Vol. 29 No. 26 PERUTA v. COUNTY OF SAN DIEGO: ALL APPLICATIONS TO INTERVENE ARE DENIED
The three judge panel of the Ninth Circuit U.S. Court of Appeals, which decided the Peruta case, has, finally after more than nine months, ruled
The three judge panel of the Ninth Circuit U.S. Court of Appeals, which decided the Peruta case, has, finally after more than nine months, ruled
Recent News: – Martin Mayer presented a legal update at the International Association of Chiefs of Police (IACP) annual conference in Orlando, Florida to the
TAKING DNA FROM ARRESTEES: A CONFLICT BETWEEN STATE AND FEDERAL COURTS On December 3, 2014, the California Court of Appeal, First Appellate District, unanimously held, in
USE OF “PITCHESS” MOTIONS IN ADMINISTRATIVE DISCIPLINARY APPEALS IS PERMITTED On December 1, 2014, the California Supreme Court decided the case of Riverside County Sheriff’s Department
COURT OF APPEAL RULES THAT LAPD POLICY ON IMPOUNDING VEHICLES IS LEGAL On December 26, 2014, the California Second District Court of Appeal held, in LAPPL
WORKPLACE INVESTIGATIONS REGARDING ALLEGED MISCONDUCT – PITFALLS TO AVOID By: Martin J. Mayer, General Counsel- California State Sheriffs’ Association Investigations of alleged misconduct by employees are inevitable, in
IF A SHERIFF IS ENTITLED TO INDEPENDENT COUNSEL, PURSUANT TO GOV. CODE 31000.6, COURT CANNOT LIMIT THE SCOPE OF REPRESENTATION. On January 6, 2015, the
FEDS IMPLEMENT MAJOR CHANGE TO ASSET FORFEITURE RULES On January 16, 2015, Attorney General Eric Holder announced that “effective immediately, the Justice Department is taking
JONES & MAYER, as counsel to the California Police Chiefs’ Association (CPCA), the California State Sheriffs’ Association (CSSA), and the California Peace Officers’ Association (CPOA)
ACLU PUBLIC RECORDS REQUEST In response to a request for our thoughts regarding the attached demand (click here to view the demand) from the ACLU
CALIFORNIA SUPREME COURT ACCEPTS DNA CASE FOR REVIEW I am most pleased to inform you that the California Supreme Court has granted review in the
CAL SUPREME COURT RULES “JESSICA’S LAW” UNCONSTITUTIONAL AS APPLIED IN SAN DIEGO On March 2, 2015, the California Supreme Court unanimously found that the application of
MUST LAW ENFORCEMENT “REASONABLY ACCOMMODATE” VIOLENT, MENTALLY ILL, SUSPECTS WHEN TAKING THEM INTO CUSTODY? On March 23, 2015, the United States Supreme Court heard oral
CCW CASE TO BE REHEARD BY “EN BANC” PANEL On March 26, 2015, the full Ninth Circuit U.S. Court of Appeal voted to have an
GPS TRACKING OF CONVICTED PERSON MAY BE UNCONSTITUTIONAL On March 30, 2015, the United States Supreme Court held, in Grady v. North Carolina, that placing
Religious Land Use and Institutionalized Persons Act (RLUIPA) By: Martin J. Mayer, General Counsel California State Sheriffs’ Association The Religious Land Use and Institutionalized Persons
JONES & MAYER Successful in Rivero v. Lake County Board of Supervisors The California Court of Appeal unanimously ruled in favor of a Sheriff’s right
U.S. SUPREME COURT LIMITS DETAINING PERSON IN ROUTINE TRAFFIC STOP On April 21, 2015, the U.S. Supreme Court held, in Rodriguez v. United States, that “(a)bsent
I. Summary On March 27, 2015, the California Court of Appeal ruled that a city cannot retroactively cut pension benefits. In Protect our Benefits v.
ALPR DATA EXEMPT FROM CPRA DISCLOSURE On May 6, 2015, the Second District Court of Appeal ruled, unanimously, in ACLU et al. v. Superior Court
On May 18, 2015, the U.S. Supreme Court ruled 6 – 2 in City and County of San Francisco v. Sheehan, that police officers who
On May 18, 2015, the U.S. Supreme Court ruled, unanimously, in the case of Henderson v. United States, that 18 U.S.C. section 922(g), which prohibits
On May 26, 2015 the Third District Court of Appeals held, in Higgins-Williams v. Sutter Medical Foundation, that “an inability to work under a particular
DEFENSE VERDICT OBTAINED IN ADMITTED LIABILITY CASE Senior Litigator, Harold W. Potter, obtained a defense verdict on May 4, 2015, on an admitted liability case.
Can public funds or resources be used to distribute material which is political in nature in an effort to urge the public to support or
On June 22, 2015, the United States Supreme Court, in a 5-4 decision, in the case of City of Los Angeles v. Patel, held that
OBJECTIVE REASONABLENESS IS THE STANDARD OF REVIEW FOR USES OF FORCE ON PRETRIAL DETAINEES In a June 22, 2015, decision, the United States Supreme Court acted
THE DISTRICT ATTORNEY MUST SERVE A PITCHESS MOTION BEFORE ACCESSING A PEACE OFFICER’S PERSONNEL FILE On July 6, 2015, the California Supreme Court unanimously overturned the case
COUNTY JAIL FACILITIES MAY BE REQUIRED TO PROVIDE ATTORNEY CONTACT VISITS WITH INMATES On July 8, 2015, the California Supreme Court denied review of the Third
I. Summary Designed to protect Native American tribal cultural resources, Assembly Bill 52 (“AB 52”) amends California Environmental Quality Act (‘CEQA”) procedures to require lead
I. Summary On June 18, 2015[1] the United States Supreme Court held that an Arizona city’s sign ordinance that categorized signs into types with different
I. Summary Relying on a city’s broad power to regulate land use, the California Supreme Court recently upheld the City of San Jose’s inclusionary housing
On several days during July, 2015, the Los Angeles Times and other media outlets have published news stories regarding crimes committed by persons who had
By: Martin J. Mayer, General Counsel California State Sheriffs’ Association In 1987, the United States Supreme Court established criteria to be considered when deciding if
MEMORANDUM SUMMARY OF RECENT CASES AFFECTING CITIES Subject: California State University Cannot Avoid Paying for Mitigation Measures Necessitated by Campus Expansion by Asserting the
The claim of negligent training is one of the most common claims against law enforcement, especially in federal civil rights lawsuits. In order to defend
On August 24, 2015, the California Supreme Court addressed the question, in Poole v. Orange County Fire Authority, “whether [Gov. Code] section 3255 gives an
Jones & Mayer was successful in defending significant challenges leveled against two very disparate clients. In the first case, Jacobs et al v. Regents of the
AGENCIES MAY RECOVER CERTAIN COSTS OF TRAINING IF OFFICERS LEAVE EMPLOYMENT SHORTLY AFTER GRADUATING FROM THE ACADEMY On August 31, 2015, the California Court of
Jones & Mayer recently prevailed in San Bernardino County Superior Court on behalf of the City of Fontana in a Civil Code of Procedure §1094.5
On Friday, September 25, 2015, Jones & Mayer was successful in having a very dangerous interim order, issued by a judge in the Stanislaus County
On September 29, 2015, the California Court of Appeal, Third Appellate District, held in the case of Danser v. California Public Employee Retirement System et
AGENCY MAY DISCIPLINE OFFICER FOR MISCONDUCT EVEN WHEN OFFICER IS ON UNPAID “RELIEVED OF DUTY” STATUS On September 29, 2015, the California Court of Appeal,