News & Information

Client Alerts — Law Enforcement May 18, 2017

Vol. 32 No. 11 OFFICER ENTITLED TO QUALIFIED IMMUNITY FOR FATAL SHOOTING OF SUSPECT ARMED WITH A KNIFE

On May 12, 2017, the Ninth Circuit Court of Appeals held, in the case of S.B. v. County of San Diego, 2017 U.S. App. LEXIS 8452, that a San Diego County Sheriff’s Deputy was protected by qualified immunity for his involvement in a fatal shooting of a suspect armed with a knife.  The Ninth Circuit…

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Client Alerts — Law Enforcement May 3, 2017

Vol. 32 No. 10 COURT OF APPEAL FINDS THAT DISMISSAL UNDER PENAL CODE SECTION 1203.4 DOES NOT INVALIDATE CONVICTION FOR PURPOSES OF REMOVING THE HECK v. HUMPHREY BAR

On April 19, 2017, the Second District Court of Appeal, in Baranchik v. Fizulich, 2017 Cal. App. LEXIS 356 (Cal. App. 2d. Dist. Apr. 19, 2017), held that the plaintiff’s civil claim for excessive force was barred under Heck v. Humphrey, 512 U.S. 477 (1994), because the criminal jury necessarily found the officer’s conduct to…

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Municipal Law Updates April 17, 2017

Claims Procedure for Contractors on Public Works Projects

April 17, 2017 I. Summary Public works contracts entered into between January 1, 2017 and January 1, 2020 must incorporate the newly enacted contractor claims procedures that are set forth in Public Contract Code Section 9204 (“Section 9204”).  Assembly Bill 626 (“AB 626”) enacted Section 9204 and requires a public entity to respond to a contractor’s…

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Client Alerts — Law Enforcement March 31, 2017

Vol. 32 No. 9 OFFICER WHO SOUGHT AND RECEIVED DISABILITY RETIREMENT IS “HONORABLY RETIRED” NOTWITHSTANDING PENDING DISCIPLINARY ACTION

In an opinion dated March 24, 2017, the Fourth District of the Court of Appeal, acting in Bonome v. City of Riverside (2017 Cal.App. LEXIS 264), held that an officer who was facing serious disciplinary action, but who sought and received an industrial disability retirement prior to any discipline being imposed, was “honorably retired” within…

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Client Alerts — Law Enforcement March 20, 2017

Vol. 32 No. 8 OFFICER MISLEADS JUDGE WHEN PROCURING SEARCH WARRANT FOR CHILD PORNOGRAPHY BY OMITTING RELEVANT INFORMATION FROM THE SEARCH WARRANT APPLICATION

On March 13, 2017, the Ninth Circuit Court of Appeal held, in the case of United States v. Perkins, 2017 U.S. App. LEXIS 4364, that a United States Homeland Security agent acted with reckless disregard for the truth when the agent omitted exculpatory information from an application for a search warrant in a child pornography…

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Client Alerts — Law Enforcement March 10, 2017

Vol. 32 No. 7 CALIFORNIA SUPREME COURT TO WEIGH IN ON PENSION FORMULA DISPUTE

In November 2016, the California Supreme Court granted review of Marin Association of Public Employees v. Marin County Employees’ Retirement Association, 2 Cal. App. 5th 674 (1st Dist. 2016) (“Marin Association”).  However, in granting review, the Supreme Court indicated that it would defer action in the matter pending the decision of the First District Court…

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Client Alerts — Law Enforcement March 9, 2017

Vol. 32 No. 5 SUPREME COURT CASE REGARDING DISCLOSURE OF RECORDS CONTAINED IN PRIVATE ACCOUNTS

On March 2, 2017, the California Supreme Court, in City of San Jose v. Superior Court of Santa Clara County (Smith),[1] held that “when a city employee uses a personal account to communicate about the conduct of public business, the writings may be subject to disclosure under the California Public Records Act (CPRA or Act).”…

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Client Alerts — Law Enforcement March 8, 2017

Vol. 32. No. 4 AGENCIES MAY HAVE A DUTY TO ACCOMMODATE INJURED POLICE RECRUITS UNDER FEHA

On February 14, 2017, the California Second District Court of Appeal held, in the case of Atkins et al. v. City of Los Angeles, 2017 Cal. App. LEXIS 115, that an agency may be liable for failing to reassign a police recruit who is disabled due to injuries sustained during the course of training to…

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