Vol. 37 No. 3 DISTRICT COURT CORRECTLY APPLIED THE PURPOSE-TO-HARM TEST BECAUSE POLICE OFFICERS DID NOT HAVE TIME TO DELIBERATE BEFORE SHOOTING DECEDENT
In Ochoa v. City of Mesa,[1] the Ninth Circuit Court of Appeals concluded that because officers who shot and killed a decedent did not have time to deliberate before firing, the District Court correctly applied the purpose-to-harm test to determine if the officers’ conduct shocked the conscience under the Fourteenth Amendment. The Court of Appeals […]
Vol. 37 No. 2 OSHA EMERGENCY RULE REQUIRING EMPLOYEES OF LARGE EMPLOYERS TO BE EITHER FULLY VACCINATED AGAINST THE COVID-19 VIRUS, OR ELSE TO BE MASKED AND WEEKLY TESTED, EXCEEDS OSHA’S STATUTORY AUTHORITY
In a 6-3 decision, the United States Supreme Court in Nat’l Fed’n of Indep. Bus. v. DOL[1] granted a stay of the Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing; Emergency Temporary Standard.[2] The standard would have required employees of large employers to be fully vaccinated, or else obtain weekly medical tests and wear […]
Vol. 37 No. 1 A POLICE OFFICER WAS ENTITLED TO QUALIFIED IMMUNITY BECAUSE PLAINTIFF JOURNALIST DID NOT IDENTIFY A CLEARLY ESTABLISHED RIGHT THAT THE OFFICER VIOLATED
In Saved Magazine v. Spokane Police Department,[1] the Ninth Circuit Court of Appeals determined that an officer was entitled to qualified immunity because the Court was unaware of any precedent that would alert an officer that his enforcement of separate protest zones would violate clearly established First Amendment law. In reaching its conclusion, the Court […]
Vol. 36 No. 26 CALIFORNIA STATUTE PROHIBITING POSSESSION OF LARGE-CAPACITY MAGAZINES IS A REASONABLE FIT FOR THE IMPORTANT GOVERNMENT INTEREST OF REDUCING GUN VIOLENCE
In Duncan v. Bonta,[1] the en banc Ninth Circuit Court of Appeals held that a California statute which banned possession of magazines holding more than ten rounds of ammunition was a reasonable fit for the compelling goal of reducing gun violence. The Court therefore reversed the District Court’s grant of summary judgment to Plaintiffs on […]
Vol. 36 No. 25 A PLAINTIFF FAILED TO PLAUSIBLY ALLEGE THAT AN OFFICER VIOLATED A DETAINEE’S CONSTITUTIONAL RIGHT TO ADEQUATE MEDICAL TREATMENT
In J. K. J. v. City of San Diego,[1] the Ninth Circuit Court of Appeals affirmed a dismissal of an action alleging constitutional violations by police officers in their treatment of a woman who was arrested at a traffic stop, fell ill while in police custody, and died nine days later. Background In November 2018, […]
Vol. 36 No. 24 GOVERNOR SIGNS ASSEMBLY BILL 481 ESTABLISHING NEW REQUIREMENTS ON THE WAY AGENCIES FUND, ACQUIRE, AND USE MILITARY EQUIPMENT
On September 30, 2021, Governor Newsom signed Assembly Bill 481 (“AB 481”), which will become effective on January 1, 2022.[1] AB 481 stated goals are to provide legally enforceable safeguards to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. Background Existing law designates the Department […]
VOL. 36 NO. 21 CALIFORNIA ASSEMBLY BILL 32 IMPEDES FEDERAL IMMIGRATION POLICY
In October 2021, the Ninth Circuit Court of Appeals in GEO Grp., Inc. v. Newsom,[1] reversed a District Court’s order denying the United States’ motion for a preliminary injunction against a California law that phases out private detention facilities within the state. The Court concluded that, because California Assembly Bill 32 (“AB 32”) conflicts with […]
Vol. 36 No. 22 SUPREME COURT CONCLUDES THAT POLICE OFFICERS DID NOT VIOLATE ANY CLEARLY ESTABLISHED LAW, AND WERE THUS ENTITLED TO QUALIFIED IMMUNITY
In October 2021, the United States Supreme Court, in its per curiam decision City of Tahlequah v. Bond,[1] concluded that a Circuit Court of Appeals erred in denying police officers qualified immunity. In reaching its conclusion, the Supreme Court found that there was no clearly established law with the appropriate level of specificity to align […]
Vol. 36 No. 14 Update: Executive Decisions and the COVID-19 Vaccines
The persistence of the COVID-19 pandemic, the transmissibility associated with the Delta variant, and differing beliefs about personal autonomy and the role of government in mandating methods of illness prevention have again brought the issue of mandatory vaccines to the center of public policy. The purpose of this Alert is to provide law enforcement executives […]
Vol. 36 No. 13 DISTRICT COURT PROPERLY DISMISSED SECTION 1983 EXCESSIVE FORCE CLAIM AFTER CRIMINAL JURY CONVICTED PLAINTIFF OF VIOLATING PENAL CODE SECTION 148
In a 2-1 opinion, the Ninth Circuit Court of Appeals, in Lemos v. Cty. of Sonoma, affirmed a District Court’s holding that a 42 U.S.C. section 1983 claim for excessive force brought by a plaintiff convicted under Penal Code section 148(a)(1) was barred by Heck v. Humphrey. In reaching its conclusion, the Court found that […]