Jones&Mayer - Case Updates

JONES & MAYER

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Fullerton, CA 92835
Telephone: (714) 446 1400 Fax: (714) 446 1448 ** e-mail: MJM@JONES-MAYER.COM
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JONES & MAYER - RECENT CASE UPDATES

Vol. Four No. Nine - October 27, 2000

People v. Hector
Minor Did Not Invoke Miranda Rights When He Requested To Talk With Mother
Munger v. City of Glasgow Police Department, et al.
Affirmative Conduct Which Places Plaintiff In A Position Of Danger Will Destroy An Officer's Qualified Immunity Defense
United States v. Reid & Blake
Permission to Search Is Invalid When Obtained From Person Officers Knew Did Not Reside On Premises
Mena v. City of Simi Valley et al.
Knowingly Searching Areas Erroneously Included In Search Warrant Nullifies Officer's Qualified Immunity
McDade v. West et al.
Where Public Employee Accesses Confidential Information Through Employers Equipment He/She Acts Under Color Of Law

Vol. Four No. Eight - September 8, 2000

Braunling v. Countrywide Home Loans, Inc.
ADA Claim Cannot Proceed If Disabled Worker Is Not Qualified
United States of America v. Knights and Simoneau
Probation Search Must Be Conducted For Probation Purposes Only
Filarsky v. City of Manhattan Beach
Police Personnel Files Are Absolutely Privileged From Disclosure Under The CPRA
Young Ho Choi v. Gaston, et al.
Whether Officers Had Reasonable Suspicion To Stop or Probable Cause To Arrest Was Sufficient Question For Jury
Cochran & Anderson v. City of Los Angeles
Speech That Promotes Tension, Impairs Discipline And Is Not Directed To Public Not Protected
Haddad v. Wall
Peace Officer Defamation Statute Held Violation Of Complainant's Free Speech Right

Vol. Four No. Seven - August 22, 2000

Ray v. Henderson
Adverse Employment Action Deters An Employee From Engaging In A Protected Activity
Kortan v. California Youth Authority
Negative Performance Evaluation Standing Alone Will Not Support Retaliation Claim
Fielder v. United Airlines
Conduct By Non-Supervisory or Non-Management Personnel May Constitute Actionable Retaliation by Employer
Robinson v. Solano County, et al.
Reasonableness Of Pointing Firearm At Suspect's Head Is Issue Of Material Fact
California Correctional Peace Officers Association v. State of California (CDC)
Where Employing Agency Acts in Concert with Outside Investigative Agency POBRA Must Be Applied
Rosales v. City of Los Angeles, et al.
Violation of Statutory Procedures Governing Disclosure of Police Personnel Records Does Not Give Rise to Private Cause Of Action By Officer
Feist v. Simonson
Where Conduct During Pursuit Is Egregious And Outrageous Officer Loses Qualified Immunity Defense

Vol. Four No. Six - July 14, 2000

Echazabal v. Chevron USA, Inc.
Disabled Individuals Threat To His/Her Own Heath Cannot Be Considered By Employer For Hiring Purpose
Boon v. Rivera
Officer Injured At Scene Of An Emergency May Have Cause Of Action If Persons Prresent Misrepresent Material Facts Concerning Nature Of The Emergency
Walters, et al. v. Superior Court (Ubina, et al.)
Contents Of A Police Evidence Locker Are The Responsilibity Of The District Attorney
Spitzer v. The Good Guys, Inc. et al.
"Reasonable Accomodation" Requires Employer To Offer Disabled Employee An Available Less Demanding Position
Brooks v. City of San Mateo (Police Department)
Hostile Work Environment Claim Is Not Supported Where There Is A Single Incident Of Sexual Harassment And Harasser Has Been Removed From Work Site.

Vol. Four No. Five - June 9, 2000

Attorney General Opinions
Destruction of Internal Affairs Files
-- No. 99-1111
Private Entity May Deny Entry To Armed Off-Duty Officer
-- No. 99-1208
Haynie v. Superior Court of Los Angeles (Co. of Los Angeles)
Law Enforcement Must Release Documents and Tape Recordings Made In Traffic Stop
Headwaters Forest Defense, et al.l v. County of Humboldt, et al.
Use of Pepper Spray As An "Offensive Weapon" On Non-Violent Protesters Can Constitute Unreasonable Use of Force

Vol. Four No. Four - April 15, 2000

Harris v. Harris & Hart, Inc.
Employer May Require Medical Release Prior To Allowing Employee To Return To Work
Cruz, et al. v. Briseno, et al.
Vehicle Code Immunizes Officer Even When Pursuit Is Without Lights & Siren
DiRuzza v. County of Tehama, Sheriff Robert Heard and Undersheriff Jerry Floyd
Deputy Not Policymaker For Purpose Of Political Loyalty As a Requirement For Employment
Lugtu, et al. v. California Highway Patrol, et al.
Officer Has Duty Of Care To Vehicles Passengers During Traffic Stop

Vol. Four No. Three - March 31, 2000

Peterson v. County of Santa Clara, et. al.
Supervisors May Be Personally Liable For Retaliation
Gritchen, et al. V. Collier, et al.
Court Finds Civil Code Section 47.5 Unconstitutional
LaLonde v. County of Riverside
No Qualified Immunity Where Officers Enter Residence To Make Arrest Without Consent, Warrant, Or Exigent Circumstances

Vol. Four No. Two - February 15, 2000

Carrisales v. Dept. of Corrections:
Non-supervisory Personnel Cannot Be Sued By Co-Workers for Sexual Harassment Under California's Fair Employment Housing Act
Giuffre v. Sparks, Kern Co. Sheriff
Punitive Action Against Peace Officer Requires An Administrative Appeal That Comports To Due Process Regardless of Language In The MOU
City of Palo Alto v. Service Employees International Union Local 715
Arbitrator's Reinstatement of Employee Who Threatened Another Employee Violated Court Stay Away Order And Public Policy
Price v. Kramer
Jury Finds Officer's Misconduct Was Based On Radial Bias
Duncan v. Dept. of Personnel Administration
Due Process Does Not Require Pre-deprivation Hearing Before Demotion In Lieu Of Layoff

Vol. Four No. One - January 28, 2000

Katz v. United States of America
Qualified Immunity Not Available Defense To Excessive Force Charge Brought By Disable, Elderly Arrestee
Alejo v. City of Alhambra
Where Child Suffers Further Abuse After Officers Fail To Investigate And Report Alleged Child Abuse, City May Be Held Liable
San Diego P.O. A. , et al. v. City of San Diego
PC 148.6 Warning Applicable Only To Complaints Of Misconduct While On Duty

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