Vol. 37 No. 5 A JURY COULD INFER THAT A POLICE OFFICER WAS ACTING WITHIN THE SCOPE OF HIS EMPLOYMENT WHEN HE NEGLIGENTLY LEFT HIS FIREARM IN HIS VEHICLE AFTER RETURNING HOME FROM WORK

In Perez v. City & Cnty. of S.F., 2022 Cal. App. LEXIS 171 (1st Dist. Mar. 1, 2022), the Court of Appeal concluded that a jury could reasonably find a nexus between a police department’s enterprise of policing and the risk that one of its officers would negligently fail to secure a Department-approved firearm upon […]

Harold Potter’s “Celebration of Life” Service

There will be a “Celebration of Life” service for Harold W. Potter on Saturday, May 7, 2022, at 2:00 PM at Long Beach First Church of the Nazarene, 2280 Clark Ave., Long Beach, CA 90815. In lieu of flowers, there will be a scholarship established in his honor at his beloved alma mater, Point Loma […]

Vol. 37 No. 6 ARREST INFORMATION WAS NOT SUBJECT TO PUBLIC DISCLOSURE BECAUSE THE DISCLOSURE MANDATE IN THE GOVERNMENT CODE REGARDING ARRESTS EXTENDED ONLY TO INFORMATION PERTAINING TO CONTEMPORANEOUS POLICE ACTIVITY

In Kinney v. Superior Court, 2022 Cal. App. LEXIS 293 (5th Dist. Apr. 7, 2022), the Court of Appeal determined that arrestee name information was not subject to public disclosure under Government Code section 6254(f)(1), because the disclosure mandate regarding arrests extended only to information pertaining to contemporaneous police activity and the information sought, which […]

Vol. 37 No. 7 PLAINTIFF’S SHOWING THAT THE PROSECUTION ENDED WITHOUT A CONVICTION IS ENOUGH TO SUPPORT THE FAVORABLE TERMINATION ELEMENT OF A 42 U.S.C. SECTION 1983 FOURTH AMENDMENT MALICIOUS PROSECUTION CLAIM

In Thompson v. Clark, 212 L. Ed. 2d 382 (2022), the United States Supreme Court held that to demonstrate a favorable termination of a criminal prosecution for purposes of the Fourth Amendment claim under Section 1983 for malicious prosecution, a plaintiff need not show that the criminal prosecution ended with some affirmative indication of innocence. […]

Congratulations, Onerous California Bar Exam

Jones Mayer is proud to announce that attorneys Lauren L’Ecuyer and Marcellus Mosley have recently passed the California bar exam. Ms. L’Ecuyer, a University of Arizona College of Law graduate, is a labor and employment, litigation, and municipal law expert. Before joining Jones Mayer, Ms. L’Ecuyer worked in plaintiff and defendant litigation. Mr. Mosley, current […]

Jeremy Warren joins team as an Associate Attorney

Jones Mayer is excited to announce that Jeremy Warren has joined our team as an Associate Attorney, focusing on civil rights litigation, police representation, torts, and personal injury claims.  Mr. Warren is a former Deputy District Attorney and has experience prosecuting severe and violent felonies, gang cases, and juvenile court cases. He received his law […]

Vol 37. No. 9 SUPREME COURT EXPANDS SECOND AMENDMENT RIGHTS, STRIKING DOWN NEW YORK’S “PROPER CAUSE” REQUIREMENT FOR ISSUANCE OF A CCW

In a 6-3 decision, the United States Supreme Court in, New York State Rifle & Pistol Association, Inc., et al., v. Bruen,[1] determined that the State of New York’s requirement that applicants for concealed carry weapons permits must establish “proper cause” for issuance of the permit was unconstitutional under the Second and Fourteenth Amendments because […]

Vol. 38 No. 4 PLAINTIFF’S EXCESSIVE FORCE AND FALSE ARREST CLAIMS WERE NOT BARRED BY THE HECK DOCTRINE BECAUSE HIS NO CONTEST PLEA WAS NOT ENTERED AS AN ACTUAL CONVICTION

In Duarte v. City of Stockton,[1] the Ninth Circuit Court of Appeals concluded that that Heck v. Humphrey bar did not apply when criminal charges were dismissed after entry of a plea that was held in abeyance pending the defendant’s compliance with certain conditions. Background In May 2015, Francisco Duarte was in a public area […]