Jones&Mayer - Case Updates

JONES & MAYER

3777 North Harbor Boulevard
Fullerton, CA 92835
Telephone: (714) 446 1400 Fax: (714) 446 1448 ** e-mail: MJM@JONES-MAYER.COM
Visit our Web Site: WWW.JONES-MAYER.COM

JONES & MAYER - RECENT CASE UPDATES

Vol. Sixteen No. Nine - November 2001

ABBATE et al. v. COUNTY OF SANTA CLARA et al. 91 Cal.App. 4th 1231 111 Cal.Rptr. 2d 412 (2001)
Agreement Between Sheriff and County
Does not Change Correctional Officers
To Deputy Sheriffs
SOUTHERN CALIFORNIA GAS CO. v. UTILITY WORKERS UNION OF AMERICA, LOCAL 132, AFLCIO 265 F. 3d 787 (2001)
Termination Based on Failed Mandated DOT Drug Test Cannot Stand Where Medical Review Officer Was An Imposter
RICHARDS v. CH2M HILL, INC. 26 Cal. 4th 798 29 P. 3d 175 111 Cal. Rptr. 2d 87 (2001)
Continuing Violation Doctrine Allows
Disability Discrimination Over One-Year
Statute of Limitations To Proceed
WILSON v. CO. OF SAN DIEGO 91 Cal.App. 4th 111 Cal. Rptr. 2d (2001)
No Mandatory Duty To Prevent Adolescent From Running Away From Protective Custody Children's Center
US v. CANNON, 264 F. 3d 875 (2001)
Search Warrant For Residence May Include
All Buildings Within Curtilage Even If
Not Specifically Referenced
HAYNIE v. SUPERIOR COURT OF L.A. CO. (LASD) 26 Cal. 4th 1061 31 P. 3d 760 112 Cal. Rptr. 3d 80 (2001)
Information Does Not Have To Be Part
Of Investigative File To Be Exempt From Disclosure
JACKSON v. CITY OF BREMERTON (Washington) et.al. 268 F. 3d 646 (2001)
Ninth Circuit Affirms No Excessive Force
By Police In Quelling Disturbance
U.S. v. MICHAUD 268 F. 3d 728 (2001)
Arrestee's Statements Made After Invoking Right To Counsel May Be Used When Police Do Not Initiate Questioning

Vol. Sixteen No. Eight - October 22, 2001

BACHELDER v. AMERICA WEST AIRLINES, INC. 259 F.3d 1112 (2001)
Family and Medical Leave Act Violated Where Employer Uses Protected Absences In Termination Decision
CRIPE. et al. v. CITY OF SAN JOSE 261 F. 3d 877 (2001)
ADA Violated Where Policy Restricts
Disabled Officers To Undesirable Positions
ESTATE OF AMOS v. CITY OF PAGE, ARIZONA et al. 257 F. 3d 1086 (2001)
Not Searching For Injured Man Who Wanders Off Does Not Violate His Rights
LUGTU, et al. v. CALIFORNIA HIGHWAY PATROL, et al. 26 Cal. 4^th 703 (2001)
Duty Of Reasonable Care Exists For
Safety of Persons Stopped For
Traffic Violations
PEOPLE v. ASHBURN 90 Cal.App. 4^th 1282 (2001)
DMV Error Did Not Negate Impound And Vehicle Inventory Search

Vol. Sixteen No. Seven - August 23, 2001

CITY OF SAN DIEGO v. WCAB (Stephen E. Molnar)
For Workers' Compensation Purpose Police Officer Not On Special Mission While Commuting To Testify In Court
SANCHEZ v. AZTECA RESTAURANT ENT. INC.,
Insults, Name-Calling, And Vulgarities Constitutes Sexual Harassment When Directed At Effeminate Male
ZIMMERMAN v. CITY OF OAKLAND, et al.,
Removing Vehicles From Property Without Making Factual Determinations Violates 14th Amendment
WATTS and PRYOR v. CO. OF SACRAMENTO
Arrest Warrant Will Not Immunize Officers Who Search A Third-Party Home On Anonymous Tip
U.S. v. MORALES and RUELAS
Anonymous Tip Must Exhibit Sufficient "Indicia of Reliability" to Establish Reasonable Suspicion

Vol. Sixteen No. Six - July 6, 2001

CLAYTON-BRAME v. SUPERIOR CT OF L.A. COUNTY (L.A. Co. Dept of Health Services)
Reasonable Expectation Of Promotion Prerequisite To Challenge Selection Of Lower Scoring Candidate
CASE v. KITSAP CO. SHERIFF=S DEPT, et al.
Officers Entitled To Qualified Immunity For Arrest Pursuant To Out-Of-State Warrant
NELSON v. SUPERIOR COURT OF LOS ANGELES COUNTY
Tort Claim Constitutes Actual Notice For Purpose of Preserving Radio Transmissions
GRITCHEN v. COLLIER 2001 DJDAR 5955
Officer's Threat To Sue For Defamation Under CC 47.5 Not "Under Color Of State Law"

Vol. Five No. Two - February 2001

City of Indianapolis, et al. v. Edmond, et al.
Crime Control Only Checkpoints Violate Fourth Amendment
People v. Drennan
Employer's Hidden Camera Without Sound Was Not Recording of "Confidential Communication" In Violation of PC § 632
Farnam v. State of California (CHP)
"Firefighter's Rule" Bars Claim By Officer Bitten During Arrest By Another Agency Canine
United States v. Orso 234 F.3d 436 (2000)
Deceptive Tactics Prior to Miranda Warning Requires Suppression of Statements
City of Martinez, et al. v. W.C.A.B. (Bonito)
Officer Cannot Be Retired Without Consent Solely Due to Condition Being Permanent And Stationary

Vol. Five No. One - January 19, 2001

ORIOLA v. THALER
Dating Relationship Defined For Purpose of Protection Under Domestic Violence Act
QUINN v. CITY OF LOS ANGELES (LAPD)
Disability Discrimination Claim Must Be Supported By Evidence That Individual Was Qualified For The Position
ALESI v. BOARD OF RETIREMENT OF THE SAN DIEGO CITY EMPLOYEES' RETIREMENT SYSTEM
Disability Benefits Denied Where Original Injury Was Merely Aggravated By Employment Related Injuries
CHP v. SUPERIOR COURT
"Wheeler" Does Not Relieve Burden Of Showing Good Cause For Discovery Of Documents From PO Files
DIFFEY v. RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
Color Vision Is A Valid Job Requirement For A Peace Officer
PEOPLE v. SANDERS, et al.,
Exceeding Scope Of Protective Sweep Requires Suppression Of Evidence

Top of Page