Vol. 32 No. 3 UNITED STATES SUPREME COURT REVERSES DENIAL OF QUALIFIED IMMUNITY
On January 9, 2017, in the case White v. Pauly, the United States Supreme Court unanimously reversed a decision by the Tenth Circuit Court of
On January 9, 2017, in the case White v. Pauly, the United States Supreme Court unanimously reversed a decision by the Tenth Circuit Court of
SUMMARY On March 2, 2017, the California Supreme Court, in City of San Jose v. Superior Court of Santa Clara County (Smith),[1] held that “when
On February 14, 2017, the California Second District Court of Appeal held, in the case of Atkins et al. v. City of Los Angeles, 2017
On March 2, 2017, the California Supreme Court, in City of San Jose v. Superior Court of Santa Clara County (Smith),[1] held that “when a
In November 2016, the California Supreme Court granted review of Marin Association of Public Employees v. Marin County Employees’ Retirement Association, 2 Cal. App. 5th
On March 13, 2017, the Ninth Circuit Court of Appeal held, in the case of United States v. Perkins, 2017 U.S. App. LEXIS 4364, that
In an opinion dated March 24, 2017, the Fourth District of the Court of Appeal, acting in Bonome v. City of Riverside (2017 Cal.App. LEXIS
April 17, 2017 I. Summary Public works contracts entered into between January 1, 2017 and January 1, 2020 must incorporate the newly enacted contractor claims procedures
On April 19, 2017, the Second District Court of Appeal, in Baranchik v. Fizulich, 2017 Cal. App. LEXIS 356 (Cal. App. 2d. Dist. Apr. 19,
On May 12, 2017, the Ninth Circuit Court of Appeals held, in the case of S.B. v. County of San Diego, 2017 U.S. App. LEXIS
On May 30, 2017, the United States Supreme Court issued its opinion in County of Los Angeles v. Mendez, 581 U.S. __, 2017 U.S. LEXIS
NINTH CIRCUIT COURT OF APPEAL HOLD THAT FEDERAL DISTRICT-WIDE COURTROOM SHACKLING POLICY IS UNCONSTITUTIONAL On May 31, 2017, the Ninth Circuit Court of Appeal, sitting
On June 6, 2017, the Ninth Circuit Court of Appeal, sitting en banc, issued and published an opinion in Lowry v. City of San Diego
Attorney Ryan Jones has been selected to serve as the next chair of the League of California Cities Legal Advocacy Committee. After serving for the last year on
On May 19th, Jim Touchstone attended the graduation of California Peace Officers’ Association Leadership Development Course in Sacramento. At the graduation ceremony, Mr. Touchstone presented
On May 24, 2017, in the case of Rubenstein v. Whittier Police Department, the Ninth Circuit Court of Appeals affirmed the summary judgment ruling of
On June 21, 2017, the Ninth Circuit Court of Appeals issued an opinion in Brewster v. Beck holding that the 30-day impound of a vehicle
On June 26, 2017, the United States Supreme Court denied certiorari in the closely followed case of Peruta v. County of San Diego, 824 F.3d
Each year the La Habra Chamber of Commerce honors individuals, businesses and organizations that have shown exceptional achievements and service to our community. This year,
On June 29, 2017, the federal District Court for the Southern District of California, in the case entitled Duncan v. Becerra, 2017 U.S. Dist. LEXIS
On July 6, 2017, the California Court of Appeal published the case of Ana v. City of Santa Ana, Cal. App. LEXIS 608 (Cal. App.
The Second District Court of Appeal in Los Angeles issued a 2-1 opinion on July 11, 2017 in the case of Association for Los Angeles
Yesterday’s client alert memorandum (Vol. 32, No. 19) erroneously suggested the new case of ALADS v. Superior Court only applied in Los Angeles, Ventura, Santa
July 3, 2017, the California Supreme Court, in People v. Valencia, 2017 Cal. LEXIS 4893 (Cal. July 3, 2017), held that Proposition 47’s definition of
On May 16, 2017, the United States District Court for the Northern District of Illinois, in United States v. Rosario, 2017 WL 2117534 (N.D. ILL.
On August 24, 2017, the California Supreme Court denied a writ petition[1] challenging the constitutionality of Proposition 66 (“Prop 66”), which was approved by California
On August 23, 2017, the Court of Appeals for the Ninth Circuit, in Bracken v. Okura, 2017 U.S. App. LEXIS 16105 (9th Cir. Aug. 23,
On August 31, 2017, the California Supreme Court, in ACLU of Southern Calif. v. Super Court of Los Angeles (County of LA, et. al. Real
On August 23, 2017, the Second District Court of Appeal, in Ramirez v. City of Gardena,[1] held that “promulgation” in California Vehicle Code section 17004.7(b)(2)[2]
On August 31, 2017, the Ninth Circuit Court of Appeals ruled that a suit could proceed that alleged an Oregon county jail discriminated against a
I. Summary On August 24, 2017, the California Court of Appeal held that the City of Pasadena was not liable for damages caused by a
On September 15, 2017, a panel of the Ninth Circuit Court of Appeals, in Woodward v. City of Tucson,[1] reversed the district court’s denial of
On September 14, 2017, the California Court of Appeal held, in a case entitled Diego v. City of Los Angeles,[1] that the City of Los
On October 5, 2017, Governor Jerry Brown signed into law Senate Bill (SB) 54, which, among other things, and subject to exceptions, prohibits state and
On October 20, 2017, the Ninth Circuit Court of Appeals decided, in the case of Jones v. Las Vegas Metro. Police Dep’t, 2017 U.S. App,
In June 2017, the United States District Court for the Central District of California, in Roy v. County of Los Angeles,[1] concluded that the Fourth
On November 13, 2017, the California Court of Appeal for the Sixth Appellate District decided, in the case of People v. Zabala, 2017 Cal. App.
On November 30, 2017, the Ninth Circuit Court of Appeals held, in Smith v. City of Santa Clara, 2017 U.S. App. LEXIS 24307 (9th Cir.
Several new state laws were passed by the Legislature in 2017 that will impact California’s law enforcement agencies. Brief summaries of relevant new laws are
On January 8, 2018, Division Four of the First District Court of Appeal, in Alameda County Deputy Sheriff’s Association et al. v. Alameda County Employees’
People v. Ovieda, 2018 Cal. App. LEXIS 34 (2nd Dist. Jan. 17, 2018) Facts In June 2015, the sister of plaintiff Ovieda told a 911
District of Columbia v. Wesby, 2018 U.S. LEXIS 760 (U.S. Jan. 22, 2018) Facts In March 2008, District of Columbia Metropolitan Police Department received a
Perez v. City of Roseville, 2018 U.S. App. LEXIS 3212 (9th Cir. Feb. 9, 2018) Facts In January 2012, Janelle Perez was hired by Roseville
Silvester v. Becerra, 2018 U.S. LEXIS 897 (U.S. Feb. 20, 2018) On February 20, 2018, the United States Supreme Court denied the petition for a
Effective January 1, 2018, CalPERS contracting agencies and school employers are required to restrict “out of class appointments” to 960 hours in a fiscal year.
Bonivert v. City of Clarkston, 2018 U.S. App. LEXIS 4625 (9th Cir. Feb. 26, 2018) Facts In January 2012, City of Clarkston, Washington (the “City”)
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
On January 25, 2018, the First District, Division One of the California Court of Appeal, issued a published opinion in In re Humphrey, 19 Cal.
On April 2, 2018, in the case of People v. Buza, 2018 Cal. LEXIS 2245 (Cal. Apr. 2, 2018), the Supreme Court of California held
On April 2, 2018, in Kisela v. Hughes, 2018 U.S. LEXIS 2245 (U.S. Apr. 2, 2018), the United States Supreme Court held that, even assuming
David Demurjian of Jones & Mayer is a member of the police practices group (“PPG”). Mr. Demurjian is also a defensive tactics instructor for both
On May 14, 2018, in the case of United States v. Sanchez-Gomez, 2018 U.S. LEXIS 2804 (U.S. May 14, 2018), the United States Supreme Court
On May 14, 2018, in the case of Byrd v. United States, 2018 U.S. LEXIS 2803 (U.S. May 14, 2018), the Supreme Court of the
On May 29, 2018, in the case of Collins v. Virginia, 2018 U.S. LEXIS 3210 (U.S. May 29, 2018), the Supreme Court of the United
Communications configured by social media users to be “public” fall within the lawful consent exception of Stored Communication Act’s section 2702(b)(3), according to the California
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
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
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
On June 11, 2018, in the case of Vos v. City of Newport Beach, 2018 U.S. App. LEXIS 15633 (U.S. June 11, 2018), the Ninth
On June 27, 2018, in the case of Janus v. AFSCME, Council 31, 2018 U.S. LEXIS 4028 (U.S. June 27, 2018), the Supreme Court of
In the case of United States v. California, 2018 U.S. Dist. LEXIS 112055 (E.D. Cal. July 5, 2018), a motion by the United States of
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,
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
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