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Ryan M. Allein Joins Jones Mayer

Vol. 40 No. 19 NINTH CIRCUIT FINDS NO CONSTITUTIONAL VIOLATION IN CASE WHERE OFFICERS SHOT INTO VEHICLE KILLING BOTH KIDNAPPER AND SECONDS LATER A MINOR HOSTAGE

Vol. 40 No. 18 WHEN OFFICERS LOSE A SUSPECT’S TRAIL FOR EIGHTEEN MINUTES, THERE IS NO HOT PURSUIT

Vol. 40 No. 17 DESPITE DEFENDANT RETAINING A PRIVACY INTEREST IN ABANDONED IPHONE, BECAUSE SUBSEQUENT SEARCH WAS WARRANT-BASED AND REASONABLE, THERE WAS NO FOURTH AMENDMENT VIOLATION

Vol. 40 No. 16 OFFICER’S USE OF LESS-LETHAL FORCE THAT SERIOUSLY INJURED BYSTANDER FILMING NEAR A PROTESTING CROWD NOT UNREASONABLE GIVEN THAT PROTESTERS OBJECTIVELY POSED AN IMMEDIATE THREAT TO THE SAFETY OF OFFICERS, CITIZENS, AND PROPERTY

Vol. 40 No. 15 CALIFORNIA’S AMMUNITION BACKGROUND CHECK REGIME, WHICH REQUIRES FIREARM OWNERS TO COMPLETE BACKGROUND CHECKS BEFORE EACH AMMUNITION PURCHASE, VIOLATES THE SECOND AMENDMENT

Vol. 40 No. 14 CALIFORNIA’S LAW PROHIBITING THE PURCHASE OF MORE THAN ONE FIREARM IN A 30-DAY PERIOD VIOLATES THE SECOND AMENDMENT

Vol. 40 No. 13 GENERALIZED CONCERNS ABOUT VICTIM TRAUMA AND FAIR-TRIAL PUBLICITY WERE INSUFFICIENT TO FIND THAT “ACTIVE INVESTIGATION” EXEMPTION TO THE CALIFORNIA PUBLIC RECORDS ACT ABSOLVED POLICE OF THEIR DUTY TO RELEASE BODYCAM FOOTAGE

Vol. 40 No. 12 BECAUSE AN OFFICER CONTINUED TO SHOOT A FALLEN AND INJURED SUSPECT ARMED ONLY WITH A BLADED INSTRUMENT WHO WAS ON HIS BACK WITH HIS KNEES CURLED UP TO HIS CHEST WHILE ROLLING AWAY FROM THE OFFICER, A JURY COULD REASONABLY FIND THAT THE OFFICER EMPLOYED CONSTITUTIONALLY EXCESSIVE FORCE

Scott Davenport Becomes Partner at Jones Mayer

Vol. 40 No. 11 IN RESOLVING FOURTH AMENDMENT EXCESSIVE-FORCE CLAIMS, COURTS MAY NOT APPLY THE MOMENT-OF-THREAT RULE BECAUSE THAT RULE CONSTRICTS THE PROPER INQUIRY INTO THE TOTALITY OF THE CIRCUMSTANCES

Vol. 40 No. 10 OFFICERS WHO ENGAGED IN AN UNNECESSARY HIGH-SPEED CHASE THAT KILLED BYSTANDERS WERE NOT ENTITLED TO QUALIFIED IMMUNITY

Vol. 40 No. 9 BLOCKING CONSTITUENTS ON SOCIAL MEDIA WAS A STATE ACTION WHERE PUBLIC OFFICIAL HAD ACTUAL AUTHORITY TO SPEAK ON STATE’S BEHALF AND PURPORTED TO EXERCISE THAT AUTHORITY WHEN POSTING

Vol. 40 No. 8 BECAUSE CALIFORNIA TORT LAW’S “REASONABLE CARE” STANDARD IS BROADER AND DISTINCT FROM THE FEDERAL FOURTH AMENDMENT’S REASONABLENESS STANDARD, NINTH CIRCUIT HOLDS THAT JURY’S MIXED VERDICTS – FINDING DEPUTIES DID NOT USE EXCESSIVE FORCE BUT WERE NEGLIGENT UNDER CALIFORNIA LAW – WERE RECONCILABLE

Vol. 40 No. 7 NO FOURTH AMENDMENT VIOLATION WHERE WARRANTLESS ENTRY AND SEARCH OF PLAINTIFF’S HOME WAS JUSTIFIED UNDER THE HOT-PURSUIT EXCEPTION

JONES MAYER OBTAINS DISMISSAL IN HUMAN SEXUAL TRAFFICKING CASE

Defense Jury Verdict in LAPD Officer-Involved Shooting Case: Jones Mayer Secures Win for Officer William Jones, Jr., in Civil Rights Litigation.

Vol. 40 No. 4 PENAL CODE SECTION 148(A)(1) DOES NOT REQUIRE THAT THE DEFENDANT KNEW THEY RESISTED, DELAYED, OR OBSTRUCTED A PEACE OFFICER. IT IS ENOUGH FOR A TRIER OF FACT TO FIND THAT THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN THE PERSON THEY RESISTED WAS A PEACE OFFICER

Jones Mayer Secures Defense Verdict for County of San Bernardino and Deputies in Civil Rights Use of Force Case

Vol. 40 No. 3 FOURTH AMENDMENT VIOLATION WHERE LAW ENFORCEMENT AGENCY ACCESSED CELL PHONE DATA FROM ANOTHER JURISDICTION IN THE ABSENCE OF A WARRANT OR ANY SUSPICION OF CRIMINAL ACTIVITY

Vol. 40 No. 2 NO QUALIFIED IMMUNITY ON EXCESSIVE FORCE CLAIM WHERE POLICE USED BODYWEIGHT FORCE ON THE BACK OF A PRONE INDIVIDUAL WHO WAS MENTALLY ILL, NOT SUSPECTED OF A CRIME, AND DID NOT PRESENT A RISK TO OFFICERS OR OTHERS

Amendments to the California Health & Safety Code §17980 that Could Assist Law Enforcement, Code Enforcement, Fire and Building in Addressing Illegal Activity at Commercial Buildings.

JONES MAYER OBTAINS DISMISSAL WHERE COUNSEL FAILS TO SERVE COMPLAINT FOR FOUR YEARS

Recent Ninth Circuit Arguments Highlight the Importance of Body-Worn Cameras

Jones Mayer Wins Sonoma County Whistleblower Case

Vol. 39 No. 17 BECAUSE COUNTY’S ONLINE “MUGSHOT LOOKUP,” WHICH INCLUDED DETAINEES’ PHOTOS AND PERSONAL INFORMATION, SERVED AS A PUNISHMENT, IT IMPLICATED DETAINEE’S DUE PROCESS RIGHTS

Vol. 39 No. 16 PERSONAL TEXT MESSAGES FROM A PUBLIC EMPLOYEE REGARDING A RACIST IMAGE DID NOT CONSTITUTE A MATTER OF LEGITIMATE PUBLIC CONCERN AND THEREFORE WERE NOT PROTECTED BY THE FIRST AMENDMENT

Vol. 39 No. 15 NINTH CIRCUIT AFFIRMS IN PART AND REVERSES IN PART DISTRICT COURT ORDERS PRELIMINARY ENJOINING THE IMPLEMENTATION OR ENFORCEMENT OF SEVERAL PROVISIONS OF CALIFORNIA LAW THAT PROHIBITS PERSONS WITH CONCEALED-CARRY PERMITS FROM CARRYING FIREARMS ONTO VARIOUS TYPES OF PROPERTY

Jones Mayer Wins Bid to Be On-Call Hearing Examiner for City of Hayward

Vol. 39 No. 14 LAPD OFFICERS WERE NOT ENTITLED TO QUALIFIED IMMUNITY AFTER CONDUCTING A HIGH-RISK VEHICLE STOP BASED ON NOTHING MORE THAN REASONABLE SUSPICION THAT THE VEHICLE WAS STOLEN

Vol. 39 No. 13 QUALIFIED IMMUNITY SHIELDED OFFICERS FROM EXCESSIVE FORCE CLAIM WHERE OFFICERS DEFENSIVELY RETURNED FIRE DURING AN ACTIVE SHOOTING, SERIOUSLY WOUNDING A PASSENGER WHO WAS NOT SUSPECTED OF ANY WRONGDOING

Vol. 39 No. 12 NON-CONVICTED INCARCERATED INDIVIDUALS PERFORMING SERVICES FOR A FOR-PROFIT COMPANY TO SUPPLY MEALS WITHIN THE COUNTY JAILS AND RELATED CUSTODY FACILITIES DO NOT HAVE A CLAIM FOR MINIMUM WAGES AND OVERTIME

Vol. 39 No. 11 THE PRESENCE OF PROBABLE CAUSE FOR ONE CHARGE IN A CRIMINAL PROCEEDING DOES NOT CATEGORICALLY DEFEAT A FOURTH AMENDMENT MALICIOUS-PROSECUTION CLAIM RELATING TO ANOTHER, BASELESS CHARGE

Vol. 39 No. 10 SUPREME COURT REVERSES OREGON HOMELESSNESS CASE, FINDS PUBLIC CAMPING LAWS DO NOT CONSTITUTE “CRUEL AND UNUSUAL PUNISHMENT” PROHIBITED BY THE EIGHTH AMENDMENT

Significant Victory for Cities and Law Enforcement as Supreme Court Reverses Oregon Homelessness Case. Jones Mayer Was Proud to Represent Our Clients in Filing an Amici Brief That Assisted the Court in Making Its Ruling

Vol. 39 No. 9 DEFENDANT’S PRESENCE IN HIGH CRIME AREA AND SEEMINGLY ODD BEHAVIOR AFTER SPOTTING POLICE DID NOT JUSTIFY REASONABLE SUSPICION OF CRIMINAL ACTIVITY

Vol. 39 No. 8 OFFICER’S USE OF PAROLEE’S THUMB TO ACCESS HIS CELLPHONE DID NOT RENDER THE SEARCH UNREASONABLE UNDER THE FOURTH AMENDMENT NOR VIOLATE HIS FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION

Vol. 39  No. 7 POLICE MAY CONSTITUTIONALLY CONDUCT AN INVENTORY SEARCH OF BELONGINGS WHEN THE PROPERTY IS LAWFULLY RETAINED AND THE SEARCH IS DONE IN COMPLIANCE WITH POLICE REGULATIONS, EVEN AFTER THE INDIVIDUAL HAS BEEN RELEASED

Attorney General Opines that “State of the City” Events are Brown Act Meetings

Vol. 39  No. 6 QUALIFIED IMMUNITY SHIELDED OFFICER BECAUSE, EVEN IF HER FIFTH AND SIX SHOTS AT DECEDENT WERE UNREASONABLE, IT WAS NOT AN OBVIOUS SITUATION IN WHICH EVERY REASONABLE OFFICER WOULD HAVE UNDERSTOOD THAT THE LAW FORBADE FIRING ADDITIONAL SHOTS AT ALREADY WOUNDED ARMED DECEDENT AS HE CONTINUED TO TRY TO GET UP

Vol. 39 No. 5 A PUBLIC OFFICIAL WHO PREVENTS SOMEONE FROM COMMENTING ON THE OFFICIAL’S SOCIAL-MEDIA PAGE ENGAGES IN STATE ACTION UNDER 42 U.S.C. SECTION 1983 ONLY IF THE OFFICIAL BOTH POSSESSED ACTUAL AUTHORITY TO SPEAK ON THE STATE’S BEHALF ON A PARTICULAR MATTER, AND PURPORTED TO EXERCISE THAT AUTHORITY WHEN SPEAKING IN THE RELEVANT SOCIAL-MEDIA POSTS

Lindke v. Freed and O’Connor-Ratcliff v. Garnier SCOTUS Clarifies Standard for Plaintiffs to Sue Public Officials for Social Media Restraint

SCOTUS Clarifies Standard for Plaintiffs to Sue Public Officials for Social Media Restraint – Lindke v. Freed and O’Connor-Ratcliff v. GarnierSCOTUS Clarifies Standard for Plaintiffs to Sue Public Officials for Social Media Restraint –

Employer Requirements for Workplace Violence Plans Effective July 1, 2024

Vol. 39 No. 4 DELIVERING EVENING MEAL FOUR HOURS BEFORE PRISONER COULD BREAK RELIGION-BASED FAST WAS A SUBSTANTIAL BURDEN ON THE PRISONER’S FREE EXERCISE

Vol. 39 No. 3 TRIAL COURT ERRED IN DETERMINING, AS A MATTER OF LAW, THAT ALL VIDEO FOOTAGE FROM POLICE DRONE PROGRAM WAS EXEMPT FROM PUBLIC RECORDS ACT REQUESTS AS “RECORDS OF INVESTIGATIONS”

Vol. 39 No. 2 TEMPORARY RESTRAINING ORDER ISSUED RESTRAINING CALIFORNIA DOJ FROM ENFORCING REGULATION MANDATING “GENDER OF OFFICER” REPORTING PENDING PRELIMINARY INJUNCTION HEARING

New Cingular Wireless PCS, LLC, D/B/A AT&T Mobility v. City of West Covina

New Cingular Wireless PCS, LLC, D/B/A AT&T Mobility v. City of West Covina

Vol. 39 No. 1 RETIRED PEACE OFFICERS AND THE IMPACT OF SENATE BILL 2 (2023-2024)

Summary Judgment in Favor of Whittier Officers Affirmed in Illegal Search Warrant Claim

Vol. 38 No. 15 DISTRICT COURT ENTERS INJUNCTION CONCERNING CERTAIN PROVISIONS OF SB 2 CONCERNING “SENSITIVE PLACES”

Temporary Employees Covered Under Meyers-Milias-Brown Act

Vol. 38 No. 14 NEW LAW AFFECTING CALIFORNIA EMPLOYEES WHO USE MARIJUANA OFF-DUTY RAISES QUESTIONS FOR LAW ENFORCEMENT

Vol. 38 No. 13 NINTH CIRCUIT GRANTS CALIFORNIA ATTORNEY GENERAL’S MOTION FOR PARTIAL STAY PENDING APPEAL OF PENAL CODE SECTION 32310’S BAN ON LARGE-CAPACITY MAGAZINES

Vol. 38 No. 12 AN EMPLOYER DOES NOT OWE A DUTY OF CARE UNDER CALIFORNIA LAW TO PREVENT THE SPREAD OF COVID-19 TO EMPLOYEES’ HOUSEHOLD MEMBERS

Jones Mayer Welcomes New Attorney Rosemary Koo

Vol. 38 No. 11 COURT STRIKES DOWN WARRANTLESS TOWS OF SAFELY AND LEGALLY PARKED CARS WITH UNPAID PARKING TICKETS

Attorney Danielle Williams Joins Jones Mayer

Jones Mayer Welcomes New Attorney

Jones Mayer Leads Successful Appellate Defense in Civil Rights Case

Vol. 38 No. 10 A LAW ENFORCEMENT OFFICER MUST HAVE PROBABLE CAUSE TO BELIEVE THAT A PERSON IS ON ACTIVE PAROLE BEFORE CONDUCTING A SUSPICION-LESS SEARCH OR SEIZURE PURSUANT TO A PAROLE CONDITION

Vol. 38 No. 9 USE OF FORCE PREDICATED ON SUSPICION OF IMPENDING CRIMINAL ACTIVITY WAS NOT SUFFICIENT BASIS FOR DENYING QUALIFIED IMMUNITY FROM CLAIMS BASED ON THOSE ACTS BECAUSE IT WAS OBJECTIVELY REASONABLE

Vol. 38 No. 8 QUALIFIED IMMUNITY APPLIED TO OFFICERS’ WARRANTLESS IN-HOME ARREST WHERE OFFICERS WERE RESPONDING TO A POTENTIAL KIDNAPPING

Vol. 38 No. 7 SUPREME COURT LIMITS GOVERNMENT CODE SECTION 821.6 IMMUNITY FOR INSTITUTING OR PROSECUTING A JUDICIAL PROCEEDING

Vol. 38 No. 6 LETHAL FORCE USED BY OFFICERS AGAINST PERSON ARMED WITH REPLICA GUN WAS JUSTIFIED WHERE THEY REASONABLY BELIEVED THE GUN WAS REAL AND PRESENTED AN IMMEDIATE THREAT WHEN POINTED AT THEM

Vol. 38 No. 5 WHERE STATE ACTORS LEFT TEN-MONTH-OLD TWINS IN A MORE DANGEROUS SITUATION THAN THE ONE IN WHICH THEY FOUND THEM, THE STATE-CREATED DANGER EXCEPTION APPLIED

Jones Mayer Successfully Defends City of Whittier in Trip and Fall Case

Vol. 38 No. 4 PLAINTIFF’S EXCESSIVE FORCE AND FALSE ARREST CLAIMS WERE NOT BARRED BY THE HECK DOCTRINE BECAUSE HIS NO CONTEST PLEA WAS NOT ENTERED AS AN ACTUAL CONVICTION

Client Alert Vol 38 No 3 A TRIAL COURT MAY CONSIDER HEARSAY EVIDENCE WHEN RULING ON A GUN VIOLENCE RESTRAINING ORDER PETITION

Client Alert Vol 38 No 2 DEFENDANT WAS NOT DETAINED WITHIN THE MEANING OF THE FOURTH AMENDMENT BECAUSE A REASONABLE PERSON WOULD VIEW THE DEPUTY’S USE OF A SPOTLIGHT LACKING IN COERCIVE FORCE

Client Alert Vol 38 No 1 INVENTORY SEARCH OF TRUCK PARKED ILLEGALLY BY DRIVER WITHOUT VALID LICENSE ON PRIVATE PROPERTY WAS NOT FOURTH AMENDMENT VIOLATION WHERE VEHICLE WAS IMPOUNDED FOR VALID COMMUNITY CARETAKING PURPOSE

Vol. 37 No. 18 UNDER THE ADMINISTRATIVE SEARCH EXCEPTION, TIRE CHALKING IS NOT A FOURTH AMENDMENT VIOLATION AND CONSEQUENTLY, MUNICIPALITIES ARE NOT REQUIRED TO OBTAIN WARRANTS PRIOR TO CHALKING TIRES

Vol. 37 No. 17 DEPUTIES THAT DID NOT SHOOT AND KILL DECEDENT WERE ENTITLED TO QUALIFIED IMMUNITY ON PLAINTIFF’S EXCESSIVE FORCE CLAIM BECAUSE THEY WERE NOT INTEGRAL PARTICIPANTS IN THE CONSTITUTIONAL VIOLATION

Vol. 37. No. 16 WHERE OFFICER SHOOTS AT SUSPECT RESULTING IN NO INJURIES BUT THEN STOPS, AND THE SUSPECT LATER KILLS HIS HOSTAGES, THERE IS NO ACTIONABLE DEADLY FORCE TORT CLAIM

Vol. 37 No. 15 EN BANC NINTH CIRCUIT COURT CONCLUDES THAT ASSEMBLY BILL 32 VIOLATES THE SUPREMACY CLAUSE

Vol. 37 No. 14 POLICE OFFICER’S PERSONAL FACEBOOK POSTS DENIGRATING RELIGION AND ADHERENTS WARRANTED FIRST AMENDMENT PROTECTION BECAUSE THEY QUALIFIED AS SPEECH ON MATTERS OF PUBLIC CONCERN

Vol. 37 No. 13 A STATE OFFICIAL VIOLATES FIRST AMENDMENT BY CREATING A PUBLICLY ACCESSIBLE SOCIAL MEDIA PAGE RELATED TO HIS OR HER OFFICIAL DUTIES AND THEN BLOCKING CERTAIN MEMBERS OF THE PUBLIC FROM THAT PAGE BECAUSE OF THE NATURE OF THEIR COMMENTS

Vol. 37 No. 12 PERSONNEL RECORDS RELATING TO INVESTIGATION AGAINST A PEACE OFFICER WERE NOT SUBJECT TO DISCLOSURE UNDER PENAL CODE SECTION 832.7 BECAUSE THE OFFICER WAS NOT PROVIDED WITH AN OPPORTUNITY TO APPEAL THE FINDINGS

The Passing of Peter L. Wallin

Vol. 37 No. 11 AFTER DECISION REJECTING TIERED-SCRUTINY ANALYSIS IN SECOND AMENDMENT CASES, SUPREME COURT VACATES CIRCUIT COURT CASES UPHOLDING CONSTITUTIONALITY OF STATES’ LAWS INVOLVING FIREARMS RESTRICTIONS

Vol 37. No. 10 A VIOLATION OF MIRANDA RULES DOES NOT PROVIDE A BASIS FOR A 42 U.S.C. SECTION 1983 CLAIM

Vol 37. No. 9 SUPREME COURT EXPANDS SECOND AMENDMENT RIGHTS, STRIKING DOWN NEW YORK’S “PROPER CAUSE” REQUIREMENT FOR ISSUANCE OF A CCW

Vol. 37 No. 8 CALIFORNIA LAW BANNING SALES OF SEMIAUTOMATIC RIFLES TO YOUNG ADULTS VIOLATED THE SECOND AMENDMENT

Jeremy Warren joins team as an Associate Attorney

Congratulations, Onerous California Bar Exam

Vol. 37 No. 7 PLAINTIFF’S SHOWING THAT THE PROSECUTION ENDED WITHOUT A CONVICTION IS ENOUGH TO SUPPORT THE FAVORABLE TERMINATION ELEMENT OF A 42 U.S.C. SECTION 1983 FOURTH AMENDMENT MALICIOUS PROSECUTION CLAIM

Vol. 37 No. 6 ARREST INFORMATION WAS NOT SUBJECT TO PUBLIC DISCLOSURE BECAUSE THE DISCLOSURE MANDATE IN THE GOVERNMENT CODE REGARDING ARRESTS EXTENDED ONLY TO INFORMATION PERTAINING TO CONTEMPORANEOUS POLICE ACTIVITY

Harold Potter’s “Celebration of Life” Service

Vol. 37 No. 5 A JURY COULD INFER THAT A POLICE OFFICER WAS ACTING WITHIN THE SCOPE OF HIS EMPLOYMENT WHEN HE NEGLIGENTLY LEFT HIS FIREARM IN HIS VEHICLE AFTER RETURNING HOME FROM WORK

The Passing of Harold W. Potter on March 21, 2022

Vol. 37 No. 4 PLAINTIFF POLICE CHIEF’S EMPLOYMENT CONTRACT CREATED A HYBRID EMPLOYMENT RELATIONSHIP BETWEEN CITY AND PLAINTIFF WHERE EMPLOYMENT AS CHIEF WAS AT WILL BUT EMPLOYMENT AS LIEUTENANT WAS NOT AT WILL

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

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

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

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

Vol. 36 No. 25 A PLAINTIFF FAILED TO PLAUSIBLY ALLEGE THAT AN OFFICER VIOLATED A DETAINEE’S CONSTITUTIONAL RIGHT TO ADEQUATE MEDICAL TREATMENT

Denise L. Rocawich – From Uncertain to Impassioned Advocate

Vol. 36 No. 24 GOVERNOR SIGNS ASSEMBLY BILL 481 ESTABLISHING NEW REQUIREMENTS ON THE WAY AGENCIES FUND, ACQUIRE, AND USE MILITARY EQUIPMENT

VOL. 36 NO. 21 CALIFORNIA ASSEMBLY BILL 32 IMPEDES FEDERAL IMMIGRATION POLICY

Vol. 36 No. 22 SUPREME COURT CONCLUDES THAT POLICE OFFICERS DID NOT VIOLATE ANY CLEARLY ESTABLISHED LAW, AND WERE THUS ENTITLED TO QUALIFIED IMMUNITY

Jones Mayer’s Jamaar Boyd-Weatherby featured in the Daily Journal

Jones Mayer Senior Litigator Harold W. Potter Elected to American Board of Trial Advocates (ABOTA)

Vol. 36 No. 20 A POLICE CHIEF WAS NOT ENTITLED TO QUALIFIED IMMUNITY WHEN AN OFFICER ASSERTED THAT SHE HAD BEEN RETALIATED AGAINST FOR FILING SEX-DISCRIMINATION LAWSUITS

Vol. 36 No. 19 SUPREME COURT REVERSES NINTH CIRCUIT’S DECISION TO DENY OFFICER QUALIFIED IMMUNITY

Vol. 36 No. 18 BECAUSE PLAINTIFF NECESSARILY ADMITTED TO THE LAWFULNESS OF AN OFFICER’S ACTIONS IN HIS GUILTY PLEA, HIS EXCESSIVE FORCE CLAIM WAS BARRED

From Cynic to Public Servant: Meet Keith F. Collins

Vol. 36. No. 17 GOVERNMENT ENTITLED TO QUALIFIED IMMUNITY IN PLAINTIFF’S ACTION ALLEGING THAT GOVERNMENT EMPLOYER VIOLATED HIS FIRST AMENDMENT RIGHTS BY DISCIPLINING HIM FOR PROTECTED SPEECH

Jones Mayer’s Amanda Pope Featured on the Code Concepts Podcast

Vol. 36. No. 16 AFTER PASSAGE OF PROPOSITION 64, POSSESSION OF CANNABIS IN PRISON REMAINS A VIOLATION OF PENAL CODE SECTION 4573.6

Jones Mayer Welcomes New Partners

Lessons for Cities from the Sharing Economy

VOL. 36 NO. 15 STATUTORY CHANGE TO LAW ENFORCEMENT USE OF SOCIAL MEDIA

Vol. 36 No. 14 Update: Executive Decisions and the COVID-19 Vaccines

Vol. 36 No. 13 DISTRICT COURT PROPERLY DISMISSED SECTION 1983 EXCESSIVE FORCE CLAIM AFTER CRIMINAL JURY CONVICTED PLAINTIFF OF VIOLATING PENAL CODE SECTION 148

Vol. 36 No. 12 KILLGORE DECISION RE MASSAGE ESTABLISHMENTS AND 
CLOSELY REGULATED INSPECTIONS

Vol. 36 No. 11 NINTH CIRCUIT STAYS DISTRICT COURT RULING HOLDING THAT CALIFORNIA ASSAULT WEAPONS LAWS ARE UNCONSTITUTIONAL

Meet Our Lead Legal Secretary, Wendy Gardea

Vol. 36 No. 10 UNDER THE FOURTH AMENDMENT, PURSUIT OF A FLEEING MISDEMEANOR SUSPECT DOES NOT ALWAYS JUSTIFY A WARRANTLESS ENTRY INTO A HOME

Local Government Relief Under the American Rescue Plan Act

San Juan Water District Engages Jones Mayer as General Counsel

Permissible Expenditures of American Rescue Plan Act Funds

Effective Use of Statistics in Fair Housing Act Litigation

Vol. 36 No. 9 SUPREME COURT REJECTS BROAD APPLICATION EXTENDING COMMUNITY CARETAKING EXCEPTION TO WARRANTLESS SEARCHES AND SEIZURES IN HOME IN CERTAIN CIRCUMSTANCES

Vol. 36 No. 8 DETECTIVES WERE ENTITLED TO QUALIFIED IMMUNITY BECAUSE IT WAS NOT CLEARLY ESTABLISHED THAT THEIR INTERROGATION TACTICS ‘SHOCKED THE CONSCIENCE’ WHEN USED OVER A SHORT PERIOD OF TIME

Vol. 36 No. 7 PUBLIC SAFETY OFFICERS PROCEDURAL BILL OF RIGHTS SECTION 3303(G) DOES NOT REQUIRE AUTOMATIC DISCLOSURE OF REPORTS AND COMPLAINTS PRIOR TO ANY FURTHER INTERROGATION OF AN OFFICER UNDER INVESTIGATION

Distinction in ADA Compliance Requirements for Public and Private Entity Websites

Vol. 36 No. 6 THE COURT OF APPEAL RESOLVED THE CONFLICT BETWEEN AN SB1421 DISCLOSURE WHICH VIOLATED A PROVISION OF A SETTLEMENT AGREEMENT IN A DISCIPLINARY ACTION AND DECIDED WHAT THE “FINAL DETERMINATION OF SUSTAINED DISCIPLINE” MEANS IN SB1421

Serving Those Who Serve: Meet James Touchstone

California Law Enforcement and Body-Worn Cameras in 2021

Vol. 36 No. 5 REHEARING EN BANC, NINTH CIRCUIT COURT CONCLUDES THAT INDIVIDUALS DO NOT HAVE A SECOND AMENDMENT RIGHT TO CARRY FIREARMS OPENLY IN PUBLIC

The Importance of Officer Conduct in Qualified Immunity Cases

Vol. 36 No. 4 NO CLEARLY ESTABLISHED LAW GOVERNED THE REASONABLENESS OF USING A CANINE TO SUBDUE A NON-COMPLIANT SUSPECT

Digital Accessibility for Local Government Agency Websites

Public Service is in Jones & Mayer’s DNA

Voter initiative ballot measures to impose special taxes do not need 2/3 voter approval

Cities can be reimbursed by the State for certain costs associated with compliance with stormwater discharge permit requirements.

We are pleased to announced that Tarquin Preziosi was named Partner at Jones & Mayer

Kimberly Hall Barlow’s Long Road to Success

Vol. 36 No. 3 FACTUAL DISPUTES PREVENTED COURT’S DETERMINATION OF PLAINTIFF’S FIRST AMENDMENT CLAIM UNDER PICKERING BALANCING TEST

Can California Public Agencies Mandate COVID-19 Vaccines for Employees?

Vol. 36 No. 2 VOLUNTARY VACCINE AND WORKERS’ COMPENSATION

Bruce Lindsay to Present at Upcoming League of California Cities Meeting

Lawful Engagement of Contractors by Local Government Agencies Under California’s AB-5

Partner James Touchstone Provides Testimony to the California State Assembly

Vol. 36 No. 1 EXECUTIVE DECISIONS AND THE COVID-19 VACCINES

Vol. 35 No. 33 REASONABLE FACTFINDER COULD CONCLUDE THAT POLICE OFFICER VIOLATED PLAINTIFF’S DUE PROCESS RIGHTS BY OBTAINING COURT ORDER TO DESTROY PLAINTIFF’S FIREARMS WITHOUT GIVING HIM NOTICE

Partner Richard Adams to Retire, Ivy Tsai Elevated to Partnership

Local Policies Restricting Advertising Must Walk a Fine Line

Partner James Touchstone Publishes Article in California Police Chief Magazine

Effective Affordable Housing Strategies for California Municipalities

Oakland’s suit against Wells Fargo for predatory lending practices based on race can seek lost property-tax revenue

How California Cities Can Craft Better Office Space Deals

State law addresses Brown Act implications of social media use by members of a legislative body

Court of Appeal clarifies procedures and deadlines under Eminent Domain Law

Vol. 35 No. 32 GENUINE ISSUE OF FACT EXISTED AS TO WHETHER DEFENDANT USED EXCESSIVE FORCE IN BRIEFLY KNEELING ON PLAINTIFF’S BACK

Reactive v Proactive Code Enforcement

Vol. 35 No. 31 OFFICER ENTITLED TO QUALIFIED IMMUNITY IN OFFICER-INVOLVED SHOOTING

Health and Safety Receiverships Can Be Powerful Enforcement Tools

Exception to mobile billboard ordinance for “authorized vehicles” is likely an invalid content-based restriction on free speech.

Halloween 2020: Celebrating in an era of caution, concern and risk

For Better or Worse, the California Rule Still Limits Changes to Public Pensions

Vol. 35 No. 30 BAIL DETERMINATIONS MUST BE BASED UPON CONSIDERATION OF INDIVIDUALIZED CRITERIA

Vol. 35 No. 29 COURT OF APPEAL AFFIRMS RUBEN LONA DECISION DENYING APPELLANT’S PETITION TO BE REMOVED FROM THE SHARED GANG DATABASE

Vol. 35 No. 28 WORKERS’ COMPENSATION BENEFITS ARE PLAINTIFFS’ EXCLUSIVE REMEDY FOR THE INJURIES THEY SUSTAINED IN RESPONDING TO PEACE OFFICER’S REQUEST TO PROVIDE ASSISTANCE

Vol. 35 No. 27 CALIFORNIA SUPREME COURT PROVIDES SEVEN-FACTOR TEST THAT A TRIAL COURT SHOULD USE IN RULING ON A MOTION TO QUASH A SUBPOENA DUCES TECUM DIRECTED TO A THIRD PARTY

Vol. 35 No. 26 NINTH CIRCUIT FINDS THAT CALIFORNIA GOVERNMENT CODE SECTION 32310, WHICH BANS POSSESSION OF LARGE-CAPACITY MAGAZINES (“LCMs”), VIOLATES THE SECOND AMENDMENT

Vol. 35 No. 25 POLICE OFFICERS’ USE OF DEADLY FORCE WAS REASONABLE WHERE DRIVER ATTEMPTING TO FLEE IGNORED COMMANDS TO STOP AND DROVE NEAR, TOWARD, AND AMONGST THE OFFICERS

Vol. 35 No. 24 THE CALIFORNIA SUPREME COURT UPHOLDS THE “CALIFORNIA RULE” IN CASE OF ALAMEDA COUNTY DEPUTY SHERIFF’S ASSOCIATION v. ALAMEDA COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION

Vol. 35 No. 23 DISTRICT COURT ABUSED ITS DISCRETION IN GRANTING NATIONWIDE INJUNCTIVE RELIEF BARRING DOJ FROM USING THREE NEW CONDITIONS AS FUNDING REQUIREMENTS FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANTS

Vol. 35 No. 22 POLICE OFFICERS’ FAILURE TO PRECISELY COMPLY WITH POLICE DEPARTMENT TOWING POLICY’S INVENTORY SEARCH DIRECTION DID NOT RENDER SEARCH INVALID

Vol. 35 No. 21 ADMINISTRATIVE WARRANTS IMPERMISSIBLE TO SEARCH PREMISES IF PRIMARY MOTIVATION IS SEARCH FOR EVIDENCE IN CRIMINAL INVESTIGATION

Vol. 35 No. 20 CURFEW ENFORCEMENT

Vol. 35 No. 19 A CITY’S EFFORTS TO REDACT ELECTRONIC DATA PRIOR TO DELIVERING RESPONSIVE RECORDS IN RESPONSE TO A PUBLIC RECORDS ACT REQUEST IS NOT COMPENSABLE

Vol. 35 No. 18 THE JUDICIAL COUNCIL’S EMERGENCY RULE 4’s BAIL SCHEDULE SETS PRESUMPTIVE BAIL AMOUNT FOR COVERED OFFENSES AND VIOLATIONS, WHICH MAY BE MODIFIED BY SUPERIOR COURT

Vol. 35 No. 17 EIGHTH AMENDMENT PROHIBITS PRISON OFFICIALS FROM DISREGARDING KNOWN SUBSTANTIAL RISK OF SERIOUS HARM TO INMATE

Vol. 35 No. 16 SUPREME COURT “DUCKS” CONCERNING WHETHER NEW YORK CITY ORDINANCE IMPOSING TRAVEL RESTRICTIONS UPON HANDGUN LICENSEES VIOLATES THE SECOND AMENDMENT

Vol. 35 No. 15 LAW ENFORCEMENT EVALUATION OF COVID-19 HEALTH ORDER PROTESTS

Vol. 35 No. 14 SOUTHERN DISTRICT OF CALIFORNIA GRANTS PRELIMINARY INJUNCTION ENJOINING AMMUNITION BACKGROUND CHECK AND AMMUNITION ANTI-IMPORTATION LAWS

Vol. 35 No. 13 GOVERNOR’S EXECUTIVE ORDER N-54-20 AND ITS EFFECT ON REASONABLE SUSPICION FOR A TRAFFIC STOP FOR REGISTRATION VIOLATIONS

Vol. 35 No. 12 REASONABLE SUSPICION FOR A TRAFFIC STOP MAY EXIST WHEN AN OFFICER REASONABLY BELIEVES THAT THE REGISTERED OWNER’S DRIVER’S LICENSE HAS BEEN REVOKED

Vol. 35 No. 11 HIPAA DISCLOSURES – COVID 19 – FIRST RESPONDERS

Vol. 35 No. 10 EXECUTIVE ORDER N-40-20 – POBR STATUTE OF LIMITATIONS EXTENDED

Vol. 35 No. 9 GUIDANCE TO LAW ENFORCEMENT AGENCIES DURING COVID-19 STATE OF EMERGENCY

Vol. 35 No. 8 RECORDS IN THE POSSESSION OF THE CALIFORNIA DEPARTMENT OF JUSTICE ARE SUBJECT TO DISCLOSURE PURSUANT TO SB 1421

Vol. 35 No. 7 CHARTER CITIES ARE NOT EXEMPT FROM COMPLIANCE WITH GOVERNMENT CODE SECTION 7284.6, WHICH PROHIBITS STATE AND LOCAL LAW ENFORCEMENT FROM ENGAGING IN CERTAIN ACTS RELATED TO IMMIGRATION ENFORCEMENT

Vol. 35 No. 6 EMPLOYEE WHO WAS TERMINATED DURING HIS EXTENDED PROBATION WAS NOT ENTITLED TO AN ADMINISTRATIVE HEARING

Vol. 35 No. 5 PENAL CODE SECTION 632.7 PROHIBITS ONLY THIRD-PARTY EAVESDROPPERS, NOT THE PARTICIPANTS IN A PHONE CALL THEMSELVES, FROM INTENTIONALLY RECORDING TELEPHONIC COMMUNICATIONS

Vol. 35 No. 4 CALIFORNIA SUPREME COURT CONCLUDES THAT A SECRET RECORDING OF A PHONE CONVERSATION WAS NOT BARRED BY A PRIVACY PROVISION BECAUSE THAT PROVISION HAD BEEN REPEALED BY THE “RIGHT TO TRUTH-IN-EVIDENCE” PROVISION IN THE STATE CONSTITUTION

Vol. 35 No. 3 GOVERNOR GAVIN NEWSOM APPROVES ASSEMBLY BILL 1600 AMENDING PITCHESS MOTION REQUIREMENTS

Vol. 35 No. 2 PLAINTIFF’S STATE RETALIATION CLAIM NOT PRECLUDED BY STATE ADMINISTRATIVE AGENCY’S DECISION

Vol. 35 No. 1 NINTH CIRCUIT RULES THAT DISTRICT COURT ABUSED ITS DISCRETION IN PRECLUDING TESTIMONY CONCERNING MENTAL ILLNESS OF DECEDENT OF WHICH OFFICER WAS UNAWARE AT TIME OF INCIDENT

Vol. 34 No. 41 IN DOMESTIC VIOLENCE CASE, NINTH CIRCUIT DETERMINES THAT THE STATE-CREATED DANGER DOCTRINE MAY APPLY WHEN OFFICER COMMENTS CONVEY TO ABUSER THAT ABUSE MAY CONTINUE

Vol. 34 No. 40 AS OF JANUARY 1, 2020, EVERY LOCAL LAW ENFORCEMENT AGENCY IS REQUIRED TO CONSPICUOUSLY POST ON THEIR WEBSITES ALL CURRENT STANDARDS, POLICIES, PRACTICES, OPERATING PROCEDURES, AND EDUCATION AND TRAINING MATERIALS THAT WOULD OTHERWISE BE PUBLICLY AVAILABLE UPON A CPRA REQUEST

Vol. 34 No. 39 SOUTHERN DISTRICT FINDS CITY SEX OFFENDER RESIDENCY ORDINANCE PREEMPTED BY STATE LAW

Vol. 34 No. 38 THE FOURTH AMENDMENT DOES NOT PERMIT SEARCHING A VEHICLE TO LOCATE A DRIVER’S IDENTIFICATION FOLLOWING A TRAFFIC STOP ABSENT WARRANT OR OTHER EXCEPTION TO WARRANT REQUIREMENT

Vol. 34 No. 37 OFFICERS’ SEARCH OF A HOME LAWFUL BASED ON THEIR REASONABLE, THOUGH MISTAKEN, BELIEF THAT PAROLEE SUBJECT TO SEARCH CONDITION LIVED THERE

Vol. 34 No. 36 DISTRICT COURT DECLINES TO RECOGNIZE A PER SE RULE THAT AUTOMATICALLY PERMITS A PAT-SEARCH FOR EVERY LAWFULLY DETAINED ROBBERY SUSPECT

Vol 34 No 35 9th CIRCUIT AFFIRMS ORDER GRANTING PRELIMINARY INJUNCTION AGAINST DOJ’s USE OF NOTICE AND ACCESS CONDITIONS REGARDING BYRNE JAG GRANT FUNDING

California Supreme Court clarifies that to be liable in inverse condemnation, damage to private property must be substantially caused by inherent risks associated with the design, construction, or maintenance of a public improvement.

Vol. 34 No. 34 THE CALIFORNIA SUPREME COURT UNANIMOUSLY UPHELD THE DISCLOSURE OF “BRADY TIP LISTS” TO THE PROSECUTION

Vol. 34 No. 33 CALIFORNIA GOVERNOR SIGNS ASSEMBLY BILL 392 INTO LAW, MANDATING STANDARD FOR USE OF DEADLY FORCE

Vol. 34 No. 32 PEOPLE V. RAY’S FINDING OF COMMUNITY CARETAKING EXCEPTION IN ABSENCE OF EXIGENCY IS DISAPPROVED

Vol. 34 No. 31 WHEN OFFICERS HAVE REASON TO SUSPECT THAT A CRIME IS BEING PERPETRATED, OR THAT AN INDIVIDUAL HAS BEEN INJURED, A WARRANTLESS ENTRY DOES NOT VIOLATE THE FOURTH AMENDMENT

Vol. 34 No. 30 WARRANTLESS SEIZURE OF FIREARMS DID NOT VIOLATE FOURTH AMENDMENT OR SECOND AMENDMENT

Vol. 34 No. 29 COUNTY’S FEE FOR COPIES OF PUBLIC RECORDS REASONABLE WHERE PLAINTIFF FAILED TO ESTABLISH THAT “INDIRECT COSTS” VIOLATED GOVERNMENT CODE SECTION 27366

Vol. 34 No. 28 THE DOJ’S INCLUSION OF IMMIGRATION-RELATED SCORING FACTORS IN IMPLEMENTING THE COPS GRANT WAS CONSTITUTIONAL AND WITHIN ITS STATUTORY AUTHORITY

Vol. 34 No. 27 WHEN A DRIVER IS UNCONSCIOUS, AND THEREFORE CANNOT BE GIVEN A BREATH TEST, THE EXIGENT-CIRCUMSTANCES EXCEPTION WILL USUALLY PERMIT A BLOOD TEST WITHOUT A WARRANT

Vol. 34 No. 26 NINTH CIRCUIT UPHOLDS DECISION FINDING FORMER CITY MANAGER VIOLATED FORMER POLICE CHIEF’S CONSTITUTIONAL RIGHTS

Vol. 34 No. 25 POLICE DEPARTMENT MAY PROPERLY CONSIDER OFFICER’S PREPROBATIONARY CONDUCT IN RESCINDING OFFICER’S PROBATIONARY PROMOTION

Vol. 34 No. 24 TITLE VII’S CHARGE-FILING REQUIREMENT IS NOT A JURISDICTIONAL PRESCRIPTION AND MUST BE TIMELY ASSERTED BY A DEFENDANT

Vol. 34 No. 23 TOTALITY OF CIRCUMSTANCES DID NOT PROVIDE OFFICERS WITH THE REQUISITE REASONABLE SUSPICION OF CRIMINAL ACTIVITY TO STOP DEFENDANT

Vol. 34 No. 22 UNDER HEALTH AND SAFETY CODE SECTION 11362.1, POSSESSION OF LESS THAN AN OUNCE OF CANNABIS IN PRISON IS NO LONGER A CRIME

Vol. 34 No. 21 SUPREME COURT HOLDS THAT PROBABLE CAUSE TO ARREST DEFEATS FIRST AMENDMENT RETALIATION CLAIM

Vol. 34 No. 20 OFFICERS ENTITLED TO QUALIFIED IMMUNITY WHERE NO CLEARLY ESTABLISHED LAW DEMONSTRATED THAT PROBATIONARY OFFICER’S RIGHTS WERE VIOLATED

Vol. 34 No. 19 DISABILITY RETIREMENT APPLICATION DENIED TO EMPLOYEE WHO SETTLED A PENDING TERMINATION FOR CAUSE BY RESIGNATION

Vol. 34 No. 18 NINTH CIRCUIT AFFIRMS MUCH OF DISTRICT COURT DECISION NOT TO ENJOIN ENFORCEMENT OF CALIFORNIA IMMIGRATION STATUTES AB 450, AB 103, AND SB 54

Vol. 34 No. 17 “CHALKING” THE TIRES OF PARKED VEHICLES FOUND TO BE A VIOLATION OF THE FOURTH AMENDMENT

Vol. 34 No. 16 MARTIN V. CITY OF BOISE PETITION FOR REHEARING AND REHEARING EN BANC DENIED

Vol. 34 No. 15 UNITED STATES SUPREME COURT REJECTS DEATH PENALTY CHALLENGE BY INDIVIDUAL WITH RARE DISEASE

Vol. 34 No. 14 DISTRICT COURT DECLARES CALIFORNIA LAW PROHIBITING THE POSSESSION AND USE OF GUN MAGAZINES WITH MORE THAN TEN ROUNDS UNCONSTITUTIONAL

City council meeting agendas must be posted prominently on a city’s internet homepage and must be searchable by commonly used internet search applications

Cities cannot limit public comments at special meetings based on comments at prior, distinct meetings.

Vol. 34 No. 13 COURT OF APPEAL DETERMINES THAT SB 1421 APPLIES TO RECORDS CREATED PRIOR TO JANUARY 1, 2019

Vol. 34 No. 12 SHERIFF’S ISSUANCE OF MEMORANDUM RESTRICTING DEPARTMENT COMMUNICATIONS WITH ICE WAS A PROTECTED DISCRETIONARY ACT UNDER CALIFORNIA GOVERNMENT CODE SECTION 820.2

Vol. 34 No. 11 COURT FINDS THAT STATE LAW REQUIRING SHERIFFS TO HAVE LAW ENFORCEMENT EXPERIENCE IS CONSTITUTIONAL

Vol. 34 No. 10 WARRANTLESS PLACEMENT OF A GPS TRACKER ON A PAROLEE’S CAR WAS PERMISSIBLE IN LIGHT OF UNITED STATES V. JOHNSON

We are excited to announce our Northern California office has moved to Citrus Heights!

Vol. 34 No. 9 DISTRICT COURT ORDERS INJUNCTION ENJOINING SHERIFF FROM USING BAIL SCHEDULE TO DETERMINE RELEASE OF DETAINEES WHO CANNOT AFFORD BAIL

Vol. 34 No. 8 CALIFORNIA SUPREME COURT HOLDS THAT OPPORTUNITY TO PURCHASE AIRTIME CREDIT WAS NOT A RIGHT PROTECTED BY THE CONTRACT CLAUSE AND THEREFORE COULD BE ELIMINATED BY THE LEGISLATURE

Vol. 34 No. 7 EIGHTH AMENDMENT’S PROHIBITION ON EXCESSIVE FINES APPLIES TO THE STATES

Vol. 34 No. 6 COLLECTION OF DEFENDANT’S DNA SAMPLE WAS UNLAWFUL UNDER THE FOURTH AMENDMENT BECAUSE PROSECUTION FAILED TO PROVE THAT HIS DNA WAS COLLECTED AS PART OF A ROUTINE BOOKING PROCEDURE

Vol. 34 No. 5 EXIGENT CIRCUMSTANCE OF INMATE DISTURBANCES AND LOCKDOWNS JUSTIFIED JAIL OFFICIALS’ DENYING PRETRIAL DETAINEE PLAINTIFF A BED AS OFFICIALS WERE PRIORITIZING SECURITY NEEDS

Vol. 34 No. 4 SEARCH INCIDENT TO ARREST MAY OCCUR PRIOR TO ARREST IF PROBABLE CAUSE EXISTS, EVEN WHERE THE CRIME FOR WHICH PROBABLE CAUSE EXISTED IS DIFFERENT FROM CRIME OF SUBSEQUENT ARREST

Vol. 34 No. 3 BUREAU OF PRISONS STATUTE PROHIBITING THE MAILING OF THREATENING LETTERS WHILE IMPRISONED IS NOT UNCONSTITUTIONALLY VAGUE AND IS SUFFICIENTLY NARROW TO ENCOMPASS UNTRUTHFUL THREATS

Vol. 34 No. 2 SUPREME COURT REVERSES THE NINTH CIRCUIT, AGAIN, ON THE ISSUE OF QUALIFIED IMMUNITY

Vol. 34 No. 1 CALIFORNIA DOJ PROMULGATES GUIDELINES REGARDING RETENTION REQUIREMENTS FOR RECORDS PURSUANT TO SENATE BILL 1421

New Law Treats Microenterprise Home Kitchen Operations like Retail Food Establishments for Health and Sanitation Standards Enforcement

New Law Authorizes Affordable Housing Authorities to Construct Emergency Shelters, Supportive Housing & Transitional Housing

Vol. 33 No. 38 WITHOUT SUBSTANTIVE CHANGES, MERE RESTATEMENT OF STATE PROVISION IN SUBSEQUENT BALLOT MEASURE DOES NOT TERMINATE STATE OBLIGATION TO REIMBURSE COUNTIES FOR COSTS INCURRED IN COMPLIANCE WITH PROVISION

Vol. 33 No. 37 A CRIMINAL INVESTIGATION IS NO LONGER PENDING — AND THE TOLLING PERIOD IN POBRA’S SECTION 3304(D)(2)(A) ENDS — WHEN A FINAL DETERMINATION IS MADE NOT TO PROSECUTE ALL OF THE PUBLIC SAFETY OFFICERS IMPLICATED IN THE MISCONDUCT AT ISSUE

Vol. 33 No. 36 PETITIONER ENTITLED TO RETURN OF SEIZED MARIJUANA PROPERTY UNDER CALIFORNIA LAW

Vol. 33 No. 35 DUE TO THE PASSAGE OF PROPOSITION 57, ALL NONVIOLENT STATE PRISONERS, INCLUDING “THIRD STRIKE” OFFENDERS, ARE ELIGIBLE FOR PAROLE CONSIDERATION

New State Law Imposes Procedural Protections Against Water Utility Shutoffs

Vol. 33 No. 34 POLICE OFFICER BODY CAMERA VIDEO AND AUDIO RECORDINGS OF “CRITICAL INCIDENTS” ARE DISCLOSABLE UNDER THE PUBLIC RECORDS ACT

Vol. 33 No. 33 RECORDS OF OFFICER INVOLVED SHOOTINGS, USES OF FORCE RESULTING IN GREAT BODILY INJURY OR DEATH, AND SUSTAINED INCIDENTS OF SEXUAL ASSAULT AND DISHONESTY ARE SUBJECT TO DISCLOSURE UNDER THE PUBLIC RECORDS ACT

Vol. 33 No. 32 DISTRICT COURT ORDER IN IMMIGRATION CASE GRANTS CITY’S APPLICATION FOR PRELIMINARY INJUNCTION WHERE ATTORNEY GENERAL SEEKS TO IMPOSE IMMIGRATION CONDITIONS ON FEDERAL GRANTS FOR CITY

Vol. 33 No. 31 CALIFORNIA SUPREME COURT DENIES REVIEW OF COURT OF APPEAL DECISION ON POBRA STATUTE OF LIMITATIONS

Vol. 33 No. 30 A REVIEW OF THE LAW ENFORCEMENT OFFICERS SAFETY ACT AND RECENT CASE DEVELOPMENTS

9th Circuit Determines Ceremonial Prayer During School Board Meeting Violates Establishment Clause

California Supreme Court Upholds City’s Transfer of Funds from its Utility Enterprise Fund to its General Fund

Increased Amounts for Bidding Public Projects under the Uniform Public Construction Cost Accounting Act

New State Law Limits City Authority to Regulate Sidewalk Vendors

Vol. 33 No. 29 THE EIGHTH AMENDMENT’S PROHIBITION ON CRUEL AND UNUSUAL PUNISHMENT BARS CITY FROM PROSECUTING INDIVIDUALS CRIMINALLY FOR SLEEPING OUTSIDE ON PUBLIC PROPERTY WHEN NO SHELTER AVAILABLE

Vol. 33 No. 28 MEET AND CONFER DUTY ATTACHES WHERE LOCAL OFFICIAL WITH RESPONSIBILITY OVER LABOR RELATIONS USES POWER OF OFFICE TO LEAD PROMOTION OF BALLOT INITIATIVE AFFECTING PUBLIC EMPLOYMENT TERMS AND CONDITIONS

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

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

Vol. 33 No. 25 CALIFORNIA SUPREME COURT UPHOLDS PUBLIC AGENCY PURSUIT IMMUNITY ACCORDED BY CALIFORNIA VEHICLE CODE SECTION 17004.7

Vol. 33 No. 24 OFFICERS HAD REASONABLE SUSPICION TO BELIEVE THAT SUSPECT WAS ENGAGED IN CRIMINAL ACTIVITY UNDER THE TOTALITY OF THE CIRCUMSTANCES

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

Vol. 33 No. 22 NINTH CIRCUIT RULES THAT SECOND AMENDMENT PROTECTS THE RIGHT TO OPEN CARRY OF FIREARM

Vol. 33 No. 21 DISTRICT COURT ORDER IN IMMIGRATION CASE DENIES, IN PART, AND GRANTS, IN PART, THE FEDERAL GOVERNMENT’S MOTION FOR PRELIMINARY INJUNCTION

Vol. 33 No. 20 ABOOD OVERTURNED; PUBLIC SECTOR AGENCY-SHOP ARRANGEMENT REQUIRING DUES FROM NON-MEMBERS CONTRAVENES FIRST AMENDMENT