Vol. 30 No. 22 Agencies May Recover Certain Costs of Training if Officers Leave Employment Shortly After Graduating From the Academy
AGENCIES MAY RECOVER CERTAIN COSTS OF TRAINING IF OFFICERS LEAVE EMPLOYMENT SHORTLY AFTER GRADUATING FROM THE ACADEMY On August 31, 2015, the California Court of Appeal, Fourth District, certified for publication In Re: Acknowledgment Cases. The case involved a coordinated action involving 43 former officers of the LAPD who were successfully sued by the city […]
Vol. 30 No. 21 Can Negative Comments In A Supervisor’s Daily Log Be Kept From The Employee?
On August 24, 2015, the California Supreme Court addressed the question, in Poole v. Orange County Fire Authority, “whether [Gov. Code] section 3255 gives an employee the right to review and respond to negative comments in a supervisor’s daily log, consisting of notes that memorialize the supervisor’s thoughts and observations concerning an employee, which the […]
Vol 30, No. 25- ATTORNEY GENERAL STATES AGENCIES CAN NOTIFY D.A. OF NAMES OF OFFICERS WHO “MAY” HAVE BRADY MATERIAL IN THEIR FILES
ATTORNEY GENERAL STATES AGENCIES CAN NOTIFY D.A. OF NAMES OF OFFICERS WHO “MAY” HAVE BRADY MATERIAL IN THEIR FILES On October 13, 2015, the California Attorney General (AG) issued a published opinion, No. 12-401, which states that “Penal Code Section 832.7(a), does not authorize a District Attorney (DA), for the purpose of complying with the […]
Vol. 30 No. 26 SUPREME COURT GRANTS QUALIFIED IMMUNITY TO OFFICER WHO FIRES AT FLEEING SUSPECT IN A CAR
SUPREME COURT GRANTS QUALIFIED IMMUNITY TO OFFICER WHO FIRES AT FLEEING SUSPECT IN A CAR On November 9, 2015, the United States Supreme Court, in a 8 -1 decision held in the case of Mullenix v. Luna, that an officer who fired at a fleeing suspect’s car, killing the suspect, was entitled to qualified immunity […]
Vol. 30 No. 20 Law Enforcement Training Is More Important Than Ever
The claim of negligent training is one of the most common claims against law enforcement, especially in federal civil rights lawsuits. In order to defend against such claims it is necessary to prove that appropriate training in the relevant areas had been provided. Civil rights litigation is based on 42 U.S.C. § 1983 which states, […]
Vol. 30 No. 13 Stress Caused by a Supervisor’s Oversight is not a Disability
On May 26, 2015 the Third District Court of Appeals held, in Higgins-Williams v. Sutter Medical Foundation, that “an inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of job performance is not a disability recognized in California’s Fair Employment and Housing Act (FEHA; Gov. Code, […]
Vol. 30 No. 12 U.S. Supreme Court Holds that a Convicted Felon May Transfer Firearms Owned by the Felon to a Third Party Under Certain Circumstances
On May 18, 2015, the U.S. Supreme Court ruled, unanimously, in the case of Henderson v. United States, that 18 U.S.C. section 922(g), which prohibits a felon from possessing a firearm, did not bar the transfer of firearms owned by the felon to a third party, unless the transfer would permit the felon to later […]
Vol. 30 No. 11 U.S. Supreme Court “Ducks” ADA Issue Involving Police and Violent Mentally Ill Persons
On May 18, 2015, the U.S. Supreme Court ruled 6 – 2 in City and County of San Francisco v. Sheehan, that police officers who forcibly entered the room of a woman with a mental disability and shot her are entitled to qualified immunity from a lawsuit seeking redress for the woman’s injuries, because there […]
Vol. 30 No. 10 ALPR Data Exempt from CPRA Disclosure
ALPR DATA EXEMPT FROM CPRA DISCLOSURE On May 6, 2015, the Second District Court of Appeal ruled, unanimously, in ACLU et al. v. Superior Court of Los Angeles County (County of Los Angeles, et al.) that “the California Public Records Act (CPRA) exemption for law enforcement records of investigations [Gov. Code, § 6254, subd. (f)] […]
Vol. 30 No. 9 U.S. Supreme Court Limits Detaining Person In Routine Traffic Stop
U.S. SUPREME COURT LIMITS DETAINING PERSON IN ROUTINE TRAFFIC STOP On April 21, 2015, the U.S. Supreme Court held, in Rodriguez v. United States, that “(a)bsent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures.” The Court found that “(b)eyond determining whether to […]