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Judge Blocks Inspector General Investigation Into Deputy Gangs In LA Sheriff’s Department
(At left) An image of the Banditos logo, which is used for tattoos. (At right) Activists packed a 2019 sheriff's town hall at Garfield High School in East L.A. Lisa Vargas (c) is the mother of Anthony Vargas, who was killed by sheriff's deputies on Aug. 12, 2018.
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Frank Stoltze
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LAist
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Topline:
In a blow to efforts by L.A. County’s inspector general to investigate deputy gangs within the sheriff’s department, a judge has issued a preliminary injunction blocking the IG from asking 35 deputies to reveal any gang tattoos they may have. The deputies union argued it would have been an unreasonable search and would have violated California labor law.
The backstory: In May, Inspector General Max Huntsman demanded the deputies cooperate with his inquiry into the Banditos and Executioners deputy gangs by revealing any tattoos they had and answering a series of questions. He argued a new state law that bans law enforcement gangs required the deputies to cooperate. In addition, Sheriff Robert Luna ordered the deputies to cooperate. Deputy gangs have been a fixture at the L.A. Sheriff’s Department for more than half a century.
The union’s argument: The Association for Los Angeles Deputy Sheriffs argued the searches would have violated the Fourth Amendment’s prohibition against unreasonable searches and the Fifth Amendment’s protection against self-incrimination. ALADS also argued the county was required to meet and confer with the labor union before proceeding with what amounted to a new condition of employment for its members. Luna had threatened discipline if the deputies did not cooperate.
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The inspector general’s reaction: “I’m disappointed that deputy gangs will remain for now, and I expect the county will appeal,” Huntsman said. “My office will continue to work toward the day when the Sheriff’s Department is no longer above the law.”
The upshot: The judge’s decision to issue a preliminary injunction means he believes ALADS is likely to prevail at trial.
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