Vol. 27 No. 11 – Ninth Circuit: Medical Marijuana Use Constitutes “Illegal Drug” Under the Americans with Disabilities Act
NINTH CIRCUIT: MEDICAL MARIJUANA USE CONSTITUES “ILLEGAL DRUG USE” UNDER THE AMERICANS WITH DISABILITIES ACT Recently, Jones & Mayer were successful in urging the Ninth Circuit Court of Appeals to affirm the denial of a preliminary injunction against the enforcement of the City of Costa Mesa’s prohibition of medical marijuana dispensaries. On May 21, 2012, the […]
Vol 27 No. 10 – Contract Attorneys Working For the Public Sector Can Ask For Qualified Immunity
CONTRACT ATTORNEYS WORKING FOR THE PUBLIC SECTOR CAN ASK FOR QUALIFIED IMMUNITY On April 17, 2012, the United States Supreme Court, in a unanimous decision in the case ofFilarsky v. Delia, held that a private individual temporarily retained by the government to carry out its work is entitled to seek qualified immunity from suit under §1983. […]
WTLC, a domestic violence shelter and transitional housing provider, chaired by Partner Kimberly Hall Barlow, is selected by Fullerton Chamber of Commerce for 2012 Quality of Life Award
WTLC, a domestic violence shelter and provider of transitional housing services, chaired by Partner Kimberly Hall Barlow, was just selected as the Fullerton Chamber of Commerce’s Quality of Life Award Recipient for 2012. Join us in congratulating WTLC for its service to the community at the Chamber Awards Dinner on June 20, 2012.
Vol. 27 No. 9 – Strip Searches Permitted For All Persons Going Into General Jail Population
STRIP SEARCHES PERMITTED FOR ALL PERSONS GOING INTO THE GENERAL JAIL POPULATION On April 2, 2012, the United States Supreme Court ruled, in a 5-4 decision, that visual body searches of arrestees being placed in the general jail population are constitutional, regardless of the nature of the underlying offense. In the case of Florence v. Board of […]
CSSA Magazine Article – Determining If An Employee Is Fit Or Not Fit For Duty — What Are The Issues?
DETERMINING IF AN EMPLOYEE IS FIT OR NOT FIT FOR DUTY – WHAT ARE THE ISSUES? By: Martin J. Mayer, General Counsel California State Sheriffs’ Association California Government Code Section 1031 states, in part, that “(e)ach class of public officers or employees declared by law to be peace officers shall meet all of the following […]
CSSA Magazine Article – What Are “Reasonable Accomodations” for a Peace Officer with a Disability?
WHAT ARE “REASONABLE ACCOMMODATIONS” FOR A PEACE OFFICER WITH A DISABILITY? By Martin J. Mayer, General Counsel California State Sheriffs’ Association California’s Fair Employment and Housing Act (FEHA), Gov. Code §12940 states, in part, that: “It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable […]
Vol. 29, No. 17 Supreme Court Denies Review on California Prison Case
U.S. SUPREME COURT DENIES REVIEW ON CALIFORNIA PRISON CASE On June 9, 2014, the U.S. Supreme Court denied California’s petition for review of the decision in Armstrong v. Brown, which had held that California’s prison officials failed to monitor and protect former inmates who were returned to county jails instead of state prisons for parole […]
Vol. 29 No. 6 – CCW PERMITS, THE NINTH CIRCUIT RULING, AND CONFUSION
CCW PERMITS, THE NINTH CIRCUIT RULING, AND CONFUSION On February 13, 2014, a three judge panel of the Ninth Circuit U.S. Court of Appeals, in the case of Peruta, et al. v. County of San Diego and William D. Gore, Sheriff, ruled 2 -1 that “San Diego County’s ‘good cause’ permitting requirement [to issue a […]
Vol. 29 No. 5 – Ninth Circuit Invalidates California’s “Good Cause” Requirement for Issuance of CCW
NINTH CIRCUIT INVALIDATES CALIFORNIA’S “GOOD CAUSE” REQUIREMENT FOR ISSUANCE OF CCW PERMIT On February 13, 2014, in the case of Peruta, et al v. County of San Diego, et al., the Ninth Circuit U. S. Court of Appeals, in a 2-1 decision, invalidated California’s requirement that CCW applicants show “good cause” to be granted a concealed […]
Vol. 29 No. 4 – Legislation Proposes Representation For Peace Officers Who Are Witnesses
LEGISLATION PROPOSES REPRESENTATION FOR PEACE OFFICERS WHO ARE WITNESSES As of January 30, 2014, Senate Bill 388, proposed by State Senator Ted Lieu (Torrance), has passed the Senate and is in the Assembly for consideration. SB 388 would create a right of representation for an officer who is not the subject of any investigation, but […]