Jones&Mayer - Case Updates

JONES & MAYER - RECENT CASE UPDATES

Vol. Seventeen No. Nine - December 2002

ATTORNEY GENERAL OPINION No. 01-605
County May Exceed Statutory Fee
For Copy Of Public Record
SALAZAR v. DIVERSIFIED PARATRANSIT, INC. (2002)103 Cal. App. 4th 131
No Liability For Employer Where Non-Employee Sexually Harasses Employee
HAAS v. ROY MEISNER, et al.(2002)103 Cal. App. 4th 580
Department Had Mandatory Duty To Reinstate Officer Once Retirement Board Denies Disability Retirement

Rene v. MGM Grand Hotel Inc.
2002 DJDAR 11059; United States Court of Appeals For The
Ninth Circuit, 305 F.3d 1061
Same Sex Sexual Harassment AllegationUnder Title VII Stated By Gay Employee
Caloca et al. v. County of San Diego et al. 2002 DJDAR 11209; Court of Appeal of California, Fourth Appellate District, Division One, 102 Cal. App. 4th 433; 126 Cal. Rptr. 2d 3
Officers Do Not Bear Burden Of Establishing Misconduct Findings Are Erroneous
Hanna v. Los Angeles County Sheriff's Dept. 2002 DJDAR 11689; Court of Appeal of California, Second Appellate District, Division Seven, 102 Cal. App. 4th 887; 125 Cal. Rptr. 2d 686
Department Had Mandatory Duty To Reinstate Officer Once Retirement Board Denies Disability Retirement
Doe 1, et al. v. City of Murrieta et al. 2002 DJDAR 11757; Court of Appeal of California, Fourth Appellate District, Division Two, 102 Cal. App. 4th 899; 126 Cal. Rptr. 2d 213
Department Has Duty To Protect Female Explorer Scouts From Being Sexually Exploited
People v. Pressey 2002 DJDAR 12025; Court of Appeal of California, First Appellate District, Division Four, 126 Cal. Rptr. 2d 162
Probable Cause That Person Operating Motor Vehicle Is Using Drugs Is Not Probable Cause To Search Person's Home
People v. Hamilton 2002 DJDAR 12151; Court of Appeal of California, First Appellate District, Division Four; 126 Cal. Rptr. 2d 273
"Good Faith" Applies Where DMV Information, Later Found Erroneous, Has Been Relied On By Officer

SACRAMENTO POA, et al. v. ARTURO VENEGAS, JR., et al. 101 Cal. App. 4th 916
Officer Has Absolute Right To Review And Respond To Information In Internal Affairs Index
LAPPL v. CITY OF LOS ANGELES 102 Cal. App. 4th 85
Procedure To Challenge Reduction In Pay For Peace Officers Unconstitutional

LAWSON v. WASHINGTON STATE PATROL, et al. 2002 DJDAR 7791, 296 F.3d 799
Resignation Based on Religious Belief Does Not Equate To Constructive Discharge
BARNES, et al. v. GORMAN 2002 DJDAR 6713, 122 S. Ct. 2097; 153 L. Ed. 2d 230
No Putative Damages For Private Actions Brought Under ADA
FILARSKY v. SUPERIOR COURT OF LOS ANGELES COUNTY (City of Manhattan Beach) 2002 DJDAR 7823, 28 Cal. 4th 419; 49 P.3d 194; 121 Cal. Rptr. 2d 844
Declaratory Relief Cannot Be Sought By City Regarding Obligation To Disclose Documents
UNITED STATES v. DRAYTON, et al. 2002 DJDAR 6707, 122 S. Ct. 2105; 153 L. Ed. 2d 242
No Requirement By Police To Advise Bus Passengers Of Their Right Not To Cooperate And To Refuse Consent To Search
FLETCHER v. SUPERIOR COURT OF ALAMEDA COUNTY (Oakland Police Department) 2002 DJDAR 8173, 100 Cal. App. 4th 386; 123 Cal. Rptr. 2d 99
Pitchess Motion Is Proper Discovery Vehicle To Obtain Police Officer's Prior Law Enforcement Employment History

SAN DIEGO POA v. CITY OF SAN DIEGO (Bejarano) 2002 DJDAR 5775, 98 Cal. App. 4th 779; 120 Cal. Rptr. 2d 609
CG 3303 (g) Entitles Officer To Investigator's Notes And Witness Taped Interviews
ORTIZ v. LOS ANGELS POLICE RELIEF ASSOCIATION 2002 DJDAR 6111, 98 Cal. App. 4th 1288; 120 Cal. Rptr. 2d 670
Relationship With Incarcerated Felon Creates Conflict of Interest
NATIONAL RAILROAD PASSENGER CORP. v. MORGAN 2002 DJDAR 6371, 122 S. Ct. 612; 151 L. Ed. 2d 536
Hostile Work Environment Actionable If One Act Falls Within Statutory Filing Period

COUNTY OF RIVERSIDE v. SUPERIOR COURT (Madrigal) (2002)105 Cal. Rptr. 2d 387
Under Limited Circumstances Officer
May Waive Bill Of Rights Act Protections
STRAHAN v. KIRKLAND (2002) 287 F.3d 821
Regulation Prohibiting Association With
Known Felon Upheld
PEOPLE v. McNEIL( 2002) 96 Cal. App. 4th 1302
Arrest And Search Invalid Where
Ordinance Pre-Empted By Existing State Statute
PEOPLE v. CLAEYS (2002) 97 Cal. App. 4th 55
Telephone Conversation May Not BeRecorded Where An Objectively Reasonable Expectation Exists that Conversation Is Not Being Overheard Or Recorded
County of Riverside v. Superior Court (Riverside Sheriff's Assoc.) (2002) 97 Cal. App. 4th 1103
Binding Arbitration Regarding
Salary Matters For Public Safety
Employees Unconstitutional
US Airways, Inc. v. Barnett (2002) 122 S. Ct. 1516
Disabled Employee Bears Burden
Of Special Circumstances To Overcome
Accommodation Conflict With Seniority System
People v. Loyd (2002) 27 Cal. 4th 997
Secret Monitoring And Recording Inmate's
Unprivileged Jail Conversations With Visitors
Does Not Constitute Misconduct

WINTER v. CITY OF LOS ANGELES, 117 Cal. Rptr. 2d 679 (2002)
Officer Gains Tenure When Notice of Termination Is Not Served In Manner Prescribed By Employer Rules
FAIRLEY v. LUMAN (Chief); CITY OF LONG BEACH, et al., 281 F.3d 913 (2002)
Department's Custom, Practice & Policy Creates Civil Rights Liability
TBG INSURANCE SVC'S CORP. v. SUP'R CT OF LOS ANGELES COUNTY (Zieminski). 117 Cal. Rptr. 2d 155 (2002)
No Reasonable Expectation of Privacy In Computer Provided By Employer
FLANAGAN v. FLANAGAN 41 P.3d 575 Cal. Rptr. 2d 574 (2001)
Telephone Conversation May Not BeRecorded Where An Objectively Reasonable Expectation Exists that Conversation Is Not Being Overheard Or Recorded
PEOPLE v. SMITH ,95 Cal. App. 4th 912, 116 Cal. Rptr. 2d 694 (2002)
Officers May Search Purse Of Female Residing In Same Room As Probationer

DEPARTMENT OF HEALTH SERVICES v. SUPERIOR COURT OF SACRAMENTO COUNTY (2001) 94 Cal. App. 4th 14
Sexual Harassment Defenses Outlined By U.S. Supreme Court Do Not Apply In Action Under FEHA
LOS ANGELES POLICE PROTECTIVE LEAGUE v. CITY OF LOS ANGELES, et al. (2001) 94 Cal. App. 4th 77
Transfer And Pay Downgrade Is Subject For Administrative Appeal Not Arbitration
WALKER v. KIOUSIS (2001) 93 Cal. App. 4th 1432
Permitting Peace Officers To BringDefamation Suits Against Complainants Is Unconstitutional
UNITED STATES v. KNIGHTS (2001) 122 S. Ct. 587
Warrantless Search Supported By Reasonable Suspicion And Authorized By A Probation Condition Satisfies The Fourth Amendment