Vol. 33 No. 8 A DEPUTY WHO POINTED A LOADED GUN AT A SUSPECT’S HEAD USED EXCESSIVE FORCE BUT WAS ENTITLED TO QUALIFIED IMMUNITY
On March 13, 2018, in the case of Thompson v. Rahr, 2018 U.S. App. LEXIS 6191 (9th Cir. Mar. 13, 2018), the Ninth Circuit Court of Appeals decided that an officer who pointed a loaded gun at a suspect’s head used excessive force, but was entitled to qualified immunity because the law was not clearly […]
Vol. 33 No. 16 EXISTENCE OF PROBABLE CAUSE DOES NOT PRECLUDE A PLAINTIFF’S FIRST AMENDMENT RETALIATION CLAIM WHERE CITY COUNCIL ARRESTS OUTSPOKEN CRITIC
Does the existence of probable cause defeat a First Amendment claim under 42 U.S.C. section 1983 for retaliatory arrest? On June 18, 2018, in the case of Lozman v. City of Riviera Beach 2018 U.S. LEXIS 3691 (U.S. June 18, 2018), the Supreme Court of the United States held that the existence of probable cause […]
Vol. 33 No. 17 PEACE OFFICERS MUST GENERALLY OBTAIN A WARRANT SUPPORTED BY PROBABLE CAUSE BEFORE OBTAINING HISTORICAL CELL-SITE LOCATION INFORMATION
In the course of executing its various functions, a cell phone continually searches for the best signal and typically connects to the nearest site of radio antennas on towers or other locations, called cell sites. With every connection, a time-stamped record is created. The record generated is called “cell-site location information” or CSLI. This information […]
Vol. 33 No. 18 CALIFORNIA COURT OF APPEAL FINDS THAT GOVERNMENT CODE SECTION 7522.72 IS CONSTITUTIONAL
On June 19, 2018, in the case of Hipsher v. Los Angeles County Employees Retirement Assn., 2018 Cal. App. LEXIS 561, the California Court of Appeal held that California Government Code Section 7522.72 was constitutional as applied to the present case, where Hipsher’s vested retirement benefits were reduced due to his gambling conduct which was […]
Vol. 33 No. 27 PLAINTIFF ENTITLED TO NEW TRIAL WHERE SUBSTANTIAL EVIDENCE SHOWS JAIL OFFICIALS NOT ENTITLED TO DEFERENCE BY JURY ON CONDITIONS OF CONFINEMENT AND EXCESSIVE SEARCH CLAIMS
In a case entitled Shorter v. Baca, (9th Cir. 2018) 2018 U.S. App. LEXIS 19491, the Ninth Circuit recently determined that jail officials were not entitled to deference by a jury on their decisions concerning conditions of confinement and excessive search claims. The Court remanded the matter for a new trial. Background Lecia Shorter was […]
Vol. 33 No. 26 WARRANTLESS ENTRY BY LAW ENFORCEMENT OFFICERS INTO AN INHABITED DWELLING DEEMED THE PROXIMATE CAUSE OF THE PLAINTIFFS’ INJURIES SUSTAINED FOLLOWING SHOOTING INCIDENT
On remand from the United States Supreme Court, the Ninth Circuit Court of Appeals held, in Mendez v. Cnty. of L.A., 2018 U.S. App. LEXIS 20907 (9th Cir. July 27, 2018), that law enforcement officials’ unlawful entry into a residence – absent a warrant, consent, or exigent circumstances – was the proximate cause of the […]
Vol. 33 No. 25 CALIFORNIA SUPREME COURT UPHOLDS PUBLIC AGENCY PURSUIT IMMUNITY ACCORDED BY CALIFORNIA VEHICLE CODE SECTION 17004.7
On August 13, 2018, the Supreme Court of California held, in Ramirez v. City of Gardena, that a public agency’s pursuit policy must have California Vehicle Code section 17004.7’s written certification requirement, but 100 percent compliance with that requirement was not a prerequisite to receiving immunity for damages resulting from a vehicle pursuit. The Court’s […]
Vol. 33 No. 24 OFFICERS HAD REASONABLE SUSPICION TO BELIEVE THAT SUSPECT WAS ENGAGED IN CRIMINAL ACTIVITY UNDER THE TOTALITY OF THE CIRCUMSTANCES
In a decision entitled United States v. Luckett, 2018 U.S. App. LEXIS 18456 (9th Cir. July 6, 2018), the Ninth Circuit Court of Appeals affirmed the denial of a defendant’s motion to suppress evidence because police had reasonable suspicion under the totality of the circumstances that defendant was engaged in criminal conduct. Though each of […]
Vol. 33 No. 23 POBRA STATUTE OF LIMITATIONS ACCRUAL DATE NOT APPLICABLE AT THE POINT IN TIME WHEN A SENIOR OFFICER, WHO WAS NOT A PERSON “AUTHORIZED TO INITIATE AN INVESTIGATION”, RECEIVED EVIDENCE OF MISCONDUCT
In Daugherty v. City and County of San Francisco, 24 Cal. App. 5th 928 (1st Dist. 2018), published in July 2018, the California First District Court of Appeal found disciplinary charges were timely where a senior officer aware of officer misconduct was not deemed “a person authorized to initiate an investigation.” Alternatively, the Court also […]
Vol. 33 No. 22 NINTH CIRCUIT RULES THAT SECOND AMENDMENT PROTECTS THE RIGHT TO OPEN CARRY OF FIREARM
On July 24, 2018, the Ninth Circuit Court of Appeals decided, in the case of Young v. State of Hawaii, 2018 U.S. App. LEXIS 20525, that the Second Amendment to the U.S. Constitution protects the right to openly bear arms in public for self-defense. The Court held that a Hawaii statute that required an individual […]