California Law Enforcement and Body-Worn Cameras in 2021
The widespread adoption of body-worn cameras (BWCs) by law enforcement agencies throughout the United States has transformed public expectations of transparency and accountability in policing.
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
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. 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
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
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
The widespread adoption of body-worn cameras (BWCs) by law enforcement agencies throughout the United States has transformed public expectations of transparency and accountability in policing.
For decades, service to our state’s law enforcement agencies has been central to Jones & Mayer’s mission. Partner James Touchstone carries on the tradition today.
The First District Court of Appeal in Collondrez v. City of Rio Vista, (2021) 61 Cal. App. 5th 1039, issued a decision in which a
A recent decision by the Eleventh Circuit Court of Appeals has garnered attention and, in the process, created some confusion about the Americans with Disabilities
In Oakland Police Officers’ Ass’n v. City of Oakland, the California First District Court of Appeal concluded that the Public Safety Officers Procedural Bill of
In Tobias v. Arteaga, the Ninth Circuit Court of Appeals reversed the denial of qualified immunity for officers with regards to a plaintiff’s Fourteenth Amendment
In a unanimous 9-0 decision, the United States Supreme Court in Caniglia v. Strom rejected a lower court’s broad interpretation of the “community caretaking exception,”
The Fair Housing Act (FHA), 42 U.S.C. § 3604, broadly prohibits discrimination on the basis of race, color, religion, sex, familial status, or national origin
Summary On March 10, 2021, Congress passed the American Rescue Plan Act of 2021 (the “Act”). The Act provides relief funding for states and local
Jones Mayer is pleased to announce that the San Juan Water District has engaged Partner Ryan Jones to serve as the District’s General Counsel. Serving
On March 10, 2021, Congress passed the American Rescue Plan Act of 2021 (the “Act”), which created a fund to assist state and local governments
In Lange v. California, the United States Supreme Court held that an officer’s pursuit of a fleeing misdemeanor suspect does not categorically justify a warrantless
Jones Mayer’s lead legal secretary, Wendy Gardea, brings a runner’s mindset to her work. She draws on the disciplines built over the miles to bring
In the June 2021 case of Miller v. Bonta, the United States District Court for the Southern District of California held that California statutes which
Background The Ninth Circuit Court of Appeals has recently reaffirmed a decades old California state appellate court decision that held that the massage industry is
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.
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
On July 23, 2021, AB1475 was signed and chaptered into law, and will take effect on January 1, 2022. The bill creates limitations on the
The sharing economy is no longer a new idea, but the constant development of novel business models centered on the sharing concept creates interesting challenges
Jones Mayer is pleased to announce the elevation of six attorneys to the Firm’s partnership, effective August 1. Each of the professionals listed below has
In People v. Raybon,[1] the California Supreme Court concluded that possession of cannabis in prison remains a violation of Penal Code section 4573.6, even after
Jones Mayer Senior Counsel and Director of City Receiverships Amanda Pope recently was the featured guest on the Code Concepts podcast. The discussion provides a
In Ohlson v. Brady,[1] the Ninth Circuit Court of Appeals determined that public agency defendants were entitled to qualified immunity in an employee’s action alleging
Jones Mayer partner Keith F. Collins grew up the son of a lawyer. His father’s firm in Lancaster, California, handled wills and personal injury cases,
In Sanders v. City of Pittsburg,[1] the Ninth Circuit Court of Appeals affirmed the dismissal of a complaint brought pursuant to 42 U.S.C. section 1983
In the case Rivas-Villegas v. Cortesluna,[1] the United States Supreme Court reversed the Ninth Circuit Court of Appeal’s decision denying qualified immunity to a police
In the case of Ballou v. McElvain,[1] the Ninth Circuit Court of Appeals affirmed the denial of qualified immunity to a police chief on an
Jones Mayer is proud to announce Senior Litigator Harold W. Potter has been nominated and elected to the prestigious national organization of the American Board
Jones Mayer partner, Jamaar M. Boyd-Weatherby, is pleased to have been published in The Daily Journal. Through his article, “Proceed with caution handling religious exemption
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
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
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
Although she didn’t always intend to pursue a career in law, now, Jones Mayer Partner Denise Rocawich can’t imagine doing anything other than law enforcement
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
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
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
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
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
In Joseph v. City of Atwater, 74 Cal. App. 5th 974 (5th Dist. 2022), the Court of Appeal held that an employment agreement created a
Jones Mayer mourns the passing of Senior Litigator Harold W. Potter, Jr., who passed away on March 21, 2022. “Harold was an inspiration to the
In Perez v. City & Cnty. of S.F., 2022 Cal. App. LEXIS 171 (1st Dist. Mar. 1, 2022), the Court of Appeal concluded that a
There will be a “Celebration of Life” service for Harold W. Potter on Saturday, May 7, 2022, at 2:00 PM at Long Beach First Church
In Kinney v. Superior Court, 2022 Cal. App. LEXIS 293 (5th Dist. Apr. 7, 2022), the Court of Appeal determined that arrestee name information was
In Thompson v. Clark, 212 L. Ed. 2d 382 (2022), the United States Supreme Court held that to demonstrate a favorable termination of a criminal
Jones Mayer is proud to announce that attorneys Lauren L’Ecuyer and Marcellus Mosley have recently passed the California bar exam. Ms. L’Ecuyer, a University of
Jones Mayer is excited to announce that Jeremy Warren has joined our team as an Associate Attorney, focusing on civil rights litigation, police representation, torts,
In Jones v. Bonta, 2022 U.S. App. LEXIS 12657 (9th Cir. May 11, 2022), the Ninth Circuit Court of Appeals determined the California law prohibiting
In a 6-3 decision, the United States Supreme Court in, New York State Rifle & Pistol Association, Inc., et al., v. Bruen,[1] determined that the
In a 6-3 decision in Vega v. Tekoh,[1] the United States Supreme Court reversed and remanded a Circuit Court decision holding that the use of
In light of its decision in New York State Rifle & Pistol Association, Inc., et al., v. Bruen,[1] the United States Supreme Court issued an
Jones Mayer mourns the passing of Peter L. Wallin who passed away on July 25, 2022. Peter was extraordinary, not just as an attorney, but
In Wyatt v. Kern High Sch. Dist., 80 Cal. App. 5th 1116 (5th Dist. 2022), a California Court of Appeal concluded that a peace officer’s
In Garnier v. O’Connor-Ratcliff,[1] the Ninth Circuit Court of Appeals determined that members of a school district’s board of trustees acted under color state law
The Ninth Circuit Court of Appeals, in Hernandez v. City of Phoenix,[1] found that although it seemed like a police officer’s social media posts expressing
In Geo Grp., Inc. v. Newsom,[1] the en banc panel of the Ninth Circuit Court of Appeals declared California enacted Assembly Bill 32 (“AB 32”),
California Court of Appeal found that County defendants were not liable in a case where after a deputy sheriff exchanged gunfire with an armed intruder
In Peck v. Montoya,[1] the Ninth Circuit Court of Appeals concluded that three deputies who did not shoot at a decedent, and who was shot
In Verdun v. City of San Diego,[1] the Ninth Circuit Court of Appeals held that municipalities are not required to obtain warrants before chalking tires
In United States v. Anderson,[1] the Ninth Circuit Court of Appeals concluded that a District Court did not err in concluding that the government established
The California Supreme Court, in People v. Tacardon,[1] concluded that shining a spotlight for illumination does not ipso facto constitute a detention under the Fourth
In San Diego Police Dept. v. Geoffrey S.,[1] the Fourth District held that hearsay evidence is admissible at a hearing on a gun violence restraining
In Duarte v. City of Stockton,[1] the Ninth Circuit Court of Appeals concluded that that Heck v. Humphrey bar did not apply when criminal charges
FULLERTON, CA—Jones Mayer is pleased to announce the successful defense of the City of Whittier in a trip-and-fall personal injury case brought in Los Angeles
In a 2-1 decision, the Ninth Circuit Court of Appeals concluded that plaintiffs adequately stated their 42 U.S.C. section 1983 claims against a police sergeant