News & Information

Client Alerts — Law Enforcement June 3, 2019

Vol. 34 No. 20 OFFICERS ENTITLED TO QUALIFIED IMMUNITY WHERE NO CLEARLY ESTABLISHED LAW DEMONSTRATED THAT PROBATIONARY OFFICER’S RIGHTS WERE VIOLATED

On May 21, 2019, the Ninth Circuit Court of Appeals, in Perez v. City of Roseville, 2019 U.S. App. LEXIS 14927 (9th Cir. May 21, 2019) held that the defendants were entitled to qualified immunity on each of the probationary officer’s First Amendment claims because the law was not clearly established that the defendants violated…

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Client Alerts — Law Enforcement April 29, 2019

Vol. 34 No. 19 DISABILITY RETIREMENT APPLICATION DENIED TO EMPLOYEE WHO SETTLED A PENDING TERMINATION FOR CAUSE BY RESIGNATION

The California First District Court, in Martinez v. Pub. Employees’ Ret. Sys., 2019 Cal. App. LEXIS 311 (1st Dist. Apr. 4, 2019), affirmed a trial court’s denial of a petition for mandate relief challenging the denial of a former State agency employee’s application for disability retirement from state service.  The Court, agreeing with precedent, concluded…

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Client Alerts — Law Enforcement April 29, 2019

Vol. 34 No. 18 NINTH CIRCUIT AFFIRMS MUCH OF DISTRICT COURT DECISION NOT TO ENJOIN ENFORCEMENT OF CALIFORNIA IMMIGRATION STATUTES AB 450, AB 103, AND SB 54

The Ninth Circuit Court of Appeals in United States v. California, 2019 U.S. App. LEXIS 11275 (9th Cir. Apr. 18, 2019) rejected arguments by the United States on appeal in several aspects pertaining to its request for a preliminary injunction enjoining enforcement of three California immigration-related laws. Background “The Government of the United States has…

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Client Alerts — Law Enforcement April 25, 2019

Vol. 34 No. 17 “CHALKING” THE TIRES OF PARKED VEHICLES FOUND TO BE A VIOLATION OF THE FOURTH AMENDMENT

Taylor v. City of Saginaw, 2019 U.S. App. LEXIS 12412 (6th Cir. Apr. 25, 2019) On April 25, 2019, the Sixth Circuit Court of Appeals, in Taylor v. City of Saginaw, 2019 U.S. App. LEXIS 12412 (6th Cir. Apr. 25, 2019), held that “chalking,” the practice of parking enforcement officers marking parked vehicles with chalk…

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Client Alerts — Law Enforcement April 17, 2019

Vol. 34 No. 16 MARTIN V. CITY OF BOISE PETITION FOR REHEARING AND REHEARING EN BANC DENIED

The Ninth Circuit Court of Appeals published an order in Martin v. City of Boise which denied a petition for panel rehearing, denied a petition for rehearing en banc on behalf of the Court, and declared that no further petitions would be entertained. The Court also provided a slightly amended opinion to its earlier opinion…

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Client Alerts — Law Enforcement April 9, 2019

Vol. 34 No. 15 UNITED STATES SUPREME COURT REJECTS DEATH PENALTY CHALLENGE BY INDIVIDUAL WITH RARE DISEASE

In a 5-4 opinion, the United States Supreme Court majority in Bucklew v. Precythe, 2019 U.S. LEXIS 2477 (Apr. 1, 2019), held that an inmate with a rare condition causing tumors with blood vessels to grow in his neck, head, and throat failed to satisfy the test that two prior Supreme Court cases established to…

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Client Alerts — Law Enforcement April 9, 2019

Vol. 34 No. 14 DISTRICT COURT DECLARES CALIFORNIA LAW PROHIBITING THE POSSESSION AND USE OF GUN MAGAZINES WITH MORE THAN TEN ROUNDS UNCONSTITUTIONAL

The United States District Court for the Southern District of California recently held, in the case entitled Duncan v. Becerra[1], that California Penal Code section 32310 is unconstitutional. The statute prohibits possession of large-capacity magazines (“LCMs”), defined as those capable of holding more than ten rounds. Background In November 2016, California citizens approved Proposition 63….

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Client Alerts — Law Enforcement April 3, 2019

Vol. 34 No. 13 COURT OF APPEAL DETERMINES THAT SB 1421 APPLIES TO RECORDS CREATED PRIOR TO JANUARY 1, 2019

On March 29, 2019, the California First District Court of Appeal denied the consolidated petitions for writ of supersedeas filed by the Walnut Creek Police Officers’ Association and several other municipalities (“Appellants”). The Appellants sought to limit the scope of SB 1421 regarding certain categories of peace officer personnel files to only those responsive records…

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