Vol 32. No. 19 JUST WHEN YOU THOUGHT THE BRADY/PITCHESS DISCUSSION WAS OVER……..
The Second District Court of Appeal in Los Angeles issued a 2-1 opinion on July 11, 2017 in the case of Association for Los Angeles Deputy Sheriffs (“ALADS”) v. Superior Court (Los Angeles County Sheriffs Department) (B280676) which will likely upset the careful balance which had been achieved in handling Brady & Pitchess issues in […]
Vol. 32 No. 18 POBAR PROVIDES THAT COPIES OF PRIOR INTERROGATION RECORDINGS MUST BE PROVIDED BEFORE SECOND INTERROGATION
On July 6, 2017, the California Court of Appeal published the case of Ana v. City of Santa Ana, Cal. App. LEXIS 608 (Cal. App. 4th Dist. June 13, 2017) where it held that two Santa Ana police officers’ suits against the City of Santa Ana Police Department (“Department”) can proceed after internal affairs investigators […]
Claims Procedure for Contractors on Public Works Projects
April 17, 2017 I. Summary Public works contracts entered into between January 1, 2017 and January 1, 2020 must incorporate the newly enacted contractor claims procedures that are set forth in Public Contract Code Section 9204 (“Section 9204”). Assembly Bill 626 (“AB 626”) enacted Section 9204 and requires a public entity to respond to a contractor’s […]
Vol. 32 No. 9 OFFICER WHO SOUGHT AND RECEIVED DISABILITY RETIREMENT IS “HONORABLY RETIRED” NOTWITHSTANDING PENDING DISCIPLINARY ACTION
In an opinion dated March 24, 2017, the Fourth District of the Court of Appeal, acting in Bonome v. City of Riverside (2017 Cal.App. LEXIS 264), held that an officer who was facing serious disciplinary action, but who sought and received an industrial disability retirement prior to any discipline being imposed, was “honorably retired” within […]
Vol. 32 No. 8 OFFICER MISLEADS JUDGE WHEN PROCURING SEARCH WARRANT FOR CHILD PORNOGRAPHY BY OMITTING RELEVANT INFORMATION FROM THE SEARCH WARRANT APPLICATION
On March 13, 2017, the Ninth Circuit Court of Appeal held, in the case of United States v. Perkins, 2017 U.S. App. LEXIS 4364, that a United States Homeland Security agent acted with reckless disregard for the truth when the agent omitted exculpatory information from an application for a search warrant in a child pornography […]
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 […]