VOL. 36 NO. 21 CALIFORNIA ASSEMBLY BILL 32 IMPEDES FEDERAL IMMIGRATION POLICY

In October 2021, the Ninth Circuit Court of Appeals in GEO Grp., Inc. v. Newsom,[1] reversed a District Court’s order denying the United States’ motion for a preliminary injunction against a California law that phases out private detention facilities within the state.  The Court concluded that, because California Assembly Bill 32 (“AB 32”) conflicts with […]

Vol. 36 No. 22 SUPREME COURT CONCLUDES THAT POLICE OFFICERS DID NOT VIOLATE ANY CLEARLY ESTABLISHED LAW, AND WERE THUS ENTITLED TO QUALIFIED IMMUNITY

In October 2021, the United States Supreme Court, in its per curiam decision City of Tahlequah v. Bond,[1] concluded that a Circuit Court of Appeals erred in denying police officers qualified immunity.  In reaching its conclusion, the Supreme Court found that there was no clearly established law with the appropriate level of specificity to align […]

Vol. 36 No. 14 Update: Executive Decisions and the COVID-19 Vaccines

The persistence of the COVID-19 pandemic, the transmissibility associated with the Delta variant, and differing beliefs about personal autonomy and the role of government in mandating methods of illness prevention have again brought the issue of mandatory vaccines to the center of public policy.  The purpose of this Alert is to provide law enforcement executives […]

Vol. 36 No. 6 THE COURT OF APPEAL RESOLVED THE CONFLICT BETWEEN AN SB1421 DISCLOSURE WHICH VIOLATED A PROVISION OF A SETTLEMENT AGREEMENT IN A DISCIPLINARY ACTION AND DECIDED WHAT THE “FINAL DETERMINATION OF SUSTAINED DISCIPLINE” MEANS IN SB1421

The First District Court of Appeal in Collondrez v. City of Rio Vista, (2021) 61 Cal. App. 5th 1039, issued a decision in which a settlement agreement following a disciplinary action involving a peace officer promised confidentiality in the internal investigative documentation which led to the discipline.  The Court of Appeal determined that SB 1421 […]

California Law Enforcement and Body-Worn Cameras in 2021

The widespread adoption of body-worn cameras (BWCs) by law enforcement agencies throughout the United States has transformed public expectations of transparency and accountability in policing. While much of the transparency brought by BWCs has had a positive influence on policing, it has also created complex challenges. This article summarizes important elements of California law that […]

Vol. 36 No. 5 REHEARING EN BANC, NINTH CIRCUIT COURT CONCLUDES THAT INDIVIDUALS DO NOT HAVE A SECOND AMENDMENT RIGHT TO CARRY FIREARMS OPENLY IN PUBLIC

In Young v. Hawaii, the en banc Ninth Circuit Court of Appeals held that the Second Amendment does not guarantee an unfettered, general right to openly carry arms in public.  In reaching its conclusion, the Court concluded that the State of Hawaii’s restrictions on the open carrying of firearms reflect longstanding prohibitions, and therefore, the […]

Voter initiative ballot measures to impose special taxes do not need 2/3 voter approval

Summary In City and County of San Francisco v. All Persons Interested in Matter of Proposition C, 51 Cal. App. 5th 703 (2020), the California Court of Appeal held that San Francisco’s (“City”) Proposition C (“Prop C”) was validly passed by the electorate with a simple majority. Prop C was a voter-sponsored initiative that imposed […]

Vol. 36 No. 7 PUBLIC SAFETY OFFICERS PROCEDURAL BILL OF RIGHTS SECTION 3303(G) DOES NOT REQUIRE AUTOMATIC DISCLOSURE OF REPORTS AND COMPLAINTS PRIOR TO ANY FURTHER INTERROGATION OF AN OFFICER UNDER INVESTIGATION

In Oakland Police Officers’ Ass’n v. City of Oakland, the California First District Court of Appeal concluded that the Public Safety Officers Procedural Bill of Rights, Government Code Section 3303(g) does not require automatic disclosure of reports and complaints prior to any further interrogation of an officer under investigation.  Instead, the investigating agency’s disclosure obligations […]