Vol. 30 No.18 County Jail Facilities May Be Required To Provide Attorney Contact Visits With Inmates
COUNTY JAIL FACILITIES MAY BE REQUIRED TO PROVIDE ATTORNEY CONTACT VISITS WITH INMATES On July 8, 2015, the California Supreme Court denied review of the Third District Court of Appeal decision entitled County of Nevada v. Superior Court (Siegfried), 236 Cal.App.4th 1001. The Court of Appeal held that the superior court did not abuse its discretion […]
Vol. 30 No. 17 The District Attorney Must Serve A Pitchess Motion Before Accessing A Peace Officer’s Personnel File
THE DISTRICT ATTORNEY MUST SERVE A PITCHESS MOTION BEFORE ACCESSING A PEACE OFFICER’S PERSONNEL FILE On July 6, 2015, the California Supreme Court unanimously overturned the case of People v. Superior Court (Johnson). The Supreme Court reversed the Court of Appeal decision, issued last fall, which held that when a peace officer was a material witness in […]
Vol. 30 No. 16 Objective Reasonableness Is The Standard Of Review For Uses Of Force On Pretrial Detainees
OBJECTIVE REASONABLENESS IS THE STANDARD OF REVIEW FOR USES OF FORCE ON PRETRIAL DETAINEES In a June 22, 2015, decision, the United States Supreme Court acted inKingsley v. Hendrickson, holding that uses of force on pretrial detainees will be evaluated on the standard of objective reasonableness, and not on the subjective knowledge or intent of an […]
Gregory Palmer presents Public Records Request Act training in Anaheim, CA
Oakland’s suit against Wells Fargo for predatory lending practices based on race can seek lost property-tax revenue
Summary In City of Oakland v. Wells Fargo & Co., 972 F.3d 1112 (9th Cir. Cal. 2020), the Ninth Circuit Court of Appeals held that cities can seek injunctive relief and recovery of lost property-tax revenue from banks that violate the Fair Housing Act by using predatory lending practices against minorities. The Ninth Circuit held […]
How California Cities Can Craft Better Office Space Deals
As cities grow, so do their governments. Since the population boom following the Second World War, cities in the American west have grappled with challenges associated with providing adequate space for their employees to work. Optimizing public resources over the long timeframes involved in real estate requires careful planning and sophisticated deal structures. The logic […]
State law addresses Brown Act implications of social media use by members of a legislative body
AB 992 In a world that communicates with posting, reposting, texting, screenshotting, tweeting, liking, disliking, happy or sad emojis and commenting on posts, it was inevitable that public officials would enter onto that internet “platform” and communicate their thoughts and ideas to anyone who had access to a computer. Instead of stepping into the local […]
Court of Appeal clarifies procedures and deadlines under Eminent Domain Law
Summary The Court of Appeal in Rutgard v. City of Los Angeles, 52 Cal. App. 5th 815 (2020) held that a public agency desiring to retain condemned property that has not yet been put to public use must adopt a reauthorization resolution within ten years of the initial resolution declaring the public need. The Court […]
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 […]