Vol. 31 No. 5- NINTH CIRCUIT U.S. COURT OF APPEALS HOLD THAT USE OF K-9 IS “SEVERE” USE OF FORCE
NINTH CIRCUIT U.S. COURT OF APPEALS HOLD THAT USE OF K-9 IS “SEVERE” USE OF FORCE On April 1, 2016, the Ninth Circuit U. S. Court of Appeals, in a 2 – 1 decision, held that summary judgment for the City was improper when “a reasonable jury could find that police officers responding to [a burglar […]
Paul Coble will be presenting a Pitchess motion training class at Vacaville, CA, Police Department
Joint power agencies must file joint powers agreement with LAFCO by July 1, 2017
Senate Bill 1266 (“SB 1266”) provides that joint power agencies that, (1) have a city as a member and, (2) that were formed to provide municipal services, must file a copy of the joint powers agreement[1] with the local agency formation commission (“LAFCO”) by July 1, 2017.[2] Such joint power agencies that are formed after […]
Cities can be liable under Inverse Condemnation for damage caused by fallen trees that were planted by the City
I. Summary On August 24, 2017, the California Court of Appeal held that the City of Pasadena was not liable for damages caused by a City tree falling onto a house in a suit for inverse condemnation because there was no record that the City planted the tree as part of a public improvement project.[1] […]
Vol. 32 No. 27 FAILURE TO PROVIDE AMERICAN SIGN LANGUAGE INTERPRETER TO COUNTY JAIL INMATE MAY VIOLATE AMERICANS WITH DISABILITIES ACT
On August 31, 2017, the Ninth Circuit Court of Appeals ruled that a suit could proceed that alleged an Oregon county jail discriminated against a deaf inmate by failing to provide an American Sign Language (“ASL”) interpreter during his pretrial detention.[1] The Court held that a reasonable jury could find that by not providing a […]
Vol. 32 No. 26 COURT OF APPEAL HOLDS THAT VEHICLE CODE SECTION 17004.7(b)(2) DOES NOT REQUIRE A PUBLIC AGENCY TO PROVE THAT EACH OF ITS OFFICERS HAS RECEIVED AND READ THE AGENCY’S PURSUIT POLICY
On August 23, 2017, the Second District Court of Appeal, in Ramirez v. City of Gardena,[1] held that “promulgation” in California Vehicle Code section 17004.7(b)(2)[2] means that, to obtain immunity in a legal action resulting from a vehicle pursuit, a public agency must require its peace officers to certify in writing that they have received, […]
Vol. 32 No. 25 CALIFORNIA SUPREME COURT RULES ON PUBLIC ACCESS TO AUTOMATED LICENSE PLATE SCANNER DATA
On August 31, 2017, the California Supreme Court, in ACLU of Southern Calif. v. Super Court of Los Angeles (County of LA, et. al. Real Parties), __ Cal. 5th ___ (2017), affirmed the Superior Court’s decision to exempt raw Automated License Plate Reader (“ALPR”) data from disclosure under the California Public Records Act (“CPRA”). The […]
Vol 32. No 24 CIRCUIT RULES NO QUALIFIED IMMUNITY FOR OFF-DUTY POLICE OFFICER WORKING AS PRIVATE SECURITY GUARD
On August 23, 2017, the Court of Appeals for the Ninth Circuit, in Bracken v. Okura, 2017 U.S. App. LEXIS 16105 (9th Cir. Aug. 23, 2017), ruled that an “off-duty” Honolulu Police Department Officer working as a hotel security guard was not entitled to qualified immunity for failure to intervene to prevent an assault because […]
Vol. 32 No. 23 CALIFORNIA SUPREME COURT HOLDS PROPOSITION 66 IS CONSTITUTIONAL
On August 24, 2017, the California Supreme Court denied a writ petition[1] challenging the constitutionality of Proposition 66 (“Prop 66”), which was approved by California voters in November 2016. Prop 66, among other things, created a 5-year time limit to complete all post-trial appellate proceedings in death penalty cases. While the Court upheld the new […]
Vol. 32 No. 22 DISTRICT COURT RULES THAT A CRIMINAL SUSPECT HAD NO EXPECTATION OF PRIVACY REGARDING THE LOCATION OF HIS CELLPHONE
On May 16, 2017, the United States District Court for the Northern District of Illinois, in United States v. Rosario, 2017 WL 2117534 (N.D. ILL. May 16, 2017), held that the Government’s acquisition of cell-site location information (CSLI) from a third-party provider did not constitute a search in violation of the Fourth Amendment. Background On […]