Vol. 36. No. 17 GOVERNMENT ENTITLED TO QUALIFIED IMMUNITY IN PLAINTIFF’S ACTION ALLEGING THAT GOVERNMENT EMPLOYER VIOLATED HIS FIRST AMENDMENT RIGHTS BY DISCIPLINING HIM FOR PROTECTED SPEECH
In Ohlson v. Brady,[1] the Ninth Circuit Court of Appeals determined that public agency defendants were entitled to qualified immunity in an employee’s action alleging the defendants violated the employee’s First Amendment rights by disciplining him for protected speech. In reaching its conclusion, the Court found no clearly established law on the issue of whether […]
Vol. 36. No. 16 AFTER PASSAGE OF PROPOSITION 64, POSSESSION OF CANNABIS IN PRISON REMAINS A VIOLATION OF PENAL CODE SECTION 4573.6
In People v. Raybon,[1] the California Supreme Court concluded that possession of cannabis in prison remains a violation of Penal Code section 4573.6, even after Proposition 64 generally legalized adult possession of up to 28.5 grams of cannabis, subject to certain exceptions. Background Penal Code section 4573.6 makes it a felony to possess a controlled […]
VOL. 36 NO. 15 STATUTORY CHANGE TO LAW ENFORCEMENT USE OF SOCIAL MEDIA
On July 23, 2021, AB1475 was signed and chaptered into law, and will take effect on January 1, 2022. The bill creates limitations on the ability of law enforcement agencies to disseminate booking photos on social media. The legislation also has retroactive reach to content already in existence or that might be created in the […]
Vol. 36 No. 20 A POLICE CHIEF WAS NOT ENTITLED TO QUALIFIED IMMUNITY WHEN AN OFFICER ASSERTED THAT SHE HAD BEEN RETALIATED AGAINST FOR FILING SEX-DISCRIMINATION LAWSUITS
In the case of Ballou v. McElvain,[1] the Ninth Circuit Court of Appeals affirmed the denial of qualified immunity to a police chief on an officer’s First Amendment retaliation claim, holding that the officer’s speech opposing workplace sex discrimination was inherently speech on a matter of public concern and was clearly protected by the First […]
Vol. 37 No. 3 DISTRICT COURT CORRECTLY APPLIED THE PURPOSE-TO-HARM TEST BECAUSE POLICE OFFICERS DID NOT HAVE TIME TO DELIBERATE BEFORE SHOOTING DECEDENT
In Ochoa v. City of Mesa,[1] the Ninth Circuit Court of Appeals concluded that because officers who shot and killed a decedent did not have time to deliberate before firing, the District Court correctly applied the purpose-to-harm test to determine if the officers’ conduct shocked the conscience under the Fourteenth Amendment. The Court of Appeals […]
Vol. 37 No. 2 OSHA EMERGENCY RULE REQUIRING EMPLOYEES OF LARGE EMPLOYERS TO BE EITHER FULLY VACCINATED AGAINST THE COVID-19 VIRUS, OR ELSE TO BE MASKED AND WEEKLY TESTED, EXCEEDS OSHA’S STATUTORY AUTHORITY
In a 6-3 decision, the United States Supreme Court in Nat’l Fed’n of Indep. Bus. v. DOL[1] granted a stay of the Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing; Emergency Temporary Standard.[2] The standard would have required employees of large employers to be fully vaccinated, or else obtain weekly medical tests and wear […]
Vol. 37 No. 1 A POLICE OFFICER WAS ENTITLED TO QUALIFIED IMMUNITY BECAUSE PLAINTIFF JOURNALIST DID NOT IDENTIFY A CLEARLY ESTABLISHED RIGHT THAT THE OFFICER VIOLATED
In Saved Magazine v. Spokane Police Department,[1] the Ninth Circuit Court of Appeals determined that an officer was entitled to qualified immunity because the Court was unaware of any precedent that would alert an officer that his enforcement of separate protest zones would violate clearly established First Amendment law. In reaching its conclusion, the Court […]
Vol. 36 No. 26 CALIFORNIA STATUTE PROHIBITING POSSESSION OF LARGE-CAPACITY MAGAZINES IS A REASONABLE FIT FOR THE IMPORTANT GOVERNMENT INTEREST OF REDUCING GUN VIOLENCE
In Duncan v. Bonta,[1] the en banc Ninth Circuit Court of Appeals held that a California statute which banned possession of magazines holding more than ten rounds of ammunition was a reasonable fit for the compelling goal of reducing gun violence. The Court therefore reversed the District Court’s grant of summary judgment to Plaintiffs on […]
Vol. 36 No. 25 A PLAINTIFF FAILED TO PLAUSIBLY ALLEGE THAT AN OFFICER VIOLATED A DETAINEE’S CONSTITUTIONAL RIGHT TO ADEQUATE MEDICAL TREATMENT
In J. K. J. v. City of San Diego,[1] the Ninth Circuit Court of Appeals affirmed a dismissal of an action alleging constitutional violations by police officers in their treatment of a woman who was arrested at a traffic stop, fell ill while in police custody, and died nine days later. Background In November 2018, […]
Vol. 36 No. 24 GOVERNOR SIGNS ASSEMBLY BILL 481 ESTABLISHING NEW REQUIREMENTS ON THE WAY AGENCIES FUND, ACQUIRE, AND USE MILITARY EQUIPMENT
On September 30, 2021, Governor Newsom signed Assembly Bill 481 (“AB 481”), which will become effective on January 1, 2022.[1] AB 481 stated goals are to provide legally enforceable safeguards to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. Background Existing law designates the Department […]