Vol. 27 No. 7 – Qualified Immunity Is Available When Actions Are Objectively Reasonable
QUALIFIED IMMUNITY IS AVAILABLE WHEN ACTIONS ARE OBJECTIVELY REASONABLE On February 22, 2012, in the case of Messerschmidt et al. v. Millender et al., the United States Supreme Court reversed a decision from the Ninth Circuit U.S. Court of Appeals which had denied officers qualified immunity from civil liability after they executed a search warrant issued […]
Vol. 27 No. 8 – Ninth Circuit Says It’s OK To Take DNA From Felony Arrestees
NINTH CIRCUIT SAYS IT’S OK TO TAKE DNA FROM FELONY ARRESTEES On March 1, 2012, the Ninth Circuit U.S. Court of Appeal, in a 2-1 decision, in the case ofHaskell v. Harris, held that requiring persons, arrested on felony charges, to provide a DNA sample was not unconstitutional. In 2004, California’s DNA and Forensic Identification […]
Vol. 27 No. 14 – More Changes to PERS Rules Regarding Retired Annuitants
MORE CHANGES TO PERS RULES REGARDING RETIRED ANNUITANTS Pursuant to the Public Employees’ Retirement Law (PERL), once one retires from PERS, he/she can no longer work for a PERS agency, unless an exception applies. California Government Code 21220 states, in part, that “(a) A person who has been retired under this system, for service or for disability, may […]
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.