the media. Write LAPD policy and training material on nonlethal weapons. Train front-line supervisors as users of these devices. Author of numerous other staff projects. Perform administrative functions for the commanding officer.

Patrol Officer, Southwest Area (Police Officer I and II)

Respond to calls for service and conduct general patrol functions.

Recruit Officer ( Police Officer I)

Patrol Officer, Long Beach Police Department (Police Officer)

Respond to calls for service and conduct genera! patrol functions.

Page26


1976-1977

PARTIAL BIBLIOGRAPHY:

Updated 08/06/15

GREG MEYER

Reserve Police Officer, Wilshire Area (Line Reserve Officer)

Respond to calls for service and conduct general patrol functions.

REDACTED TO SHOW PUBLICATIONS PAST 4 YEARS, PER RULE 26

"Body Cameras -Keep It Real/' guest editorial, POLICE magazine (June 2015)

"Drafting Your Agency's Body-Worn Camera Policy," lead article, POLICE magazine body-camera supplement (June 2015)

"Unarmed Suspects and 'Un-brained Media," guest editorial, POLICE magazine (October 2014)

"Tactics and science of TASER deployment," article, PoliceOne.com (January 2014)

"Lessons from the Onion Field," article, POLICE Magazine online (March 2013)

"Latest Medical Research on TASERs," article, PoliceOne.com (October 2012)

"Video Evidence Issues: Conflict and Controversy," article, PoliceOne.com (June 2012)

"The L.A. Riot-20 Years Later,'' article, POLICE website (April 2012)

"Training Crisis," editorial, ghost-written for the publisher, POLICE magazine (April 2012}

"TASER Drive-Stun Heading to US Supreme Court?" article, PoliceOne.com (February 2012) ·

"The 'Occupy' Movement and Your Agency Response," article, POLICE website (December 2011) and magazine (January 2012}

"TASER ECW Basics," article, PoliceOne.com (November 2011)

"Tactical Challenge: Suicidal Person with a Knife," article, PoliceOne.com, (June 2011)

"PERF Updates Its Electronic Control Weapons Guidelines," article, PoliceOne.com (April 2011)

"Rodney King: 20 Years Later,'' article, PoliceOrie.com (March 2011)

Page 27


Updated 08/06/15

GREG MEYER

"Two Major TASER Cases on Appeal at the gth Circuit," article, PoliceOne.com (January 2011)

"Analysis of the BART Cop's 2-Year Prison Sentence," article, PoliceOne.com (November 2010)

"The BART Shooting Tragedy: Lessons to be Learned," article, PoliceOne.com (July 2010)

"Getting It Off My Chest: TASER's New Aiming Guidelines," article, PoliceOne.com (Oct. 2009)

"Why History Makes the Case for Less Lethal," article, PoliceOne.com (Sep. 2009)

"The AMA Takes on TASER Tactics," article, PoliceOne.com (Aug. 2009)

"The UCLA Library Incident-Revisited," article, PoliceOne.com (Jun. 2009)

"Emergency Room Doctor Survey re Police 'Excessive Force' .•• Ouchi" article, PoliceOne.com (Apr. 2009)

"Conducted Energy Weapons: A User's Perspective," chapter for TASER® Electronic Control Devices: Physiology, Pathology, and Law, in collaboration with numerous doctors and medical examiners, a 32-chapter book (published by Springer, Mar. 2009) ******

"TASER Inventor Jack Cover, Rest in Peace," article, PoliceOne.com (Mar. 2009)

"The Latest Amnesty International Report on Electronic Weapons, article, PoliceOne.com (Dec. 2008)

"Another. Federal Court Supports Officers in TASER Lawsuit," article, PoliceOne.com (Oct. 2008)

"TASER Incidents in the News," article, PoliceOne.com (Sept. 2008)

"Telling Your Story," article, PoliceOne.com (August 2008)

"A Checklist to Enhance Your Nonlethal Weapons Program,'' journal article, California Peace Officer, (Fall 2008) ·

"Nonlethal Weapons: The Promise and the Challenge," journal article, Law Enforcement Executive Forum (July 2008)

Page28


Updated 08/06/15

GREG MEYER

"Little Words, Big Consequences," article, PoliceOne.com (June 2008)

"Court Backs TASER Use," article, PoliceOne.com (April 2008)

"Taking on the Media," article, PoliceOne.com (February 2008)

"Tons ofTASER News," article, PoliceOne.com.(October 2007)

"TASER Tactics, Training Injuries, and the Kitchen Sink," article, PoliceOne.com (August 2007)

"Do Away with the Anyways," article, PoliceOne.com (June 2007)

"They're Still Out There," article, PoliceOne.com (April 2007)

"One-on-One, in the Backyard," article, PoliceOne.com (Feb. 2007)

"The Gap: How Loss of the Neck Restraints Led to the Rodney King Incident," article, PoliceOne.com (January 2007)

"Rodney King Revisited," article, PoliceOne.com (December 2006)

"Police Force, in Color,'' article, published on the LAPD website blog (mentioned by the Los Angeles Times 11-14-06), also published under various titles by PoliceOne:com, American Police Beat, and The Beat (LAPD) (November-December 2006)

"TASER Tactics Update,'' article, PoliceOne.com (October 2006)

"Caught on Tape ... Nice Save!" article, PoliceOne.com (September 2006)

"Resources for Sudden In-Custody Deaths," article, PoliceOne.com (August 2006}

"Tactical Hindsight: Tactics and equipment have improved in the last 30 years, but the Job of law enforcement remains the same," article, POLICE magazine's 301 anniversary issue (October 2006} . ·

"Horsing Around and Weapons Retention," article, PoliceOne.com (July 2006}

"Hands-on versus Nonlethal Weapons,'' article, PoliceOne.com (June 2006)

"Nonlethal Weapons: Early use means fewer deaths and injuries," article, PoliceOne.com (May 2006)

"Nonlethal or Less-Lethal: Does it matter?" article, PoliceOne.com (April 2006)

"Nonlethal Weapons: What's Up?" article, PoliceOne.com (March 2006)

Page29


I

*

GREG MEYER

Interviewed by local and national media (1980 - present):

o Time o Police Chief (IACP) o Los Angeles Times o Los Angeles Herald Examiner o Los Angeles Daily News o Good Housekeeping o Aspen Daily News o The Mountain Enterprise o FOX News (Tampa, FL) o San Francisco Chronicle o Austin American-Statesman o Police & Security News o Law Enforcement Management Bulletin o Nick Berardini (documentary on TASERs)

o PoliceOne.com o . KNBC-TV, KABC-TV, KCBS-TV, o KTLA-TV, KTTV-TV o The Capital (Anne Arundel, MD) o WNYC Radio (New York) o Slate o Discovery Channel Canada o KLAS-TV Channel 8 (Las Vegas) o The Daily (N.ew York) o Tampa Bay Times o Columbus (GA) Ledger-Enquirer o Salt Lake Tribune ci Baltimore Sun o The Daily Breeze (CA) o Tallahassee Democrat o The Today Show (NBC) o The News Hour (PBS) o Hawaiian News Now

* US News & World Report * Longview News-Journal (TX) * Fox News 11, "Studio 11 LA" *Associated Press (AP) * Money Magazine *Grand Junction (CO) Sentinel * Miami Daily Business Review *Court-TV * POLICE Magazine (multiple occasions) * National Public Radio (NPR) * Charlotte (NC) Observer *Force Science News (multiple occasions) * Long Beach (CA) Register *RT.com * Discovery Channel *Kansas City Star * Las Vegas Sun Times * Oakland Tribune * San Francisco Examiner * Las Vegas Review Journal * St. Petersburg Times * Acadiana Advocate * KPCC Public Radio

Updated 08/06/15 Page 30


LITIGATION ACTIVITIES: CASES: 245

GREG MEYER

DEPOSED: 48 TESTIFIED: 44

* Shooting ARD** Excessive TASER False Pursuit Jail/Prison Other Force Arrest

CIVIL For Pitt 6 12 6- 2 1 8 For Deft 37 23 142 80 31 10 12 22

CRIMINAL For Pros 2 1 6 4 For Deft 3 8 5 1 ADMIN For Dept 5 3 For Ofer 1 4 4 1

Grand Jurv 1 TOTAL 50 24 177 102 33 10 13 32

* Numerous cases involved multiple issues **ARD = arrest-related death, non-shooting

Engagements for and against law enforcement officers*

Criminal For Against** Retained 5 7 Deoosed 1 Testified 4 5

Civil For Against*** Retained 176 20 Deposed 35 4 Testified 20 4

Ad mini Arbitrations For Against Retained 7 6 Testified 3 4

Total For Against Retained 188 33 Deoosed 35 5 Testified 27 13

* Cases where I was subpoenaed as a reluctant witness, and cases that were not patticularly for or against a law enforcement officer or their agency, are omitted

** 2 criminal cases omitted; testified in criminal courl for civilian defendants and against police criminal investigation deficiencies; the officers were not on trial

***These include 5 officer-involved shootings; 5 non-shooting excessive force cases; 2 false arrest cases; 4 training injury cases; and 2 probationary termination cases



GREG MEYER

REDACTED TO SHOW TESTIMONY PAST 4 YEARS, PER RULE 26

Oakland Police Officer 0 Arbitration (CA) (2015) Expert witness for the police department; appeal of discipline regarding excessive force, T ASER issues (Testified)

West v. United States (AZ) (2015) (Federal) Expert witness for the defense (USA and City of Mesa), civil suit arising out of alleged wrongful conviction for armed robbery (Deposed)

Jacobo v. City of Phoenix (2015) (Federal) Expert witness for the defense, civil suit arising out of search and seizure and false arrest issues (Deposed)

Oakland Police Officer N Arbitration (CA) (2014) Expert witness for the police department; appeal of discipline regarding excessive force, TASER issues (Testified)

Rezek v. City of Tustin (CA) (2014) (Federal) Expert witness for the defense, civil suit alleging false arrest, excessive force (Testified)

Fowlerv. State of California (CA) (2013) (Federal) Expert witness for the defense, civil suit alleging excessive force during a DUI arrest (Testified.) ·

Atencio v. Arpaio, et al. (AZ) (2013) (Federal) Expert witness for the defense (City of Phoenix defendants), civil suit excessive force, arrest-related death, TASER issues (Deposed)

U.S. v. Colorado City (AZ) and Hildale (UT) (2013) (Federal) Expert witness for the defense, civil suit alleging discriminatory enforcement practices by a police agency (Deposed)

Tatro v City of Paso. Robles (CA) (2013) Expert witness for the defense, !=ivil suit alleging employee harassment, retaliation, imposition traffic citation quotas by a police agency (Deposed)

Shirar v. State of California (CHP) (CA) (2013) Expert witness for the defense, civil suit alleging excessive force, fatal officerinvolved shooting (Deposed)

Bieg v. City of Springfield (MO) (2013) (Federal) Expert witness for the defense, civil suit alleging excessive force, TASER involved (Deposed)

Hardy v. City of Chicago (IL) (2013) (Federal) Expert witness for the defense, civil suit alleging excessive force, TASER involved (Deposed)

Cadena v. City of Tustin (CA) (2013) (Federal)

Updated 08/06/15

Expert witness for the defense, civil suit alleging excessive force during arrest for outstanding warrants (MSJ granted)

Page 32


GREG MEYER

Gonzales-Guerrero v. City of San Jose (CA) (2013) (Federal) Expert witness for the defense, civil suit alleging excessive force, nonfatal officerinvolved shooting (Deposed)

Coto and Molina v. County of Los Angeles (CA) (2012) (Federal) Expert witness for the defense, civil suit alleging excessive force resulting in arrest-related death, TASER involved (Deposed; settled)

Sparks and Murr Administrative Appeal (CO) (2012) Expert witness for the City of Denver, administrative appeal of discipline imposed, excessive force (Testified)

Tapia v. Skarupinski (IL) (2012) (Federal) Expert witness for the defense, civil suit alleging excessive force during arrest, T ASER issues (Deposed)

Travis County Grand Jury (TX) (2012) Testified before Grand Jury members on officer-involved shooting policy, training, tactics, and force-science issues while it reviewed a fatal officer-involved shooting case (February 2012)

Bravo v. City of Santa Maria (CA) (2012) (Federal) Expert witness for the defense, civil suit alleging deficiencies in a search warrant (Deposed)

Moore v. Desert Hot Springs Police Department (CA) (2011) Expert witness for the plaintiff and the defense: civil case involving police pepperspray use and excessive force; my role was merely to explain pepper-spray basics to the jury. (Testified.)

United States v. Sclafani (CA) (2011) Expert witness for the prosecution and the defense, criminal case involving police TASER use and excessive force; demonstrated TASER to the jury. (Testified.)

Wasilchen v. Snohomish County (WA) (2011) (Federal) Expert witness for the defense, civil suit alleging wrongful death arising out of a fatal officer-involved shooting (Deposed)

F.C. v. City of Phoenix (AZ) (2011) (Federal) Expert witness for the defense, civil suit alleging excessive force, nonfatal officer-involved shooting (Deposed.)

Pixley v. Tavallodi (CA) (2011) Expert consultant for the defense, civil suit alleging wrongful death, fatal security-officer-involved shooting (Deposed; testified)

Madrigal v. City of Santa Maria and County of Santa Barbara (CA) (2011) (Federal) Expert witness for the defense of the city and the county, civil case alleging excessive force and false arrest by personnel from both agencies. (Testified.)



GREG MEYER

Rehkow v. City of Phoenix (AZ) (2011) (Federal) Expert witness for the defense, civil suit alleging malicious prosecution and civil rights violations stemming from alleged false arrest and perjury by a police detective (Deposed) ·

Guizan v. Town of Easton (CT) (2011) (Federal} . Expert witness for the defense of a police chief, captain, and officer, civil suit alleging deficiencies in a search warrant; and excessive force regarding management decision-making during a multi-agency crisis entry with flash-bangs deployed, fatal officer-involved shooting (Deposed}

Macintosh v. County of Ventura (CA} (2010) (Federal) Expert witness for the defense, civil suit alleging excessive force during arrest (Deposed)

Deputy Dobbins admin appeal (WA) (2,010) Expert witness for the officer in an administrative hearing related to discipline resulting from a TASER weapons-confusion incident. (Testified)

Shreve v. Franklin County (OH) (2010) (Federal). Expert witness for the defense, civil suit arising out of TASER uses in the jail, multiple plaintiffs (Deposed twice)

Remato v. City of Phoenix (AZ) (2010} (Federal) Expert witness for the defense, civil suit arising out of a fatal officerinvolved shooting (Testified)

Arambula v. City of Phoenix (AZ) (2010) (Federal) Expert witness for the defense, civil suit arising out of a nonfatal officerinvolved shooting (Deposed)

Oakes v. DeKalb County (GA) (2010) (Federal) Expert witness for the defense, civil suit arising out of a fatal officerinvolved shooting (Deposed)

Salinas v. City of San Jose (CA) (2010) (Federal) Expert witness for the defense, civil suit arising out of an arrest-related death, TASER issues (Testified)

Wozniak v. State of Arizona, City of Glendale, et al (AZ) (2010) Expert witness for the defense, civil suit arising out of an excessive force claim, T ASER issues (Deposed)

People v. Hanafi and Liggins (CA) (2010) Expert witness for the defense on the issue of an alleged assault by use of a stun-gun (Testified)

Williams v. City of Mesa (AZ) (2010) (Federal) Expert witness for the defense, civil suit alleging excessive force (Deposed)

Vasquez v. City of Santa Paula (CA) (2010) (Federal}

Updated 08/06/15

Expert witness for the defense, civil suit alleging excessive force, T ASER issues (Testified)

Page 34


Case Name: No.:

I declare:

DECLARATION OF SERVICE BY U.S. MAIL

Eberhard v. California Highway Patrol, et al. CV 14-01910 JD

I am employed in the Office of the Attorney·General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business.

On September 30, 2015, I served the attached DISCLOSURE OF EXPERT WITNESSES BY DEFENDANTS CALIFORNIA HIGHWAY PATROL, DABBS, REYNOLDS, BABCOCK AND EPPERSON by placing a true copy thereof enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney General at 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004, addressed as follows:

Duffy Carolan, Esq. J assy Vick Carolan LLP 400 Montgomery Street, Suite 200 San Francisco, CA 94104

Ankush Agarwal, Esq. California Department of Transportation Legal Department 111 Grand A venue, Suite 11-100 Oakland, CA 94612

I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on September 30, 2015, at San Francisco, California.

SF2014407903

41384236 .. doc

B. Zuniga Declarant


EXHIBIT 2


·1· · · · · · · · · UNITED STATES DISTRICT COURT

·2· · · · · · · · NORTHERN DISTRICT OF CALIFORNIA

·3· · · · · · · · · · ·SAN FRANCISCO DIVISION

·4· · · · · · · · · · · · · ·---oOo---

·5· ·STEPHEN ERNEST EBERHARD,· · · · · · · · )· · · · · · · · · · · · · · · · · · · · · · ·)·6· · · · · · ·Plaintiff,· · · · · · · · · · )· · · · · · · · · · · · · · · · · · · · · · ·)·7· ·vs.· · · · · · · · · · · · · · · · · · ·) Case No.· · · · · · · · · · · · · · · · · · · · · · ·) 14-cv-01910-JD·8· ·CALIFORNIA HIGHWAY PATROL, CALIFORNIA· ·)· · ·DEPARTMENT OF TRANSPORTATION,· · · · · ·)·9· ·CALIFORNIA HIGHWAY PATROL OFFICER· · · ·)· · ·CHRISTOPHER W. DABBS, CALIFORNIA· · · · )10· ·HIGHWAY PATROL OFFICER KORY A. REYNOLDS,)· · ·CALIFORNIA HIGHWAY PATROL OFFICER TEDDY )11· ·M. BABCOCK, CALIFORNIA HIGHWAY PATROL· ·)· · ·CAPTAIN JAMES T. EPPERSON, CALIFORNIA· ·)12· ·HIGHWAY PATROL CHIEF BRIDGET T. LOTT,· ·)· · ·CALIFORNIA DEPARTMENT OF TRANSPORTATION )13· ·DISTRICT 1 DIRECTOR CHARLIE FIELDER,· · )· · ·and DOES 1-25,· · · · · · · · · · · · · )14· · · · · · · · · · · · · · · · · · · · · ·)· · · · · · · ·Defendants.· · · · · · · · · ·)15· ·________________________________________)

16

17

18· · · · · · · · · ·DEPOSITION OF GREG MEYER

19· · · · · · · · · · · ·November 11, 2015

20

21· · · · · ·Taken before JANE GROSSMAN, CSR No. 5225

22· · · · · · · · ·JANE GROSSMAN REPORTING SERVICES23· · · · · · · · ·Certified Shorthand Reporters· · · · · · · · · 1939 Harrison Street, Suite 46024· · · · · · · · · ·Oakland, California 94612· · · · · · · · · · · · · ·510.444.450025· · · · · · · · · ·www.grossmanreporting.com


·1· · · · · · · · · · · · · ·I N D E X

·2· ·DEPOSITION OF GREG MEYER

·3· ·WEDNESDAY, NOVEMBER 11, 2015

·4· · · · · · · · · · · · · · · · · · · · · · · · · · · PAGE

·5· ·MORNING SESSION· · · · · · · · · · · · · · · · · · · ·7

·6· ·AFTERNOON SESSION· · · · · · · · · · · · · · · · · · 84

·7· ·EXAMINATION BY:· · ·MR. KAUFMAN· · · · · · ·7, 138, 143

·8· · · · · · · · · · · ·MR. AGARWAL· · · · · · · · · · ·137

·9· · · · · · · · · · · ·MR. GOWER· · · · · · · · · · · ·139

10· · · · · · · · · · · · · ·---oOo---

11· · · · · · · · · · · · E X H I B I T S

12· · · · · ·DEPOSITION EXHIBITS MARKED FOR IDENTIFICATION

13· ·EXHIBIT NO.· ·DESCRIPTION· · · · · · · · · · · · · PAGE

14· ·** Per stipulation, the original was returned· · · · to Mr. Gower, and a copy was used for the15· · · deposition transcript

16· ·Exhibit 100· ·Multipage document entitled· · · · · · 11· · · · · · · · · ·"PLAINTIFF STEPHEN ERNEST17· · · · · · · · ·EBERHARD'S NOTICE OF DEPOSITIONS· · · · · · · · · ·OF MELANIE COLLINS AND MATT18· · · · · · · · ·MCKEON" (No Bates numbers)

19· ·Exhibit 101· ·Multipage document entitled· · · · · · 12· · · · · · · · · ·"EXPERT WITNESS REPORT BY DEFENSE20· · · · · · · · ·EXPERT GREG MEYER, September 29,· · · · · · · · · ·2015" (No Bates numbers)21· · ·Exhibit 102· ·One-page document designated· · · · · ·1322· · · · · · · · ·"Eberhard v. California Highway· · · · · · · · · ·Patrol, Defense Expert Greg23· · · · · · · · ·Meyer's Report," dated as signed· · · · · · · · · ·September 29, 2015, signed "Greg24· · · · · · · · ·Meyer" (No Bates number)

25


·1· · · · · · · · · · · · ·E X H I B I T S

·2· · · · · · · · · · · · · (Continued)

·3· ·EXHIBIT NO.· ·DESCRIPTION· · · · · · · · · · · · · PAGE

·4· ·Exhibit 103· ·Multipage packet of excerpts en-· · · ·15· · · · · · · · · ·titled on the first page "Basic·5· · · · · · · · ·Course Workbook Series, Student· · · · · · · · · ·Materials, Learning Domain 15,·6· · · · · · · · ·Laws of Arrest, Version 4.5"· · · · · · · · · ·(No Bates numbers)·7· · ·Exhibit 104· ·Three-page packet of excerpts· · · · · 15·8· · · · · · · · ·entitled on the first page· · · · · · · · · ·"Basic Course Workbook Series,·9· · · · · · · · ·Student Materials, Learning· · · · · · · · · ·Domain 24, Handling Disputes/10· · · · · · · · ·Crowd Control, Version 3.1"· · · · · · · · · ·(No Bates numbers)11· · ·Exhibit 105· ·Multipage packet of excerpts· · · · · ·1512· · · · · · · · ·entitled on the first page· · · · · · · · · ·"Basic Course Workbook Series,13· · · · · · · · ·Student Materials, Learning· · · · · · · · · ·Domain 20, Use of Force,14· · · · · · · · ·Version 3.1" (No Bates numbers)

15· ·Exhibit 106· ·Multipage document entitled· · · · · · 15· · · · · · · · · ·"GREG MEYER, CURRICULUM VITAE,"16· · · · · · · · ·dated as updated 08/06/15· · · · · · · · · ·(No Bates numbers)17· · ·Exhibit 107· ·Multipage document entitled· · · · · · 1618· · · · · · · · ·"GREG MEYER, CURRICULUM VITAE,"· · · · · · · · · ·dated as updated 11/10/1519· · · · · · · · ·(No Bates numbers)

20· ·Exhibit 108· ·Two-page document entitled "DIS-· · · ·50· · · · · · · · · ·CLOSURE OF EXPERT WITNESSES BY21· · · · · · · · ·DEFENDANTS CALIFORNIA HIGHWAY· · · · · · · · · ·PATROL, DABBS, REYNOLDS, BABCOCK22· · · · · · · · ·AND EPPERSON" (No Bates numbers)

23· ·Exhibit 109· ·One-page document entitled· · · · · · ·67· · · · · · · · · ·"MENDOCINO COUNTY JAIL, PRE-24· · · · · · · · ·BOOKING RECORD," with handwritten· · · · · · · · · ·entries, dated as signed 7/23/1325· · · · · · · · ·(CHP002942)


·1· · · · · · · · · · · · ·E X H I B I T S

·2· · · · · · · · · · · · · (Continued)

·3· ·EXHIBIT NO.· ·DESCRIPTION· · · · · · · · · · · · · PAGE

·4· ·Exhibit 110· ·Multipage document entitled· · · · · · 88· · · · · · · · · ·"ARREST - INVESTIGATION REPORT,"·5· · · · · · · · ·dated as signed 7/29/13· · · · · · · · · ·(No Bates numbers)·6· · ·Exhibit 111· ·** Multipage packet of notes and· · · 148·7· · · · · · · · ·other writings (No Bates numbers)

·8· ·Exhibit 112· ·** Six CDS, labeled respectively· · · 149· · · · · · · · · ·"Meyer 1," "Meyer 2," "Meyer 3,"·9· · · · · · · · ·"Meyer 4," "Meyer 5," and "Meyer 6"

10· · · · · · · · · · · · · ·---oOo---

11· · · · · · · Proceedings Commenced:· 10:07 a.m.

12· · · · · · · · · · · · · ·RECESSES

13· · · · · · · · · 11:26 a.m. until 11:41 a.m.

14· · · · ·Luncheon Recess:· 12:19 p.m. until 12:43 p.m.

15· · · · · · · · · ·1:26 p.m. until 1:35 p.m.

16· · · · · · · · · ·2:06 p.m. until 2:15 p.m.

17· · · · · · · ·Proceedings Concluded:· 2:36 p.m.

18· · · · · · · · · · · · · ·---oOo---

19

20

21

22

23

24

25


·1· · · · · · · · · ·DEPOSITION OF GREG MEYER

·2

·3· · · · · · ·BE IT REMEMBERED that, pursuant to Notice

·4· ·of Taking Deposition, and on Wednesday, November 11,

·5· ·2015, commencing at the hour of 10:07 a.m., at the Law

·6· ·Offices of JASSY VICK CAROLAN LLP, 400 Montgomery

·7· ·Street, Suite 200, San Francisco, California 94104,

·8· ·before me, JANE GROSSMAN, a Certified Shorthand

·9· ·Reporter of the State of California, personally

10· ·appeared GREG MEYER, produced as a witness in said

11· ·action, who, being by me first duly sworn, was

12· ·thereupon examined as a witness in said cause.

13· · · · · · · · · · · · · ·---oOo---

14

15

16

17

18

19

20

21

22

23

24

25


·1· ·the two different levels of access that I was talking

·2· ·about?

·3· · · · A.· ·No, I'm not aware that they would have had

·4· ·anything different than that.

·5· · · · · · ·But I'm also not aware without looking it

·6· ·up -- which I could in a minute, if you want -- to prove

·7· ·that they did, either by looking at their training

·8· ·records or easier would be to just look at the list of

·9· ·POST learning domains to see if there is a "Media

10· ·Relations" block on there.· I don't recall if there is

11· ·or isn't.

12· · · · Q.· ·Sure.· I actually -- I appreciate the offer,

13· ·but I'm going to take it -- take you and your opinions

14· ·as they sit here without any further work.

15· · · · A.· ·Sure.· Fine.

16· · · · Q.· ·Now, with regard to your professional

17· ·activities, you have a significant amount of experience

18· ·in teaching, don't you?

19· · · · A.· ·Yes.

20· · · · Q.· ·And in the review of the teaching and the

21· ·seminars that you've given, would you agree with me

22· ·that the vast majority of the subjects involve, like we

23· ·discussed earlier, this concept of use of force, use of

24· ·less-than-lethal applications of force to control

25· ·members of the public?


·1· · · · A.· ·Right.

·2· · · · · · ·I mean, my specialty is lethal and non-lethal

·3· ·force.· And most of my writings and most of my lecturing

·4· ·is on that subject.

·5· · · · Q.· ·Have you written or lectured on any subject

·6· ·relating to the relationship between police officers and

·7· ·members of the press?

·8· · · · A.· ·Oh, I'm sure some of my articles -- I know

·9· ·some of my articles have touched on that subject.

10· · · · Q.· ·Okay.· Are there any particular articles that

11· ·you recall that touched on that subject?

12· · · · A.· ·Sure.

13· · · · · · ·Let me be accurate, and I'll look at them.

14· · · · Q.· ·Sure.

15· · · · A.· ·I'll look at the list of them and pick out the

16· ·ones that seem relevant.

17· · · · · · ·MR. GOWER:· Why don't you look at No. 107?

18· ·That should have it.

19· · · · · · ·THE WITNESS:· Oh, yes.· Thank you.

20· · · · · · ·MR. KAUFMAN:· You know, while he's looking,

21· ·was there another copy of 107?

22· · · · · · ·I think I may have given you my copy.

23· · · · · · ·MR. GOWER:· Yes (tendering.)

24· · · · · · ·MR. KAUFMAN:· Thank you.

25· · · · · · ·THE WITNESS:· Okay.· So, on -- starting on


·1· ·page 27 of Exhibit 107, just from memory, the third

·2· ·article down, "Body Cameras - Keep It Real," refers to

·3· ·media.

·4· · · · · · ·"Digital Video:· Working Under the Microscope"

·5· ·refers to media.

·6· · · · · · ·The editorial, "Unarmed Suspects and

·7· ·'Un-brained Media" (sic), overtly refers to media.

·8· · · · · · ·"Video Evidence Issues:· Conflict and

·9· ·Controversy" I am sure refers to the media.

10· · · · · · ·"Telling Your Story," at the bottom of

11· ·page 28, refers to media.

12· · · · · · ·"Taking on the Media" in the top third of

13· ·page 29 certainly refers to the media.

14· · · · · · ·On the bottom half of page 29, "Police Force,

15· ·in Color" might refer to the media.

16· · · · · · ·So, that would be the list that comes to mind

17· ·that has references to media or handling media in it.

18· · · · · · ·MR. KAUFMAN:· Q.· Are you relying on any of

19· ·those publications as all or part of the basis for any

20· ·of your opinions that you are going to present in this

21· ·matter?

22· · · · A.· ·No, I don't think so.

23· · · · Q.· ·Now, at -- any of the publications that you

24· ·just mentioned, do any of them have to do with media --

25· ·I guess the intersection of media and trespass?


·1· · · · A.· ·I wouldn't think so.· Just off the top of my

·2· ·head, that doesn't sound like a subject I would have

·3· ·broached in any of those articles.· But, you know, don't

·4· ·-- don't pin me down.· There may be some little

·5· ·intersection in there somewhere I'm not thinking of from

·6· ·years ago.

·7· · · · Q.· ·In any event, it wouldn't be a major portion

·8· ·of any of those publications you just mentioned?

·9· · · · A.· ·No -- I mean, yes, it would not.

10· · · · Q.· ·Thank you.

11· · · · · · ·That's a problem (sic).

12· · · · · · ·Now, what about -- this is a similar question:

13· ·Do any of your publications have -- address dealing with

14· ·protesters in trespass?

15· · · · A.· ·I would say, no, nothing comes to mind.

16· · · · Q.· ·I have the same question about your teaching

17· ·and your speaking events, which are numerous.

18· · · · · · ·Do any of your teaching and speaking events --

19· ·do they have to do with the press and whether or not

20· ·they're trespassing?

21· · · · A.· ·No, I wouldn't think so.

22· · · · Q.· ·Now, what about any of your teaching and

23· ·speaking events?· Do they have to do with anything

24· ·related to protesters and trespass?

25· · · · A.· ·On one of those pages, there's a -- the


·1· ·headline reminds me that I wrote an article having to do

·2· ·with something with the -- the Occupy Movement a few

·3· ·years ago.

·4· · · · · · ·So, arguably, yes.· But I'd have to look at

·5· ·the article to be more specific to answer that.· And I

·6· ·could if you like.

·7· · · · Q.· ·Why don't you show me that article, if you're

·8· ·able?

·9· · · · A.· ·You mean the Occupy article?

10· · · · Q.· ·I'm sorry.· I misspoke.

11· · · · · · ·Can you show me the reference in your CV to

12· ·that article?

13· · · · A.· ·Oh, sure.

14· · · · Q.· ·I don't need the actual article.

15· · · · A.· ·I guess we're saying I didn't mention it

16· ·earlier when I was going through the list, but -- there

17· ·you go.

18· · · · · · ·At the bottom -- near the bottom of page 27,

19· ·it's "The 'Occupy' Movement and Your Agency Response."

20· ·That one may have had something to do with trespassing

21· ·or crowd control or something of that nature.

22· · · · Q.· ·Okay.

23· · · · A.· ·I just have to look it up to be more specific.

24· ·It's not in my immediate memory.

25· · · · Q.· ·Sure.· Now, earlier you mentioned several


·1· · · · Q.· ·Okay.· What about with regard to, as I coined

·2· ·it earlier, the intersection between members of the

·3· ·press and trespass?· Have you taken any education

·4· ·outside of your rank-related education regarding that

·5· ·intersection of members of the press and --

·6· · · · A.· ·Yes.

·7· · · · Q.· ·-- trespass?

·8· · · · A.· ·Again, there -- I -- I recall at least one

·9· ·and probably more than one -- maybe two or three over

10· ·the years -- separate one-day trainings that were not

11· ·rank-related having to do with media relations,

12· ·interacting with the media, the access and issues, as

13· ·well as the information-sharing issues, and role-playing

14· ·in front of the camera, and all that stuff.

15· · · · · · ·That was a long time ago, and I'm getting old.

16· · · · Q.· ·When you were a police officer and in a

17· ·position to interact with members of the press out in

18· ·the field, did you ever arrest any members of the press

19· ·for trespass?

20· · · · A.· ·No.

21· · · · Q.· ·In that same context, when you were a police

22· ·officer out in the field, did you ever cite any members

23· ·of the press for trespass?

24· · · · A.· ·No.

25· · · · Q.· ·The same concept:· When you were out in the


·1· ·AFTERNOON SESSION· · · · · · · · · · · · · · ·12:43 P.M.

·2· · · · · · · · · · ·P R O C E E D I N G S

·3· · · · · · ·MR. GOWER:· On the record.

·4· · · · · · ·Before we get started, a while ago I -- I

·5· ·said that this witness was not going to offer an opinion

·6· ·that the conduct of the officers was non-threatening and

·7· ·non-intimidating.

·8· · · · · · ·I've changed my mind about that.· I may ask

·9· ·him if he considers that conduct threatening and

10· ·intimidating.

11· · · · · · ·So, if you wish to examine him on those

12· ·points, please feel free to do so.

13· · · · · · ·MR. KAUFMAN:· Okay.

14· · · · · · · · · · · · · ·---oOo---

15· · · · · · ·EXAMINATION BY MR. KAUFMAN (Resumed)

16· · · · · · ·MR. KAUFMAN:· Q.· Did you and Mr. Gower

17· ·discuss the concept of your testimony at trial,

18· ·including intimidation or whether or not the conduct

19· ·was threatening, during our break just now?

20· · · · A.· ·No.

21· · · · Q.· ·Is that the first time that you've heard that

22· ·you may be asked at trial about those concepts?

23· · · · A.· ·Yes.· But I'm never surprised about being

24· ·asked about things.

25· · · · Q.· ·Okay.· Please, sir, grab your opinions again


·1· · · · · · ·MR. KAUFMAN:· Q.· Okay.· Back on the record.

·2· · · · · · ·Let's move to Opinion 8, sir.

·3· · · · · · ·This is an opinion that says that you don't

·4· ·see evidence that Plaintiff was singled out for special,

·5· ·unusual, or disparate treatment by CHP Officers Dabbs

·6· ·and Reynolds.

·7· · · · · · ·Do you see that there?

·8· · · · A.· ·Yes.

·9· · · · Q.· ·I just have a question about the wording of

10· ·your opinion.

11· · · · · · ·Is it your opinion that Eberhard was not

12· ·targeted or singled out?

13· · · · · · ·Because the way it's worded here, that it

14· ·just says that you don't see evidence of it, I want to

15· ·make sure that we're talking about an opinion here that

16· ·you intend to present at trial that he was not singled

17· ·out.

18· · · · · · ·Is that your intended opinion?

19· · · · A.· ·I don't see the evidence that he was.

20· · · · · · ·I can't get into the heads of officers present

21· ·or -- or -- or anybody else, and I'm not sure that the

22· ·law gets into their heads either.

23· · · · · · ·My opinion is what it is.

24· · · · · · ·I mean, if I -- if I saw evidence that he was,

25· ·I would say so.· But I don't see it.


·1· ·restricted areas?

·2· · · · A.· ·That's my recollection, but I can't be more

·3· ·specific without looking at another piece of paper.

·4· · · · Q.· ·Are you aware of whether or not Caltrans had

·5· ·a similar agreement with anybody else regarding

·6· ·allowing the use of an escort to enter the restricted

·7· ·area?

·8· · · · A.· ·I have no memory of that.· They might have.

·9· · · · Q.· ·Moving to the last paragraph of Opinion No. 8,

10· ·I'm going to read it into the record.

11· · · · · · ·"Plaintiff Eberhard was warned of his

12· · · · · · ·illegal behavior over and over, by a

13· · · · · · ·variety of CHP and CALTRANS personnel, yet

14· · · · · · ·he persisted in breaking the law.· It is

15· · · · · · ·disingenuous for Plaintiff Eberhard to

16· · · · · · ·assert that he was 'singled out.'"

17· · · · · · ·The word "disingenuous" means lying; correct?

18· · · · A.· ·It means insincere; it means -- it means

19· ·trying to -- trying to have it your way in the face of

20· ·reality.

21· · · · Q.· ·This is a credibility analysis of what you

22· ·believe Plaintiff Eberhard's claim was regarding that he

23· ·was singled out; right?

24· · · · A.· ·Yes.

25· · · · Q.· ·From your past answers regarding how


·1· ·credibility of an officer is within the purview of a

·2· ·jury, wouldn't you also believe that credibility of

·3· ·Mr. Eberhard was in the purview of the jury as well?

·4· · · · A.· ·Of course.· I'm sure you won't let me testify

·5· ·to that line.

·6· · · · Q.· ·Let's move to Opinion No. 9.

·7· · · · · · ·"Officer Babcock appears to have performed

·8· · · · · · ·his duties in a reasonable manner, and any

·9· · · · · · ·reasonable officer could have done the

10· · · · · · ·same thing."

11· · · · · · ·Did I read that correctly?

12· · · · A.· ·Yes.

13· · · · Q.· ·Now, the dealings with Officer Babcock have to

14· ·do with days other than Mr. Eberhard's arrest; is that

15· ·right?

16· · · · A.· ·That's correct, the ones I'm aware of.

17· · · · Q.· ·Specifically we're talking about May 13th,

18· ·2013 and May 21st, 2013?

19· · · · A.· ·Yes, those are the interactions I'm aware of.

20· · · · Q.· ·Let's first talk about May 13th, 2013.

21· · · · · · ·Actually, I take that back.

22· · · · · · ·I have a general question about the entire

23· ·opinion.

24· · · · · · ·Similar to my other questions, it appears that

25· ·your opinion -- it discusses conduct that an officer


·1· ·could have, among their various choices of conduct to

·2· ·perform, versus it being conduct that an officer should

·3· ·have performed.

·4· · · · · · ·Like your other opinions, is this -- is your

·5· ·analysis limited to what the officer could have

·6· ·performed, or are you saying that Officer Babcock should

·7· ·have performed it the way that he did?

·8· · · · A.· ·It's just what it says, "could have."

·9· · · · · · ·"He exercised his discretion reasonably" is

10· ·what it translates to.

11· · · · Q.· ·Now, on to the May 13th, 2013 incident, it

12· ·concerned Mr. Eberhard taking pictures of an arrestee in

13· ·a police car; correct?

14· · · · A.· ·Yes.

15· · · · Q.· ·Do you know where Mr. Eberhard was physically

16· ·with regard to the police car when Officer Babcock

17· ·yelled at him to get back?

18· · · · A.· ·He was somewhere in the roadway.

19· · · · · · ·I don't recall which side or which direction

20· ·the police car was parked.· So, I can't tell you if it

21· ·was the left side or the right side of the police car.

22· · · · · · ·The point that got my attention and apparently

23· ·Babcock's attention is that he was -- he was over the

24· ·safety line and in the traffic lane.

25· · · · Q.· ·What was the traffic like on that day?


·1· ·your opinion at trial?

·2· · · · A.· ·Yeah.· I don't know what you mean -- I think

·3· ·you said it earlier today, too -- about "not part of

·4· ·your Rule 26."

·5· · · · · · ·It's an explanatory note.

·6· · · · · · ·As I recall, Officer Babcock at some point in

·7· ·a declaration or deposition talked about, "Hey, ask,

·8· ·tell, make."

·9· · · · · · ·Well, the common reader that's not a police

10· ·officer wouldn't necessarily know what that meant.

11· · · · · · ·So, I'm providing an explanation as to, "What

12· ·does that mean in plain English?"· And that's the

13· ·purpose of a note.

14· · · · · · ·Whether it gets to be part of my Rule 26

15· ·report or not, that's a legal question beyond me.

16· · · · · · ·MR. GOWER:· Well, it's -- it's not beyond me.

17· · · · · · ·I'm just telling you right now, the -- this

18· ·note in Opinion 9 will be brought out on trial testimony

19· ·as support for his opinion, as will the expert note

20· ·underneath Opinion 1.

21· · · · · · ·I think those are the only two expert notes.

22· · · · · · ·A grammatical or stylistic offset is not going

23· ·to preclude us from putting that information in front of

24· ·the jury.

25· · · · · · ·MR. KAUFMAN:· Q.· What is, "Ask, tell, make"?


·1· · · · · · ·"Officer Babcock's use of force" --

·2· · · · A.· ·I'm sorry.· Where am I?

·3· · · · · · ·MR. GOWER:· You're in your report.

·4· · · · · · ·THE WITNESS:· Opinion No. 10?

·5· · · · · · ·MR. KAUFMAN:· Q.· Opinion No. 10 on page 13 --

·6· · · · A.· ·Oh, I'm sorry.· Thank you.

·7· · · · Q.· ·-- of your report.

·8· · · · A.· ·Okay.

·9· · · · Q.· ·Do you see that opinion there?

10· · · · A.· ·Oh, yes.

11· · · · Q.· ·I have the same question as with some of the

12· ·other opinions.

13· · · · · · ·While it appears that you believe a reasonable

14· ·officer could have done the same thing, you're not

15· ·saying that a reasonable officer should have done the

16· ·same thing with regard to Officer Babcock's use of

17· ·force; correct?

18· · · · A.· ·I mean, correct.· It was a discretionary move

19· ·to get him out -- get Mr. Eberhard out of the restricted

20· ·area, and that's the tactic that he chose to use to do

21· ·it.

22· · · · Q.· ·You cite actually two cases, but I think the

23· ·cite comes from Graham versus Connor, 490 U.S. --

24· · · · A.· ·Yes, Johnson versus --

25· · · · · · ·(Clarification requested by the reporter.)


duffy carolan (sbn 154988) 1 jassy vick carolan llpfiles.courthousenews.com/2016/02/11/eberhard...

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