News & Information

Client Alerts — Law Enforcement October 27, 2017

Vol. 32 No. 31 LAS VEGAS POLICE OFFICERS NOT ENTITLED TO QUALIFIED IMMUNITY FOR ARRESTEE’S DEATH FOLLOWING PROLONGED TASING

On October 20, 2017, the Ninth Circuit Court of Appeals decided, in the case of Jones v. Las Vegas Metro. Police Dep’t, 2017 U.S. App, LEXIS 20669, that police officers who repeatedly tased a suspect for 90 seconds were not entitled to qualified immunity and that the case could proceed to trial. The Ninth Circuit…

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Client Alerts — Law Enforcement October 26, 2017

Vol. 32 No. 30 GOVERNOR BROWN SIGNS INTO LAW SENATE BILL 54, WHICH LIMITS WAYS IN WHICH LAW ENFORCEMENT CAN COOPERATE WITH FEDERAL IMMIGRATION ENFORCEMENT

On October 5, 2017, Governor Jerry Brown signed into law Senate Bill (SB) 54, which, among other things, and subject to exceptions, prohibits state and local law enforcement agencies from using money or personnel for specified immigration enforcement purposes.  The bill makes amendments to the Trust Act and enacts the California Values Act.  The legislation…

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Client Alerts — Law Enforcement October 2, 2017

Vol 32. No. 29 JURY IMPROPERLY CONSIDERED THE RACE OF A POLICE SHOOTING VICTIM IN DECIDING THE DEPARTMENT DISCRIMINATED AGAINST THE INVOLVED OFFICERS

On September 14, 2017, the California Court of Appeal held, in a case entitled Diego v. City of Los Angeles,[1] that the City of Los Angeles did not discriminate against two Hispanic police officers by keeping them off field duty following their fatal shooting of an unarmed black man.  The Court held that the officers…

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Client Alerts — Law Enforcement October 2, 2017

Vol. 32 No. 28 NINTH CIRCUIT REVERSES DENIAL OF QUALIFIED IMMUNITY TO OFFICERS INVOLVED IN FATAL SHOOTING

On September 15, 2017, a panel of the Ninth Circuit Court of Appeals, in Woodward v. City of Tucson,[1] reversed the district court’s denial of qualified immunity to officers involved in a fatal shooting.  The Court concluded that the decedent did not have a reasonable expectation of privacy while trespassing in an apartment.  The Court…

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Municipal Law Updates September 30, 2017

Cities can be liable under Inverse Condemnation for damage caused by fallen trees that were planted by the City

I. Summary On August 24, 2017, the California Court of Appeal held that the City of Pasadena was not liable for damages caused by a City tree falling onto a house in a suit for inverse condemnation because there was no record that the City planted the tree as part of a public improvement project.[1]…

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Client Alerts — Law Enforcement September 21, 2017

Vol. 32 No. 27 FAILURE TO PROVIDE AMERICAN SIGN LANGUAGE INTERPRETER TO COUNTY JAIL INMATE MAY VIOLATE AMERICANS WITH DISABILITIES ACT

On August 31, 2017, the Ninth Circuit Court of Appeals ruled that a suit could proceed that alleged an Oregon county jail discriminated against a deaf inmate by failing to provide an American Sign Language (“ASL”) interpreter during his pretrial detention.[1]  The Court held that a reasonable jury could find that by not providing a…

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Client Alerts — Law Enforcement September 14, 2017

Vol. 32 No. 26 COURT OF APPEAL HOLDS THAT VEHICLE CODE SECTION 17004.7(b)(2) DOES NOT REQUIRE A PUBLIC AGENCY TO PROVE THAT EACH OF ITS OFFICERS HAS RECEIVED AND READ THE AGENCY’S PURSUIT POLICY

On August 23, 2017, the Second District Court of Appeal, in Ramirez v. City of Gardena,[1] held that “promulgation” in California Vehicle Code section 17004.7(b)(2)[2] means that, to obtain immunity in a legal action resulting from a vehicle pursuit, a public agency must require its peace officers to certify in writing that they have received,…

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Client Alerts — Law Enforcement September 8, 2017

Vol. 32 No. 25 CALIFORNIA SUPREME COURT RULES ON PUBLIC ACCESS TO AUTOMATED LICENSE PLATE SCANNER DATA

On August 31, 2017, the California Supreme Court, in ACLU of Southern Calif. v. Super Court of Los Angeles (County of LA, et. al. Real Parties), __ Cal. 5th ___ (2017), affirmed the Superior Court’s decision to exempt raw Automated License Plate Reader (“ALPR”) data from disclosure under the California Public Records Act (“CPRA”).  The…

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