Effective Use of Statistics in Fair Housing Act Litigation
The Fair Housing Act (FHA), 42 U.S.C. § 3604, broadly prohibits discrimination on the basis of race, color, religion, sex, familial status, or national origin in transactions related to residential properties. The statute’s scope captures not only rental and sale transactions, but also “the provision of services or facilities in connection therewith,” advertising, lending, and […]
CSSA Magazine Article- Cost Recovery of Expenses Responding to DUI Incident
“COST RECOVERY OF EXPENSES RESPONDING TO DUI INCIDENTS” July, 2006 By: Martin J. Mayer JONES & MAYER There has been an ongoing debate surrounding the question of what expenses can law enforcement recover when responding to an incident caused by an intoxicated driver? The debate focused on how one defines an “incident” and, whether the […]
CSSA Magazine Article- Medical Marijuana: Law Enforcement’s “Rock and a Hard Place”
“MEDICAL MARIJUANA: LAW ENFORCEMENT’S “ROCK AND A HARD PLACE” January, 2007 By: Martin J. Mayer JONES & MAYER Approximately ten years ago, California voters approved Proposition 215 which, in essence, provides a defense to criminal prosecution for possession of marijuana when used for medical purposes. The proposition was subsequently codified as the “Compassionate Use Act” […]
CSSA Magazine Article- Officer’s Use of Force
“AN OFFICER’S USE OF FORCE: WHAT IS REASONABLE?” July, 2007 By: Martin J. Mayer JONES & MAYER The question of when law enforcement officers are entitled to use force, and what amount of force is reasonable, is a question which constantly plagues all peace officers. Over the course of the last year or so, and […]
California Sheriff- Multiple Case Decisions Impact Peace Officer’s Bill of Rights
Vol. 22, No. 2
CSSA Magazine Article- Confidentiality of Peace Officer Personnel Files Under Attack
“CONFIDENTIALITY OF PEACE OFFICER PERSONNEL FILES UNDER ATTACK” April, 2006 By: Martin J. Mayer General Counsel California State Sheriffs’ Association The law in the State of California explicitly states that peace officer personnel records and information contained therein are confidential. Government Code §832.7 has, for years, mandated confidentiality of personnel records of law enforcement officers. […]
CSSA Magazine Article- FLSA – Who is Exempt?
“FLSA – WHO IS EXEMPT?” January, 2006 By: Martin J. Mayer JONES & MAYER Not too long ago, the Federal Department of Labor modified Part 541 of the Code of Federal Regulations (CFR) regarding exemptions from the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). Questions have arisen, as a result […]
CPOA Magazine Article- Possession of Handguns – New Case Decisions
“POSSESSION OF HANDGUNS – NEW CASE DECISIONS” August, 2008 By: Martin J. Mayer JONES & MAYER In June, 2008, the United States Supreme Court issued a landmark decision in the case ofDistrict of Columbia v. Heller, 2008 DAR 9613. In a 5 – 4 decision, the United States Supreme Court ruled that the District of […]
CSSA Magazine Article- Union Activity First Amendment Rights
“UNION ACTIVITY AND FIRST AMENDMENT RIGHTS” July, 2008 By: Martin J. Mayer JONES & MAYER On April 24, 2008, the First Circuit U.S. Court of Appeals issued a ruling in the case ofDavignon, et al. vs. Hodgson involving the plaintiffs’ claim that the sheriff suspended them from duty in retaliation for their First Amendment protected […]
CPOA Network Newsletter Article- Supervisors Not Responsible for Retaliation Under FEHA
SUPERVISORS NOT RESPONSIBLE FOR RETALIATION UNDER FEHA May, 2008 By: Martin J. Mayer CPOA Network Newsletter A significant “victory” for California employers, and their supervisors, has come about as the result of a recent Supreme Court decision. Supervisors can now relax, to some extent, and stop worrying about whether they will face litigation, and possible personal liability, when an adverse […]