CSSA Magazine Article- Union Activity First Amendment Rights
“UNION ACTIVITY AND FIRST AMENDMENT RIGHTS” July, 2008 By: Martin J. Mayer JONES & MAYER On April 24, 2008, the First Circuit U.S. Court of Appeals issued a ruling in the case ofDavignon, et al. vs. Hodgson involving the plaintiffs’ claim that the sheriff suspended them from duty in retaliation for their First Amendment protected […]
Vol. 23 No. 12- State Will Appeal Medical Marijuana Ruling
STATE WILL APPEAL MEDICAL MARIJUANA RULING June 9, 2008 Just last week, on May 27, 2008, we published a Client Alert Memo (Vol. 23, No. 10) regarding a Court of Appeal decision in the case of People v. Kelly. In that case, the Court ruled that the statutory cap established by the legislature in SB […]
Vol. 23 No. 11- CPRA & Critical Incidents
CPRA & CRITICAL INCIDENTS June 5, 2008 Recently the California Attorney General published an official opinion (No. 07-208) concluding that, absent justification, law enforcement agencies are obligated to disclose names of public sector employees involved in critical incidents, such as officer involved shootings. Based upon statutory and case law we concur with the opinion of […]
Vol. 23 No. 10- Statutory Limit On Medical Marijuana Is Unconstitutional
STATUTORY LIMIT ON MEDICAL MARIJUANA IS UNCONSTITUTIONAL May 27, 2008 In 1996 California voters approved Proposition 215, the Compassionate Use Act [CUA], which granted limited immunity from criminal prosecution of those who possessed and used marijuana, if they qualified as medical users. On May 22, 2008, the California Court of Appeal, Second Appellate District ruled, in […]
CPOA Network Newsletter Article- Supervisors Not Responsible for Retaliation Under FEHA
SUPERVISORS NOT RESPONSIBLE FOR RETALIATION UNDER FEHA May, 2008 By: Martin J. Mayer CPOA Network Newsletter A significant “victory” for California employers, and their supervisors, has come about as the result of a recent Supreme Court decision. Supervisors can now relax, to some extent, and stop worrying about whether they will face litigation, and possible personal liability, when an adverse […]
Vol. 23 No. 16- AG Guidelines Regarding Medical Marijuana
AG GUIDELINES REGARDING MEDICAL MARIJUANA AUGUST 27, 2008 The California Attorney General has just released guidelines regarding California’s medical marijuana law, under the authority of Health & Safety Code section 11362.81(d). After the passage of Proposition 215, the Legislature passed SB 420, which created the Medical Marijuana Program Act (MMP), which was codified in the […]
California Sheriff- Public Employees, Politics and the First Amendment
Vol. 21, No. 4
California Sheriff- Employee Computers, E-mails, Text Messages B A Matter of Privacy
Vol. 23, No. 4
Vol. 23 No. 24- Court Rules State Law Limits Peace Officers From Entering A Home To Seize Firearms After Taking “5150” Into Protective Custody, Outside Of The Home
COURT RULES STATE LAW LIMITS PEACE OFFICERS FROM ENTERING A HOME TO SEIZE FIREARMS AFTER TAKING “5150” INTO PROTECTIVE CUSTODY, OUTSIDE OF THE HOME December 17, 2008 California state law limits the authority of peace officers to enter the home of a mentally ill person, who was taken into custody for psychiatric evaluation while outside […]
Vol. 23 No. 23- U.S. Supreme Court Rejects Garden Grove Case
U.S. SUPREME COURT REJECTS GARDEN GROVE CASE December 04, 2008 On December 1, 2008, the United States Supreme Court refused to review the case ofGarden Grove v. Superior Court (Kha). This case, as many of you will recall, involved the seizure of marijuana from Felix Kha, following a traffic stop. He subsequently produced a doctor’s recommendation […]