L.A. HIT BY CIVIL RIGHTS CLAIM.

Byline: Phillip W. Browne Staff Writer

The first legal action arising from the Rampart Division police corruption scandal was filed Wednesday against the city, as the LAPD launched a public-opinion survey in an effort to restore its tarnished image.

The $20 million civil rights violation claim was filed on behalf of 2-year-old Destiny Ovando, whose father, Javier Ovando, was shot by police, paralyzed and framed for a crime he did not commit.

The girl has never seen her father and was ``robbed of having him in her life,'' her family's attorneys said.

Destiny's mother, Monique Valenzuela, said her daughter has not seen Ovando since a court ordered him released from prison. The case is based on former Officer Raphael Perez's admission that he provided false testimony in Ovando's shooting.

``I have shown her pictures so she knows who her father is, but she cannot really understand what happened,'' Valenzuela said. ``I want them to have a relationship and for him to be there if she needs him.''

The claim was filed with the City Attorney's Office on Tuesday, and is the first step in filing a lawsuit. The city has 45 days to either pay or reject the claim. If they reject it, that opens the door for a lawsuit, Smith said.

The claim names as defendants the city, former Los Angeles Police Chief Willie L. Williams, current Chief Bernard C. Parks, former Rampart station Capts. Nick Salicos and Richard Meraz, and anti-gang CRASH Officers Perez and his partner Nino Durden.

The claim is based on alleged civil rights violations against Destiny. It lists conspiracy to violate civil rights, wrongfully interfering with the familial relationship, intentional and negligent infliction of emotional distress and failure of the Los Angeles Police Department to discipline, supervise and train its officers who use excessive and illegal force.

Whatever money Destiny receives in a favorable judgment would go into a trust account and given to her when she turns 18, attorney Gregory W. Smith said during a press conference Wednesday.

In hopes of restoring confidence in the department, LAPD officials said they are conducting a massive telephone ``attitude survey'' of residents. The survey will try to gauge public opinion of the department before the scandal broke, and after, said LAPD Cmdr. Dave Kalish.

``They key to this survey is the issue of accountability,'' said public policy professor Jorja Prover of the University of California, Los Angeles, who helped the LAPD quickly draft the survey. ``We want to know if the public thinks a group of renegade cops is to blame, or if they feel blame lies in the chief's office or at the City Council.''

Officers in the LAPD's community affairs division began calling residents Monday, asking about their perception of the LAPD, Kalish said.

``This is an opportunity for us to seriously look at issues of public confidence and to find ways to be able to resolve those issues,'' Kalish said. ``The chief believes it is absolutely essential to get public opinion and input, and community meetings aren't always the best gauge of public opinion.''

The survey, administered at no cost to the LAPD, asks questions including ``have you heard about the scandal; where did you hear about it; and what are your perceptions of the job we have done, before and after,'' Prover said.

Calls are being made randomly and in every part of the city, Kalish said.

``We want to create a benchmark to determine if we are serving the public's best interest,'' Kalish said.

The survey is expected to be completed within two weeks and a report will be made to the chief, Kalish said.

Staff Writer Troy Anderson contributed to this story.