Author: Rosalyn Jones

Nonsuit Obtained by Senior Litigator, Harold W. Potter, on behalf of the City of Fullerton

Senior Litigator Harold W. Potter obtained a nonsuit on January 14, 2016, after the close ofplaintiff’s evidence, in a case entitled Teresa Silva v. City of Fullerton. Silva sued Fullerton alleging a violation of her civil rights pursuant to 42 U.S.C. §1983, along withvarious pendent state law claims,stemming from code enforcement activities on her rental property in […]

Vol. 31 No 1. TASER USE RESTRICTED BY 4th CIRCUIT U.S. COURT OF APPEALS

TASER USE RESTRICTED BY 4th CIRCUIT U.S. COURT OF APPEALS On January 11, 2016, the 4th Circuit U.S. Court of Appeals held, in the case of Armstrong v. Village of Pinehurst et al, that the Fourth Amendment prohibits the use of a taser [an electronic control device (ECD)], unless the police can articulate an “immediate […]

Cities are prohibited from using sale tax revenue to provide financial assistance to a business if doing so reduces the amount of sales tax revenue another city receives.

I. Summary Starting January 1, 2016, Senate Bill 533 (“SB 533”) prohibits cities from entering into agreements with businesses that involve the city making payments or rebates of Bradly-Burns Uniform Local Sales and Use Tax (“sales tax”) revenues to the business when doing so would result in the reduction of sales tax revenue received by […]

Vol. 30 No. 27 CAN SPEECH ALONE BE A PENAL CODE 148 VIOLATION?

CAN SPEECH ALONE BE A PENAL CODE 148 VIOLATION? On December 18, 2015, the California Court of Appeal held, in the case of In re Chase C.,that a minor did not violate PC 148 when he encouraged others to not cooperate with a sheriff’s deputy. The court stated that “we are asked to decide a […]

Vol. 31 No. 4- NEGLIGENT SUPERVISION AND EXECUTIVE LIABILITY

NEGLIGENT SUPERVISION AND EXECUTIVE LIABILITY Following is an article I wrote for the current issue of “The Police Chief” magazine, which is published by the International Association of Chiefs’ of Police (IACP) and distributed nationally and internationally to all members of IACP. As we all know, the current environment reflects open hostility by certain members […]

Senate Bill 876- Homelessness

I. SUMMARY Senate Bill- 876 entitled “Homelessness” was introduced by Senator Liu on January 14, 2016. If passed, this bill will amend the Government Code to allow homeless individuals to dwell or sleep in public spaces without risk of criminal or civil sanction. The long term implications of this bill do not seem favorable to […]

Impressive Settlement Agreement Obtained on behalf of the City of Placentia

PLACENTIA, CA – On February 25, 2016, MALDEF and the City of Placentia reached an agreement on how to proceed with providing Latinos equal voting power, without going to court. The agreement calls for a host of actions to be taken by the Placentia City Council, including placing a Charter Amendment Measure on a statewide […]