Vol. 30 No. 20 Law Enforcement Training Is More Important Than Ever
The claim of negligent training is one of the most common claims against law enforcement, especially in federal civil rights lawsuits. In order to defend against such claims it is necessary to prove that appropriate training in the relevant areas had been provided. Civil rights litigation is based on 42 U.S.C. § 1983 which states, […]
C.S.U. CANNOT AVOID PAYING FOR MITIGATION MEASURES NECESSITATED BY CAMPUS EXPANSION BY ASSERTING LACK OF LEGISLATIVE APPROPRIATION.
MEMORANDUM SUMMARY OF RECENT CASES AFFECTING CITIES Subject: California State University Cannot Avoid Paying for Mitigation Measures Necessitated by Campus Expansion by Asserting the Lack of a Legislative Appropriation. By: Keith F. Collins, Deputy City Attorney Date: August 18, 2015 Summary On August 3, 2015, the California Supreme Court rejected the California […]
TRIAL VICTORY — “Defense Verdict Obtained In Admitted Liability Case
DEFENSE VERDICT OBTAINED IN ADMITTED LIABILITY CASE Senior Litigator, Harold W. Potter, obtained a defense verdict on May 4, 2015, on an admitted liability case. The jury concluded the accident did not cause plaintiff’s injuries and damages. The lawsuit stemmed from a multi-vehicle accident caused by an on-duty police detective driving an unmarked city owned […]
Vol. 30 No. 13 Stress Caused by a Supervisor’s Oversight is not a Disability
On May 26, 2015 the Third District Court of Appeals held, in Higgins-Williams v. Sutter Medical Foundation, that “an inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of job performance is not a disability recognized in California’s Fair Employment and Housing Act (FEHA; Gov. Code, […]
Vol. 30 No. 12 U.S. Supreme Court Holds that a Convicted Felon May Transfer Firearms Owned by the Felon to a Third Party Under Certain Circumstances
On May 18, 2015, the U.S. Supreme Court ruled, unanimously, in the case of Henderson v. United States, that 18 U.S.C. section 922(g), which prohibits a felon from possessing a firearm, did not bar the transfer of firearms owned by the felon to a third party, unless the transfer would permit the felon to later […]
Vol. 30 No. 11 U.S. Supreme Court “Ducks” ADA Issue Involving Police and Violent Mentally Ill Persons
On May 18, 2015, the U.S. Supreme Court ruled 6 – 2 in City and County of San Francisco v. Sheehan, that police officers who forcibly entered the room of a woman with a mental disability and shot her are entitled to qualified immunity from a lawsuit seeking redress for the woman’s injuries, because there […]
Greg Palmer presents Public Records Request Act training in Walnut Creek, CA
Vol. 30 No. 10 ALPR Data Exempt from CPRA Disclosure
ALPR DATA EXEMPT FROM CPRA DISCLOSURE On May 6, 2015, the Second District Court of Appeal ruled, unanimously, in ACLU et al. v. Superior Court of Los Angeles County (County of Los Angeles, et al.) that “the California Public Records Act (CPRA) exemption for law enforcement records of investigations [Gov. Code, § 6254, subd. (f)] […]
Greg Palmer presents Public Records Request Act training in Ridgecrest, CA
Voter-approved Reduction in Pension Benefits Largely Struck Down by Court of Appeal
I. Summary On March 27, 2015, the California Court of Appeal ruled that a city cannot retroactively cut pension benefits. In Protect our Benefits v. City & County of San Francisco , the Court decided that a voter approved initiative to amend the charter of the City and County of San Francisco to only pay […]