Vol. 35 No. 1 NINTH CIRCUIT RULES THAT DISTRICT COURT ABUSED ITS DISCRETION IN PRECLUDING TESTIMONY CONCERNING MENTAL ILLNESS OF DECEDENT OF WHICH OFFICER WAS UNAWARE AT TIME OF INCIDENT
In the case entitled Crawford v. City of Bakersfield,[1] the Ninth Circuit Court of Appeals vacated a district court’s judgment in favor of a police officer after a jury trial found in favor of the officer for the fatal shooting of an individual that was attacking the officer with a metal club. During the incident, […]
Vol. 34 No. 41 IN DOMESTIC VIOLENCE CASE, NINTH CIRCUIT DETERMINES THAT THE STATE-CREATED DANGER DOCTRINE MAY APPLY WHEN OFFICER COMMENTS CONVEY TO ABUSER THAT ABUSE MAY CONTINUE
In the case of Martinez v. City of Clovis,[1] the Ninth Circuit Court of Appeals determined that two police officers violated a domestic abuse victim’s due process rights under the state-created danger doctrine due to their conduct, yet were entitled to qualified immunity because the law did not clearly established the violation at the time. […]
Vol. 34 No. 40 AS OF JANUARY 1, 2020, EVERY LOCAL LAW ENFORCEMENT AGENCY IS REQUIRED TO CONSPICUOUSLY POST ON THEIR WEBSITES ALL CURRENT STANDARDS, POLICIES, PRACTICES, OPERATING PROCEDURES, AND EDUCATION AND TRAINING MATERIALS THAT WOULD OTHERWISE BE PUBLICLY AVAILABLE UPON A CPRA REQUEST
In October 2018, then Governor Jerry Brown signed Senate Bill 978 (SB 978) into law. Effective January 1, 2020, the Commission on Peace Officer Standards and Training (POST) and each local law enforcement agency are required to “conspicuously post” on their Internet Web sites “all current standards, policies, practices, operating procedures, and education and training […]
City council meeting agendas must be posted prominently on a city’s internet homepage and must be searchable by commonly used internet search applications
SUMMARY In 2016, the Legislature adopted Assembly Bill 2257 (“AB 2257”) which amended Government Code Section 54954.2 by adding new requirements for posting city council agendas. Effective January 1, 2019, Gov. Code Section 54954.2(a)(2) requires that meeting agendas for all “legislative bodies” be posted on a city’s internet homepage, be retrievable, downloadable, indexable, electronically searchable, […]
Cities cannot limit public comments at special meetings based on comments at prior, distinct meetings.
SUMMARY On February 22, 2019, the California Second District Court of Appeal, in Preven v. City of L.A.,1 held that while the Brown Act allows for restricting public comment under certain conditions at regular meetings, the Act does not permit limiting comment at special city council meetings based on public comments at prior, distinct committee […]
We are excited to announce our Northern California office has moved to Citrus Heights!
We are excited to announce our Northern California office has moved to Citrus Heights! Our new address is 6349 Auburn Blvd, Citrus Heights, CA 95621. We are looking forward to being a part of the Citrus Heights community.
Vol. 22 No. 8- Rent to a Pot Dispensary – Go to Jail
“RENT TO A POT DISPENSARY-GO TO JAIL” July 18, 2007 Recently, the Federal Drug Enforcement Administration notified approximately 150 Los Angeles landlords that if they rent properties for use as medical marijuana dispensaries they face arrest, incarceration and loss of those properties. Timothy J. Landrum, DEA special agent in charge of the Los Angeles office, […]
Vol. 21 No. 15- Sheriffs And Attorney’s Fees- The Latest Decision
SHERIFFS AND ATTORNEY’S FEES- THE LATEST DECISION October 27, 2006 As many of you will recall, the Kern County Board of Supervisors sued retired Sheriff Carl Sparks (2 ½ years after his retirement) alleging that he had filed false claims when he authorized premium pay for various commanders in his department. The premium pay was […]
Vol. 21 No. 14- Peace Officer Personnel Information And The Public Records Act
PEACE OFFICER PERSONNEL INFORMATION AND THE PUBLIC RECORDS ACT September 11, 2006 On August 31, 2006 , the California Supreme Court, affirmed that peace officer personnel information is confidential, even if the officer appeals discipline administratively. In the case ofCopley Press v.Superior Court (County of San Diego), 2006 DAR 11839, the Supreme Court reversed the […]
Vol. 21 No. 13- Getting Paid For Getting Dressed?
GETTING PAID FOR GETTING DRESSED? August 15, 2006 Rains, Lucia & Wilkinson (“RL&W”) is a highly respected labor law firm, which represents numerous law enforcement officers and associations, and is based in northern California . On August 1, 2006, it published a “Client News Bulletin” entitled “Getting Paid for Getting Dressed” and concludes that, “the […]