News & Information

Client Alerts — Law Enforcement April 9, 2024

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

On March 15, 2024, the United States Supreme Court issued its opinion in a case entitled Lindke v. Freed.1  In this case, the Court established a new standard to assess whether a social media account managed by a local, state, or federal government official subjects that public official to a potential First Amendment violation under…

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Municipal Law Updates March 26, 2024

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

On March 15, 2024, the United States Supreme Court, in Lindke v. Freed1 and O’Connor-Ratcliff v. Garnier2 established a new standard to assess whether a social medial account run by local, state, or federal government officials subjects that public official to a potential First Amendment violation under 42 U.S.C. Section 1983. The decisions clarify when…

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Municipal Law Updates March 25, 2024

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 –

On March 15, 2024, the United States Supreme Court, in Lindke v. Freed and O’Connor-Ratcliff v. Garnier established a new standard to assess whether a social medial account run by local, state, or federal government officials subjects that public official to a potential First Amendment violation under 42 U.S.C. Section 1983. The decisions clarify when…

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Municipal Law Updates February 15, 2024

Employer Requirements for Workplace Violence Plans Effective July 1, 2024

On September 30, 2023, Governor Gavin Newsom signed into law Senate Bill 553, effective July 1, 2024, which updates requirements for obtaining protective orders on behalf of an employee and creates a new requirement for employers to develop a workplace violence plan and violence log—and requires them to train employees on workplace violence.  SB 553…

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Client Alerts — Law Enforcement February 13, 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

In ruling on a prisoner’s First Amendment free exercise claim in Long v. Sugai,1 the Ninth Circuit Court of Appeals held that the delivery of a fasting Muslim prison inmate’s evening meal four hours before he could break his fast during Ramadan substantially burdened his free exercise of his religion.  The Court remanded to permit…

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Client Alerts — Law Enforcement January 25, 2024

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”

In a case 1 in which petitioner made a request for information pursuant to the California Public Records Act (Government Code section 7920.000 et seq.; “CPRA”) related to a city’s use of drones, the Fourth District Court of Appeal concluded that a trial court erred in determining, as a matter of law, that all video…

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Client Alerts — Law Enforcement January 24, 2024

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

Background The California Police Chiefs Association (“CPCA”), California State Sheriffs’ Association (“CSSA”), Peace Officers Research Association of California (“PORAC”), California Association of Highway Patrolmen (“CAHP”), Brian Marvel, and Jake Johnson recently filed an action against the California Attorney General and the Department of Justice seeking declaratory relief and injunctive relief preventing the DOJ from enforcing…

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News January 17, 2024

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

Attorneys Melissa Ballard and Krista Jee were poised to defend the City of West Covina at trial in an injunctive relief case under the Telecommunications Act of 1996 when the plaintiff mobile phone carrier abruptly offered to dismiss the case with prejudice the afternoon before trial was set to commence in the United States District…

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