Vol. 32 No. 7 CALIFORNIA SUPREME COURT TO WEIGH IN ON PENSION FORMULA DISPUTE
In November 2016, the California Supreme Court granted review of Marin Association of Public Employees v. Marin County Employees’ Retirement Association, 2 Cal. App. 5th 674 (1st Dist. 2016) (“Marin Association”). However, in granting review, the Supreme Court indicated that it would defer action in the matter pending the decision of the First District Court […]
Vol. 32 No. 5 SUPREME COURT CASE REGARDING DISCLOSURE OF RECORDS CONTAINED IN PRIVATE ACCOUNTS
On March 2, 2017, the California Supreme Court, in City of San Jose v. Superior Court of Santa Clara County (Smith),[1] held that “when a city employee uses a personal account to communicate about the conduct of public business, the writings may be subject to disclosure under the California Public Records Act (CPRA or Act).” […]
Vol. 32. No. 4 AGENCIES MAY HAVE A DUTY TO ACCOMMODATE INJURED POLICE RECRUITS UNDER FEHA
On February 14, 2017, the California Second District Court of Appeal held, in the case of Atkins et al. v. City of Los Angeles, 2017 Cal. App. LEXIS 115, that an agency may be liable for failing to reassign a police recruit who is disabled due to injuries sustained during the course of training to […]
California Supreme Court Holds that Writings Contained in Public Employees’ Personal Accounts May be Subject to Disclosure under the California Public Records Act
SUMMARY On March 2, 2017, the California Supreme Court, in City of San Jose v. Superior Court of Santa Clara County (Smith),[1] held that “when a city employee uses a personal account to communicate about the conduct of public business, the writings may be subject to disclosure under the California Public Records Act (CPRA or […]
Vol. 32 No. 3 UNITED STATES SUPREME COURT REVERSES DENIAL OF QUALIFIED IMMUNITY
On January 9, 2017, in the case White v. Pauly, the United States Supreme Court unanimously reversed a decision by the Tenth Circuit Court of Appeals denying qualified immunity for an officer. Specifically, the U.S. Supreme Court held that the lower court had erred in concluding that the officer was not entitled to qualified immunity […]
Vol. 32. No 1A MARTIN J. MAYER’S CELEBRATION OF LIFE
Martin J. Mayer’s “Celebration of Life” service will be held on Saturday, March 4, 2017 at 10:00 AM at the Rose Center Theatre, located at 14140 All American Way, Westminster, CA 92683. Reception to follow at the same location. *In lieu of flowers, please consider making a donation to the Orange County Chapter of ALS […]
Vol. 32 No. 10 COURT OF APPEAL FINDS THAT DISMISSAL UNDER PENAL CODE SECTION 1203.4 DOES NOT INVALIDATE CONVICTION FOR PURPOSES OF REMOVING THE HECK v. HUMPHREY BAR
On April 19, 2017, the Second District Court of Appeal, in Baranchik v. Fizulich, 2017 Cal. App. LEXIS 356 (Cal. App. 2d. Dist. Apr. 19, 2017), held that the plaintiff’s civil claim for excessive force was barred under Heck v. Humphrey, 512 U.S. 477 (1994), because the criminal jury necessarily found the officer’s conduct to […]
Vol. 32 No. 11 OFFICER ENTITLED TO QUALIFIED IMMUNITY FOR FATAL SHOOTING OF SUSPECT ARMED WITH A KNIFE
On May 12, 2017, the Ninth Circuit Court of Appeals held, in the case of S.B. v. County of San Diego, 2017 U.S. App. LEXIS 8452, that a San Diego County Sheriff’s Deputy was protected by qualified immunity for his involvement in a fatal shooting of a suspect armed with a knife. The Ninth Circuit […]
Vol. 32 No. 12 UNITED STATES SUPREME COURT STRIKES DOWN NINTH CIRCUIT’S “PROVOCATION RULE” AS UNDERMINING TRADITIONAL FOURTH AMENDMENT REASONABLE FORCE ANALYSIS
On May 30, 2017, the United States Supreme Court issued its opinion in County of Los Angeles v. Mendez, 581 U.S. __, 2017 U.S. LEXIS 3396 (2017), for which we submitted an amici curiae brief on behalf of the California State Sheriffs’ Association, the California Police Chiefs Association, and the California Peace Officers’ Association. The […]
Vol. 32 No. 17 PRELIMINARY INJUNCTION GRANTED REGARDING POSSESSION/USE OF HIGH-CAPACITY MAGAZINES
On June 29, 2017, the federal District Court for the Southern District of California, in the case entitled Duncan v. Becerra, 2017 U.S. Dist. LEXIS 101549 (S.D. Cal. June 29, 2017), granted an injunction against implementation of California Penal Code section 32310, which prohibits the possession and use of “high-capacity” weapon magazines on the basis […]