Judge Says Claremont Settlement Isn’t Sealed

Claremont officials were wrong when they claimed a court order prevented them from revealing details of a civil rights settlement, a federal magistrate has ruled.

Bolstering efforts to lift the veil on the police harassment case, U.S. Magistrate Judge Robert N. Block said in a special court order that he never told Claremont officials to keep mum about the terms of a 1998 settlement he had approved.

Block’s Feb. 18 statement contradicts Claremont officials, who have said repeatedly that the judge ordered them to keep silent about the agreement.

“The parties’ agreement regarding confidentiality was an agreement between them and not the subject of any court order,” Block wrote in an order made public Wednesday.

Claremont officials said they still believe that the settlement is sealed. But Block’s latest order appears to bolster the case of an open-government advocate who has sued the city, alleging that it is violating the state’s public records and open meetings laws.

Losing the lawsuit could represent yet another police-related problem for Claremont officials. They face weekly protests over the 1999 shooting death of an 18-year-old African American motorist by two officers. They also suffered a recent embarrassment when they were forced to reverse the hiring of a police chief with a controversial past.

Now city officials face additional police revelations from Pasadena City College instructor Richard McKee, an open-government advocate with a history of winning lawsuits against San Gabriel Valley governments.

McKee has been seeking details of the city’s settlement with Eli K. Mellor, a Libertarian activist who contended that he was the victim of false imprisonment, malicious prosecution, perjury and excessive force by a Claremont police officer. Mellor filed a 1996 civil rights lawsuit against Claremont in federal court.

Mellor settled with city officials for an undisclosed sum. But when McKee requested details of the settlement under the California Public Records Act, city officials refused, arguing that a federal court order sealing the settlement superseded state laws that it be disclosed.

McKee on Wednesday hailed Block’s ruling as a sign he will succeed in the public records lawsuit.

“The city has no recourse but to release all the details of how they spent public funds. They cannot hide behind the federal judge anymore,” said McKee, of La Verne. “This is an example of the arrogance of public agencies. Now we know everything they said is false.”

Despite Block’s order, Claremont officials said they aren’t about to reveal anything from the settlement, and they believe the judge sealed the settlement.