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1 taking any punitive action against any public safety officer member of the SAPOA. <br /> 2 Plaintiffs specifically seek a "make whole" remedy. <br /> 3 107. The above articulated violations were proximately caused by City's <br /> 4 deliberate indifference to its employee's violations of the Meyer-Milias Brown Act, and <br /> 5 the failure to train and control its officers and representatives on the provisions of these <br /> 6 Acts. The violations set forth above were proximity caused by the customs, practices, <br /> 7 policies and decisions of the defendants. <br /> 8 108. Unless this court issues a preliminary and permanent injunction enjoining <br /> 9 and restraining defendants, and each of them, and their agents, employees and <br /> 10 servants, from ordering, requiring, commanding, or taking any other action that will <br /> 11 result in violations of Plaintiffs' rights, Plaintiffs will suffer irreparable harm in that its/his <br /> 12 rights, as afforded by Government Code §3500, et seq., will be violated without any <br /> 13 remedy being afforded. <br /> 14 109. Plaintiffs have attempted, without success, to exhaust any and all <br /> 15 administrative remedies afforded to them to deal with these issues, but such efforts are <br /> 16 futile as the named defendants are the ones that make the final decisions via any <br /> 17 complaints, grievances or other administrative actions. <br /> 18 110. Plaintiff requests this court to award damages and attorney fees pursuant <br /> 19 C.C.P. §1090 and 1095. <br /> 20 111. In bringing this action, Petitioners have sought enforcement of an important <br /> 21 right affecting the public interest which will result in the conferring of a significant benefit <br /> 22 upon a large class of persons, to wit, public employees, thereby entitling Petitioners to <br /> 23 an award of attorneys'fees pursuant to Code of Civil Procedure §1021.5. <br /> 24 112. The actions of defendants, and each of them, were arbitrary and capricious <br /> 25 and, therefore, Plaintiff is entitled to recover attorneys' fees pursuant to Government <br /> 26 Code §800. <br /> 27 SECOND CAUSE OF ACTION <br /> 28 Against All Defendants <br /> 25 <br /> COMPLAINT <br />