Vol. 35 No. 26 NINTH CIRCUIT FINDS THAT CALIFORNIA GOVERNMENT CODE SECTION 32310, WHICH BANS POSSESSION OF LARGE-CAPACITY MAGAZINES (“LCMs”), VIOLATES THE SECOND AMENDMENT
On August 14, 2020, the Ninth Circuit Court of Appeals in Duncan v. Becerra,[1] held that a California statute that banned possession of large-capacity magazines (“LCMs”) holding more than ten rounds of ammunition, violated the Second Amendment. In reaching its conclusion, the Court held that California Penal Code section 32310 burdened protected conduct and, applying […]
Vol. 35 No. 25 POLICE OFFICERS’ USE OF DEADLY FORCE WAS REASONABLE WHERE DRIVER ATTEMPTING TO FLEE IGNORED COMMANDS TO STOP AND DROVE NEAR, TOWARD, AND AMONGST THE OFFICERS
In the July 2020 case of Monzon v. City of Murrieta,[1] the Ninth Circuit Court of Appeals concluded that officers acted in an objectively reasonable manner in their use of deadly force on a driver of a van who posed an immediate threat to officers. In reaching its conclusion, the Court noted that the driver […]
Vol. 35 No. 24 THE CALIFORNIA SUPREME COURT UPHOLDS THE “CALIFORNIA RULE” IN CASE OF ALAMEDA COUNTY DEPUTY SHERIFF’S ASSOCIATION v. ALAMEDA COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION
Background The California Supreme Court recently reviewed the validity of the “California Rule” in the context of the case entitled Alameda County Deputy Sheriff’s Ass’n v. Alameda County Employees’ Retirement Ass’n.[1] The Court began its analysis with a discussion of the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”; Stats. 2012, ch. 296, section […]
Vol. 35 No. 23 DISTRICT COURT ABUSED ITS DISCRETION IN GRANTING NATIONWIDE INJUNCTIVE RELIEF BARRING DOJ FROM USING THREE NEW CONDITIONS AS FUNDING REQUIREMENTS FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANTS
In the July 2020 case of City & Cnty. of S.F. v. Barr,[1] the Ninth Circuit Court of Appeals upheld a permanent injunction barring the United States Department of Justice from imposing certain conditions for providing funding for state and local criminal justice programs through Edward Byrne Memorial Justice Assistance Grants. However, the Court determined […]
Vol. 35 No. 22 POLICE OFFICERS’ FAILURE TO PRECISELY COMPLY WITH POLICE DEPARTMENT TOWING POLICY’S INVENTORY SEARCH DIRECTION DID NOT RENDER SEARCH INVALID
In United States v. Magdirila,[1] filed on June 23, 2020, the Ninth Circuit Court of Appeals affirmed a District Court’s denial of a criminal defendant’s motion to suppress contraband found during an inventory search of a vehicle he was driving. In reaching its decision, the Court held that police officers’ failure to precisely comply with […]
Vol. 35 No. 9 GUIDANCE TO LAW ENFORCEMENT AGENCIES DURING COVID-19 STATE OF EMERGENCY
The pandemic circumstances we all face are placing tremendous demands on law enforcement personnel. Among organizational priorities is determining how to apply law enforcement authority under conditions not ordinarily encountered during general agency operations. This alert is intended to bring together statutory authority and Executive Orders as an accessible reference for law enforcement leaders. Existing […]
We are pleased to announced that Tarquin Preziosi was named Partner at Jones & Mayer
We are pleased to announced that Tarquin Preziosi was named Partner at Jones & Mayer on February 12, 2021. Tarquin joined the firm in 2015 and specializes in municipal law. He serves as General Counsel to the Rossmoor Community Services District, Assistant City Attorney for the City of Costa Mesa, and Deputy City Attorney for number of other cities. Tarquin graduated from the University of California, Hastings College of Law.
Vol. 37 No. 4 PLAINTIFF POLICE CHIEF’S EMPLOYMENT CONTRACT CREATED A HYBRID EMPLOYMENT RELATIONSHIP BETWEEN CITY AND PLAINTIFF WHERE EMPLOYMENT AS CHIEF WAS AT WILL BUT EMPLOYMENT AS LIEUTENANT WAS NOT AT WILL
In Joseph v. City of Atwater, 74 Cal. App. 5th 974 (5th Dist. 2022), the Court of Appeal held that an employment agreement created a hybrid employment relationship between a city and a plaintiff employed as a chief of police. In reaching its conclusion, the Court found that under the terms of the agreement, plaintiff’s […]
Vol. 36 No. 19 SUPREME COURT REVERSES NINTH CIRCUIT’S DECISION TO DENY OFFICER QUALIFIED IMMUNITY
In the case Rivas-Villegas v. Cortesluna,[1] the United States Supreme Court reversed the Ninth Circuit Court of Appeal’s decision denying qualified immunity to a police officer who placed his knee on the back of an armed suspect lying face-down on the ground for eight seconds during the handcuffing process. The Supreme Court determined that Ninth […]
Vol. 36 No. 18 BECAUSE PLAINTIFF NECESSARILY ADMITTED TO THE LAWFULNESS OF AN OFFICER’S ACTIONS IN HIS GUILTY PLEA, HIS EXCESSIVE FORCE CLAIM WAS BARRED
In Sanders v. City of Pittsburg,[1] the Ninth Circuit Court of Appeals affirmed the dismissal of a complaint brought pursuant to 42 U.S.C. section 1983 alleging police officers used excessive force when they deployed a police dog against plaintiff. The Court concluded that the claim was barred by Heck v. Humphrey, 512 U.S. 477 (1994), […]