BREAKING NEWS 11/10: SOMEHOW, OUR LOCAL GOVERNMENT, WHICH IS NOW A CABAL FULL OF THUGS, HAS JUST PUSHED OUT, THE BEST MAN IN UPLAND! And Captain Yoakum, I am at a complete loss for words, for the first time in my entire life, after reading your words, below. Sir, Godspeed to you, our friend, our protector and the HEART OF UPD! And everyone in Upland, please find a letter from “THE POLICE’S PEOPLE CHIEF” and our very own, Captain Anthony Yoakum.
Farewell From Captain Anthony Yoakum
I wanted to take this opportunity to write a short message and hope it will reach more people more easily this way.
First, I would like to address the employees of the Upland Police Department. For close to 30 years now I have called you all my friends and family. We have bled together, cried together, and enjoyed many great times. You will all be missed very much. I love each and every one of you and I hold you in high regard!
Continue to work hard for the citizens we serve. It is for them that we took an oath and work so hard. The Upland Police Department will recover; you are all strong, intelligent people whom I have been proud to work with. I would love to have continued serving with you, but circumstances dictate I move on.
If anyone should ever need anything in the future, don’t hesitate to call on me. I will always be there for my UPD family. Goodbye for now, but I hope our paths cross again soon.
To the Citizens of Upland: Wow, where do I start? I have dedicated my entire adult life to serving this community. I have thoroughly enjoyed every moment. From helping to keep the city a little safer to the wonderful friendships I have made, it has truly been my pleasure. Thank you all for your support and help over the years. Also, I cannot begin to thank you for all the kind words I have read through social media about Sergeant Simpson and myself. It has humbled me to the core, and helped carry me through this challenging time. You will never know just how much that means to me, and I can never adequately express my gratitude.”
Captain Yoakum is now having to sue the CITY OF UPLAND, UPD & BRIAN JOHNSON for, “Constitutional & Common Law, Invasion of Privacy.” And It’s About Time & THE RESIDENTS OF UPLAND, FULLY SUPPORT YOU, CAPTAIN YOAKUM! 1 MILLION PERCENT! “Plaintiff’s claims arise from his confidential Police Officer Personnel Information being disclosed to a 3rd Party outside of the department.”
We found this lawsuit online at 3:30 PM on the afternoon of 11/8/17. But the morning before, when we didn’t even know it existed yet, we received some information that shocked us. Primarily because of how much detail there was, about things that we would definitely term as “confidential information,” that this person was disclosing and inquiring about. None of which, we knew any information about and deemed it frankly, none of our business!
HOWEVER, the first words out of our mouth and in writing after reading it was, “SOMEBODY in UPLAND is LEAKING like a BUSTED PIPE!”And if a lay person, could figure that out READING a brief 2 paragraph email, from a stranger, then a JURY OF CAPTAIN YOAKUM’S PEERS, WILL HAVE NO PROBLEM CONCLUDING THE EXACT SAME THING, AT THE TRAIL.
First things, first. We have never met, yet, nor ever spoken to Captain Anthony Yoakum. But his service record to Upland and how he has devoted his life to our community, speaks for itself! And frankly, we are honored to even be able to write about such a great man.
But let’s get to the NUTS & BOLTS, shall we? Which is, what is Captain Yoakum asking for, in his compliant? And this again, is why we believe his character is beyond reproach!
He wants 4 things, after 29 years of service as a BELOVED PEACE OFFICER! AND TAKE NOTE # 2 ~ IS A GIFT TO THE CITY OF UPLAND, FROM CAPTAIN YOAKUM! THINK OF IT IS AN EARLY CHRISTMAS GIFT, TO THE PROPERTY TAX PAYERS, OF UPLAND!
- For general compensatory and special damages in amounts according to proof.
- For punitive damages in amounts according to proof against JOHNSON only.
- To expunge any false negative personnel documents provided by DEFENDANTS relating to the adverse actions that are the subject of this action; and to take any and all necessary and reasonable steps to remove the stigma and negative perception of YOAKAM;
- For attorneys fees as provided by law.
And as a side note, our favorite line from the whole complaint is, “The DEFENDANTS conduct, in doing everything they had been alleged to have done, constitutes an egregious breach of social norms underlying the said interests and is serious invasion.”
AND IF A MAN LIKE CAPTAIN ANTHONY YOAKUM, CAN’T BE REINSTATED TO UPD, BY OUR INTERIM CITY MANAGER & HAS TO RESORT TO FILING A LAWSUIT AGAINST THE CITY THAT HE LOVES, THEN WE NEED A NEW CITY MANAGER & A NEW CITY ATTORNEY!
Now, down to brass tax and some GREAT highlights, straight out of Captain Yoakum’s Civil Compliant filed on November 3rd, 2017, against the City of Upland, the Upland Police Depatment & Brian Johnson.
“Plaintiff’s claims arise from his confidential Police Officer Personal Information being disclosed to a 3rd Party outside of the department.”
“And that each such defendant advised, encouraged, participated in, ratified, directed or conspired to do, the wrongful acts alleged herein.”
“Each and all of the acts of the DEFENDANTS as alleged herein were done by DEFENDANTS, their agents, servants, and employees, and each of them as individuals and under the color and pretense of the statutes, ordinances, regulations, customs and usages of the State of California, and under the authority of their employment with full knowledge and approval of their superiors as agents. DEFENDANTS are jointly and severally liable for the injuries and damages sustained by PLAINTIFF.
EXHAUSTION OF ADMINISTRATIVE REMEDIES
9. All necessary prerequisites to suit have been met. On April 20, 2017, PLAINTIFF filed a claim for damages with the City. On or about May 4, 2017, the City notified Plaintiff that it had rejected his claims.
FACTS COMMON TO ALL
10. DEFENDANT Chief Johnson proposed placing PLAINTIFF, Upland Police Captain Anthony Yoakum, on a compulsory 90-day performance improvement contract based on false and pretextual allegations of poor work performance and misconduct on or about March 13, 2017. On or about March 23, 2017, PLAINTIFF had a meeting to discuss this proposed performance improvement contract at which time it was determined that it would be held in abeyance.
11. The Performance Improvement Contact, conceived by DEFENDANT Johnson, required PLAINTIFF, among other things, to observe police Captains from surroundings agencies. On or about March 23, 2017, during a meeting attended by Chief Johnson, Human Resources and PLAINTIFF’S representative, PLAINTIFF became informed that Chief Johnson discussed information regarding his contract and other confidential peace officer personnel information with at least three Chief’s of Police from other departments, including the Ontario Police Department, Chino Police Department and Pomona Police Department.
12. PLAINTIFF is further informed and believes and thereon alleges that in addition to disclosing confidential and private information to these individuals, DEFENDANT Johnson also made false and negative statements regarding PLAINTIFF’S ability to perform the duties of a Police Captain. PLAINTIFF is informed and believes that the Chiefs of Police to whom Johnson revealed his private and confidential personnel information, and to whom he made false and damages statements, are not agents or employees of the Upland Police Department, nor authorized for any other reason to access his peace officer personnel information.
13. PLAINTIFF, a peace officer, was not asked if he would consent to the release of his confidential information, nor did he affirmatively provide such consent. PLAINTIFF is informed and believes and therein alleges that none of the recipients who were provided his confidential peace officer personal information obtained that information by following the procedures set forth in Evidence Code Section 1040, 1043 and 1045. Further, PLAINTIFF is informed and believes that no such request for confidential peace officer personal records was made.
14. Based on information and belief DEFENDANT Johnson provided PLAINTIFF confidential personnel records to persons unconnected to the Department in violation of Penal Code Section 832.7 and Plaintiff s right to privacy as the same is protected by both the California and Federal Constitutions in addition to statute and common law. PLAINTIFF IS informed and believes that there was no lawful or reasonable justification for the release of his confidential personnel information to persons employed outside the Department. And PLAINTIFF reasonably expected that no such disclosure would be made.
15. PLAINTIFF further is informed and believes and thereon alleges that Johnson maliciously provided negative statements regarding PLAINTIFF’S work performance an allegations of misconduct to the Chiefs from surrounding departments.
16. PLAINTIFF believes and is informed that the actions of DEFENDANTS as described herein were malicious, fraudulent and or oppressive and done with a willful and conscious design to injure PLAINTIFF and with a blatant disregard for PLAINTIFF’S rights. DEFENDANTS, and each of them and/or their agents/employees, supervised authorized, condoned and ratified the unlawful conduct of each other.
FIRST CAUSE OF ACTIONS
17. Invasion of Privacy (Against All Defendants) PLAINTIFF restates and incorporates by this reference each and every allegation contained in the preceding paragraphs of this Complaint as though set forth herein.
18. At all limes herein relevant PLAINTIFF had a right to be free from intrusion into his private affairs which includes his confidential peace officer personnel information. DEFENDANTS intruded into that right by disclosing false information from PLAINTIFF’S personnel file that injured PLAINTIFF”S reputation. DEFENDANTS had no lawful or reasonable justification or authority to disclose PLAINTIFF’S confidential personnel information to persons outside the Department and the City.
19. As a direct and proximate result of defendants unlawful conduct PLAINTIFF has suffered and will continue to suffer severe physical and mental distress, humiliation, embarrassment, anxiety, loss of earnings, loss of other employment benefits, medical expenses, lack of professional opportunities and advancement, and other general and special damages, in an amount to be proven at trial.
20. The conduct of defendant Johnson and Does 1 through 10 and each of them and/or their agents/employees as described herein, was malicious, fraudulent and/or oppressive and done with a willful and conscious disregard for PLAINTIFF’S rights and for the deleterious consequences of DEFENDANTS actions. DEFENDANTS, and each of them and/or their agents/employees, supervised, authorized, condoned and ratified the unlawful conduct of each other. Consequently PLAINTIFF is entitled to punitive damages against each of said DEFENDANTS. Unless and until defendants unlawful policies and practices as alleged herein are enjoined and restrained by order of this court defendants will continue to cause great and irreparable injury to PLAINTIFF.”
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