Client Alerts — Law Enforcement
April 23, 2024
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
In March 2024, the Ninth Circuit Court in Est. of Hernandez v. City of Los Angeles1 held that although a reasonable jury could have concluded an officer used excessive force, qualified immunity shielded her because no precedent squarely governed the facts presented here. Background In April 2020, Los Angeles Police Department (“LAPD”) Officers Toni McBride…
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…
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…
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…
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…
January 5, 2024
Vol. 39 No. 1 RETIRED PEACE OFFICERS AND THE IMPACT OF SENATE BILL 2 (2023-2024)
The passage of SB-2 (2023-2024) has raised a number of questions about the security of retired peace officers and the continued ability to carry a concealed firearm. The purpose of this Client Alert is to explain the limits of SB-2 and affirm the authority of retired peace officers to carry a concealed firearm. Among the…
January 2, 2024
Vol. 38 No. 15 DISTRICT COURT ENTERS INJUNCTION CONCERNING CERTAIN PROVISIONS OF SB 2 CONCERNING “SENSITIVE PLACES”
On December 20, 2023, United States District Judge Cormac J. Carney of the Central District Court’s Southern Division issued an order granting a preliminary injunction enjoining enforcement of certain challenged provisions of Senate Bill 2 against any individuals with permits to carry a concealed weapon. The Court found the challenged provisions unconstitutional pursuant to N.Y….
November 27, 2023
Vol. 38 No. 14 NEW LAW AFFECTING CALIFORNIA EMPLOYEES WHO USE MARIJUANA OFF-DUTY RAISES QUESTIONS FOR LAW ENFORCEMENT
Existing law, the California Fair Employment and Housing Act (“FEHA”), protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religion, gender, physical or mental disability amongst other protected statuses. On September 18, 2022, Governor Gavin Newsom signed Assembly Bill…
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