Vol. 24 No. 19- Prison Litigation Update: The Federal Three – Judge court issued an order to Reduce the prison population by 40,000 Inmates
PRISON LITIGATION UPDATE: THE FEDERAL THREE – JUDGE COURT ISSUED AN ORDER TO REDUCE THE PRISON POPULATION BY 40,000 INMATES August 10, 2009 In our Client Alert dated February 10, 2009, we informed you that the Federal Three – Judge Court in the Coleman/Plata prison litigation had issued its tentative ruling indicating that the prison […]
Vol. 24 No. 18 – A follow-up to “flsa and ‘volunteerism’ by employees”
A FOLLOW-UP TO “FLSA AND ‘VOLUNTEERISM’ BY EMPLOYEES” July 9, 2009 We recently received an inquiry from a client asking whether the provisions of 29 CFR § 553.221(f) might alter the opinion we expressed in our June 2009 Client Alert concerning potential FLSA liability for officers driving to and from work in uniform and in […]
Vol. 25 No. 17- Medical marijuana patient can sue for value of destroyed marijuana
“MEDICAL MARIJUANA PATIENT CAN SUE FOR VALUE OF DESTROYED MARIJUANA” July 6, 2009 On July 1, 2009, the Third District Court of Appeal ruled, in the case of County of Butte v. Superior Court of Butte County (Williams), that a qualified patient or caregiver could sue to recover the value of marijuana plants he or […]
Vol. 24 No. 16 – FLSA and ‘Volunteerism’ by Employees
“FLSA AND ‘VOLUNTEERISM’ BY EMPLOYEES” June 18, 2009 A number of agencies have recently encountered the question of when, or even if, it is permissible for officers to volunteer for civic or charitable activities, while in uniform, without being compensated. An example of such volunteer activity has included a charitable program known as “Shop With […]
Vol. 24 No. 15- U. S. Supreme court relaxes rules on police interrogations without counsel
U. S. SUPREME COURT RELAXES RULES ON POLICE INTERROGATIONS WITHOUT COUNSEL June 16, 2009 The United States Supreme Court, in a 5 – 4 decision, in Montejo v. Louisiana, 173 L. Ed. 2d 955 (U.S. May 26, 2009) made it easier for police to interrogate a criminal suspect after an arraignment, without the presence of […]
Vol. 24 No. 14- U. S. SUPREME COURT REJECTS CHALLENGE TO PROP 215
U. S. SUPREME COURT REJECTS CHALLENGE TO PROP 215 May 19, 2009 The United States Supreme Court refused to hear the constitutional challenge, lodged by the counties of San Diego and San Bernardino, to Proposition 215. Both counties, in a unified action, sued the state of California claiming that, among other things, the requirement in SB […]
Vol. 24 No. 13 – Getting Paid For Getting Dressed – Current Status
“GETTING PAID FOR GETTING DRESSED”- CURRENT STATUS May 15, 2009 The debate over whether law enforcement officers are entitled to be compensated for getting dressed has been on-going for several years. In 2003, the Ninth Circuit U.S. Court of Appeals ruled in the case of Alvarez v. IBP, Inc., 339 F. 3d 894, that production […]
Vol. 24 No. 2-The Duty To Train Officers Is Unaffected By The Lack Of Reimbursement Sources
THE DUTY TO TRAIN OFFICERS IS UNAFFECTED BY THE LACK OF REIMBURSEMENT SOURCES January 28, 2009 We have been asked to re-issue the following Client Alert Memo which we first published in 2003. It addresses the on-going obligation to provide training to law enforcement officers even when there is a cut back in training funds. At […]
Vol. 25 No. 13- District Attorneys Demand Officers’ Dates Of Birth
DISTRICT ATTORNEYS DEMAND OFFICERS’ DATES OF BIRTH July 28, 2010 Law enforcement agencies have recently been contacted by various county district attorneys, demanding the dates of birth of all their officers so the D.A. can “run” them to determine if they have any criminal convictions. In most cases, the D.A.’s have stated that such action […]
Vol. 26 No. 28 – Cities Win Right To Ban Dispensaries
CITIES WIN RIGHT TO BAN DISPENSARIES Several significant state court decisions have been issued by the California Courts of Appeal over the past few weeks dealing with the issues of medical marijuana. On October 4, 2011, the Second District Court of Appeal ruled, in the case of Pack v. Superior Court of Los Angeles County […]