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 […]
Richard D. Jones Receives Legacy Award
Each year the La Habra Chamber of Commerce honors individuals, businesses and organizations that have shown exceptional achievements and service to our community. This year, the Chamber recognized Richard D. Jones as the recipient of the Legacy Award which is awarded to individuals enduring accomplishments and achievements throughout their careers.
Vol. 32 No.16 UNITED STATES SUPREME COURT DECLINES TO DECIDE WHETHER SECOND AMENDMENT PROTECTS THE RIGHT TO BEAR ARMS IN PUBLIC
On June 26, 2017, the United States Supreme Court denied certiorari in the closely followed case of Peruta v. County of San Diego, 824 F.3d 919 (9th Cir. Cal. June 9, 2016). By declining to review the Ninth Circuit’s decision, the Supreme Court declined an opportunity to clarify whether the Second Amendment protects the right […]
Vol. 32 No. 15 NINTH CIRCUIT COURT OF APPEAL HOLDS CALIFORNIA’S 30-DAY VEHICLE IMPOUND LAW VIOLATES 4TH AMENDMENT
On June 21, 2017, the Ninth Circuit Court of Appeals issued an opinion in Brewster v. Beck holding that the 30-day impound of a vehicle seized pursuant to Vehicle Code section 14602.6(a)(1) violated the Fourth Amendment. The panel reversed the District Court’s dismissal of a class action brought under 42 U.S.C. § 1983 alleging that […]
Victory for Jones & Mayer in the Ninth Circuit Court of Appeals
On May 24, 2017, in the case of Rubenstein v. Whittier Police Department, the Ninth Circuit Court of Appeals affirmed the summary judgment ruling of the District Court. Plaintiff Rubenstein alleged that her constitutional claims arising from her arrest were not time barred even though all claims accrued more than two years before Plaintiff filed […]
Martin J. Mayer Memorial Award recipient, Corporal Sergio Cruz
On May 19th, Jim Touchstone attended the graduation of California Peace Officers’ Association Leadership Development Course in Sacramento. At the graduation ceremony, Mr. Touchstone presented the Martin J. Mayer Memorial Award to an outstanding graduate of the class who was selected to receive the Award by his peers. This year’s Award was presented to Corporal […]
Attorney Ryan Jones has been selected to serve as the next chair of the League of California Cities Legal Advocacy Committee
Attorney Ryan Jones has been selected to serve as the next chair of the League of California Cities Legal Advocacy Committee. After serving for the last year on the executive committee for the Legal Advocacy Committee, Ryan was chosen by his city attorney colleagues to be the next chair. The Legal Advocacy Committee is comprised of city attorneys from throughout […]