Vol. 35 No. 32 GENUINE ISSUE OF FACT EXISTED AS TO WHETHER DEFENDANT USED EXCESSIVE FORCE IN BRIEFLY KNEELING ON PLAINTIFF’S BACK
In a case filed on October 27, 2020, in Cortesluna v. Luna,[1] the Ninth Circuit Court of Appeals reversed the lower court’s grant of summary judgment to an officer who the plaintiff claimed used excessive force. In reaching its conclusion, the Court determined that the officer was not entitled to qualified immunity for briefly placing […]
Reactive v Proactive Code Enforcement
Enforcement agencies throughout California are looking for better ways to encourage private property owners to comply with health and safety regulations. Traditional approaches to code enforcement tend to be reactive, relying on complaints from the public to spark action. This approach has been referred to by some courts as a “passive enforcement scheme” and has […]
Vol. 35 No. 31 OFFICER ENTITLED TO QUALIFIED IMMUNITY IN OFFICER-INVOLVED SHOOTING
The Ninth Circuit Court of Appeals in Ventura v. Rutledge[1] concluded that an officer who used deadly force was entitled to qualified immunity. In reaching its conclusion, the Court determined that no existing precedent squarely governed the specific facts here, where the officer shot and killed a man who (1) had a drawn knife as […]
Health and Safety Receiverships Can Be Powerful Enforcement Tools
Persistent health and safety code violations can be exceptionally difficult to resolve using many of the enforcement tools in an agency’s tool kit. While enforcement actions wind their way through processes that can be long and slow, unsafe conditions remain. California’s public health laws allow local agencies to ask the courts to place noncompliant properties […]
Exception to mobile billboard ordinance for “authorized vehicles” is likely an invalid content-based restriction on free speech.
Summary A city ordinance that prohibited mobile billboards except for “authorized vehicles” including emergency vehicles and construction/maintenance vehicles is a content-based restriction on free speech and presumptively invalid. Discussion In 2016, the City of Simi Valley (“City”) adopted an ordinance that prohibits the parking or standing of mobile billboard advertising displays on city streets. The […]
Effective Affordable Housing Strategies for California Municipalities
California’s affordable housing crisis is among the most pressing governance challenges for state and local governments. Our state is not alone: major cities around the country are grappling with how to create policies that will ensure access to quality housing for all residents, not just those in the upper income brackets. Tackling the affordable housing […]
Partner James Touchstone Publishes Article in California Police Chief Magazine
Jones & Mayer partner James Touchstone is proud to have his most recent article published in the Winter 2020 issue of California Police Chief Magazine, published by the California Police Chiefs Association (CPCA). The article, titled “Leadership in a time of Legal Uncertainty,” can be found on page 8 of the latest issue, accessible by […]
Local Policies Restricting Advertising Must Walk a Fine Line
Regulating outdoor advertising has been a controversial topic for cities ever since billboards gained popularity in the 1870s. Balancing a property owner’s use rights, the free speech rights of individuals and organizations, and the public’s interest in maintaining their hometown’s appearance has created a patchwork of legal frameworks throughout the country. A recent case before […]
Vol. 36 No. 3 FACTUAL DISPUTES PREVENTED COURT’S DETERMINATION OF PLAINTIFF’S FIRST AMENDMENT CLAIM UNDER PICKERING BALANCING TEST
In Moser v. Las Vegas Metro. Police Dept., the Ninth Circuit Court of Appeals held that a federal District Court did not adequately address the objective meaning of a police officer’s Facebook comment in its analysis under a United States Supreme Court test to weigh the officer’s First Amendment right against the government’s interest in […]
Can California Public Agencies Mandate COVID-19 Vaccines for Employees?
The long-anticipated arrival of vaccines has moved the COVID-19 pandemic into a new chapter. The phased rollout of vaccines is expected to take months. As adoption of the vaccine becomes widespread, society will hopefully return to normalcy, including returning to in-person work. Public sector employers in California are beginning to study their policy positions regarding […]