Vol. 27 No. 13 – Constitutional Law (Pitchess Motions)
CONSTITUTIONAL LAW- PITCHESS MOTIONS Case Name – Rezek v. Superior Court (California Court of Appeal—2012 Cal. App. LEXIS 630—May 25, 2012) Summary – When a defendant seeks statements of witnesses to the charged incident that are contained in a peace officer’s personnel file, the officer’s privacy interests are implicated less than when the information sought pertains […]
Vol. 27 No. 12 – County Property, Gun Shows, and the Second Amendment
COUNTY PROPERTY, GUN SHOWS, AND THE SECOND AMENDMENT On June 1, 2012 the Ninth Circuit U. S. Court of Appeal, in a unanimous en banc decision, ruled in Nordyke v. Alameda County Board of Supervisors, 2012 U.S. App. LEXIS 11076, that Alameda County’s (modified) ban on guns being sold on county property did NOT violate the Second Amendment to […]
Senior Associate Paul Coble obtains a voluntary dismissal with prejudice in a civil action accusing a police department of imposing an unlawful arrest quota in violation of Vehicle Code §41602
An officer had an extraordinarily low level of arrest activity while working patrol, making only about 30 arrests in an entire year and with most of those being for outstanding warrants. Supervision recognized that, based on the collective experience of that department, a reasonably attentive officer would, with a modicum of effort, make many times […]
ADA/Medical Marijuana Case is Affirmed by Ninth Circuit Court of Appeal’s Published Opinion in favor of Jones & Mayer Attorneys Representing the City of Costa Mesa
James v. City of Costa Mesa, __ F.3d ___ (2012); 2012 U.S. App. LEXIS 10168. Jones & Mayer was 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 in James v. City of […]
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 […]