Berkeley Civilian Police Watchdog Sues Police Chief Over Misconduct Records

Berkeley’s top police watchdog is suing the city’s police chief, alleging that she has illegally withheld records related to a homeless encampment sweep earlier this year.

The move comes amid escalating tension between the Berkeley Police Department and its independent oversight agency, which has raised concerns that BPD limits its ability to provide accountability.

The city attorney’s office declined to comment on the suit, which was filed in Alameda County Superior Court earlier this month and first reported by Berkeleyside.

The lawsuit on behalf of Berkeley’s Director of Police Accountability, Hansel Aguilar, seeks records related to officer misconduct alleged during a homeless encampment sweep in June. A city resident filed a complaint against Berkeley’s Police Department, alleging that during the sweep, three officers acted improperly toward people who were recording their actions.

Investigating misconduct complaints is one of the main roles of the Police Accountability Board, which was created by a city ballot measure that passed with 85% of voters’ support in 2020.

Aguilar requested records related to the sweep for an investigation into the complaint in July, and the department said in court filings that it handed over the incident report, body-worn camera footage and other video of the officers engaging with the person who filed the complaint. In August, Aguilar escalated his request, subpoenaing additional materials.

In response, BPD provided one additional document — an operations plan related to the city’s encampment resolution, which allows police to sweep encampments even when shelter isn’t available — in response to the subpoena, but declined to produce the remaining records. It said that those documents were either unrelated to the incident or “jeopardized the integrity of an active criminal case, and/or contained sensitive information that could compromise the privacy and safety of victims, community members, and officers.”

Aguilar’s suit alleges that Police Chief Jennifer Louis has failed to comply with Berkeley’s city charter by refusing to turn over those remaining documents. He’s asking an Alameda Superior Court Judge to demand they be released, or schedule a hearing where the police department must provide cause for not doing so.

Additionally, he’s asking the judge to declare that Louis has “failed to comply with her duties” under the charter, and is “legally required to cooperate and assist the Director of Police Accountability” in this case, and moving forward.

Aguilar and the Police Accountability Board have raised concerns in the past about struggling to obtain records from the department without subpoenas.

In 2024, the board subpoenaed records and a third-party report related to allegations of racial bias by officers, after failed attempts to access the documents through letters to city leaders and in meetings with officers. This May, the board again raised concerns that the department had a pattern of withholding records, after it declined a request for documents related to its annual report on police equipment and community safety, calling it “overly burdensome.”

And, Berkeleyside has reported that their work in an advisory capacity over the years has yielded little concrete change. Aguilar has also come under fire from Berkeley’s City Council, which criticized his performance and communication at an October meeting.

The board and Office of Police Accountability are also still in negotiations with city leaders and the police officers union over permanent regulations to govern their investigations and findings.

In the Office of the Director of Police Accountability’s annual report published last month, it said that “ambiguity and institutional resistance continued to challenge the Charter-defined scope of the [Police Accountability Board] and [Office of the Director of Police Accountability]’s authority.”

Aguilar declined to comment on Thursday, but his attorneys have requested a hearing on the matter on Jan. 27.