Vol. 29 No.8 – CalPERS Sends “Scary” Letter to Retired Annuitants
CalPERS Sends “Scary” Letter to Retired Annuitants On March 17, 2014, an article appeared in the Los Angeles Daily Journal about Circular Letter No. 200-002-14, dated January 14, 2014, sent by CalPERS to 5,800 retired state employees who collect a pension and work for the state. According to the article, the 5,800 annuitants earn approximately […]
Vol. 29 No. 9 – COMMUNICATIONS ON PRIVATE CELL PHONES NOT SUBJECT TO CPRA DISCLOSURE
COMMUNICATIONS ON PRIVATE CELL PHONES NOT SUBJECT TO CPRA DISCLOSURE On March 27, 2014, the California Court of Appeal, Sixth Appellate District, overturned a summary judgment ruling in the case of City of San Jose v. Superior Court (Smith), which had granted declaratory relief to Smith. The Court also ordered summary judgment to be granted to […]
Vol. 29 No. 16 California Supreme Court Rejects Challenge to Red Light Cameras
CALIFORNIA SUPREME COURT REJECTS CHALLENGE TO RED LIGHT CAMERAS In the case of People v. Carmen Goldsmith, (Case Number S201443 (June 5, 2014)), the California Supreme Court unanimously upheld use of “red light cameras” and rejected a motorist’s demand for testimony from the camera’s manufacturer. History Pursuant to Vehicle Code section 21455.5, local governmental agencies are […]
Vol. 29 No. 15 – CALIFORNIA SUPREME COURT UPHOLDS DISCLOSURE OF OFFICERS’ NAMES
CALIFORNIA SUPREME COURT UPHOLDS DISCLOSURE OF OFFICERS’ NAMES Acting in the case of Long Beach Police Officers Association v. City of Long Beach (2014 Cal. LEXIS 3757 (May 29, 2014)), the California Supreme Court, on a 6-1 vote, has held that the public interest in disclosure of the names of officers in an OIS will, […]
Vol. 29 No. 14 – SECRET SERVICE AGENTS ENTITLED TO QUALIFIED IMMUNITY FOR RELOCATING PROTESTERS GREATER DISTANCE FROM PRESIDENT THAN SUPPORTERS AFTER UNPLANNED STOP OF MOTORCADE CREATED SECURITY RISK
SECRET SERVICE AGENTS ARE ENTITLED TO QUALIFIED IMMUNITY FOR RELOCATING PROTESTERS A GREATER DISTANCE FROM THE PRESIDENT THAN SUPPORTERS AFTER UNPLANNED STOP OF MOTORCADE CREATED SECURITY RISK ONLY FROM PROTESTERS. On May 27, 2014, the United States Supreme Court held, in the case of Wood v. Moss, that Secret Service agents were entitled to qualified […]
Vol. 29 No. 13 – Police Officers Who Shot at Driver of Fleeing Vehicle to End Dangerous Vehicle Pursuit Did Not Violate the Fourth Amendment and Entitled to Qualified Immunity for their Actions
POLICE OFFICERS WHO SHOT AT THE DRIVER OF A FLEEING VEHICLE TO END A DANGEROUS VEHICLE PURSUIT DID NOT VIOLATE THE FOURTH AMENDMENT AND WERE ALSO ENTITLED TO QUALIFIED IMMUNITY FOR THEIR ACTIONS On May 27, 2014, the United States Supreme Court issued an opinion entitled Plumhoff v. Rickard, in which the Court held that […]
Vol. 29 No. 12 – ANONYMOUS TIP MAY PROVIDE REASONABLE SUSPICION FOR INVESTIGATIVE STOP
ANONYMOUS TIP MAY PROVIDE REASONABLE SUSPICION FOR INVESTIGATIVE STOP On April 22, 2014, the United States Supreme Court affirmed the judgment of the California Court of Appeal, in Navarette v. California, which held that an anonymous tip can, under certain circumstances, provide an officer with reasonable suspicion to make an investigative stop. Appellants/Defendants Lorenzo and Jose […]
Vol. 29 No. 11 – EMPLOYERS MAY REQUIRE A FITNESS FOR DUTY EVALUATION AFTER AN EMPLOYEE IS REINSTATED FROM AN FMLA LEAVE
EMPLOYERS MAY REQUIRE A FITNESS FOR DUTY EVALUATION AFTER AN EMPLOYEE IS REINSTATED FROM AN FMLA LEAVE On April 15, 2014, the California Court of Appeal, Second Appellate District, reversed a judgment by the Superior Court of Los Angeles in the case of White v. County of Los Angeles, which held an employer is not […]
Vol. 29 No. 10 – ICE SAYS DETAINERS ARE OPTIONAL
ICE SAYS DETAINERS ARE OPTIONAL Recently, the Acting Director of the U.S. Immigration and Customs Enforcement (ICE), Daniel H. Ragsdale, sent a letter to Congressman Mike Thompson, Sonoma County, CA, regarding immigration detainers. Apparently Congressman Thompson wrote to the Department of Homeland Security (DHS) asking for clarification regarding the legal effect of the detainers. In […]
Vol. 28 No. 26 – Firefighter Entitled To See Notes, Kept By Supervisor, Regarding Firefighter’s Activity
FIREFIGHTER ENTITLED TO SEE NOTES, KEPT BY SUPERVISOR, REGARDING FIREFIGHTER’S ACTIVITY On November 4, 2013, the California Court of Appeal held, in the case of Poole et al. v. Orange County Fire Authority, that daily activity logs, which included notes about “whether firefighters complied with instructions and adhered to rules,” and which “were intended to be […]