News & Information

Client Alerts — Law Enforcement


October 4, 2018

Vol. 33 No. 34 POLICE OFFICER BODY CAMERA VIDEO AND AUDIO RECORDINGS OF “CRITICAL INCIDENTS” ARE DISCLOSABLE UNDER THE PUBLIC RECORDS ACT

On September 30, 2018 Governor Brown signed into law Assembly Bill 748 (“AB 748”) which added language to the Public Records Act that relates to police investigation records. Beginning July 1, 2019, video or audio recordings of “critical incidents” may only be withheld from the public for a period of longer than 45 days if…

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October 2, 2018

Vol. 33 No. 33 RECORDS OF OFFICER INVOLVED SHOOTINGS, USES OF FORCE RESULTING IN GREAT BODILY INJURY OR DEATH, AND SUSTAINED INCIDENTS OF SEXUAL ASSAULT AND DISHONESTY ARE SUBJECT TO DISCLOSURE UNDER THE PUBLIC RECORDS ACT

Governor Brown recently signed into law Senate Bill 1421 (“SB 1421”) which changed the confidential status of certain records contained in peace officer personnel files. SB 1421 effects a significant change with respect to the disclosure of certain categories of peace officer personnel files by way of the California Public Records Act.  Beginning January 1,…

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September 27, 2018

Vol. 33 No. 32 DISTRICT COURT ORDER IN IMMIGRATION CASE GRANTS CITY’S APPLICATION FOR PRELIMINARY INJUNCTION WHERE ATTORNEY GENERAL SEEKS TO IMPOSE IMMIGRATION CONDITIONS ON FEDERAL GRANTS FOR CITY

On September 13, 2018 in the case of City of Los Angeles v. Jefferson B. Sessions, 293 F. Supp. 3d 1087 (C.D. Cal. 2018), the United States District Court for the Central District of California granted the application by the City of Los Angeles (“City”) for a preliminary injunction to enjoin the imposition of new…

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September 27, 2018

Vol. 33 No. 31 CALIFORNIA SUPREME COURT DENIES REVIEW OF COURT OF APPEAL DECISION ON POBRA STATUTE OF LIMITATIONS

As reported to you in an earlier Client Alert (Vol. 33 No. 23; July 27, 2018) the First District Court Appeal had held in Daugherty v. City and County of San Francisco, 24 Cal. App. 5th 928 (1st Dist. 2018) that disciplinary charges were timely where a senior officer aware of officer misconduct was not…

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September 27, 2018

Vol. 33 No. 30 A REVIEW OF THE LAW ENFORCEMENT OFFICERS SAFETY ACT AND RECENT CASE DEVELOPMENTS

The Law Enforcement Officers Safety Act (“LEOSA”) is a federal law that was enacted in 2004 which is set forth in 18 U.S.C. Sections 926B and 926C. Generally, LEOSA provides that active and retired law enforcement officers who meet certain criteria may carry a concealed firearm, with certain restrictions. Since its enactment, LEOSA has subsequently…

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September 13, 2018

Vol. 33 No. 29 THE EIGHTH AMENDMENT’S PROHIBITION ON CRUEL AND UNUSUAL PUNISHMENT BARS CITY FROM PROSECUTING INDIVIDUALS CRIMINALLY FOR SLEEPING OUTSIDE ON PUBLIC PROPERTY WHEN NO SHELTER AVAILABLE

In Martin v. City of Boise, 2018 U.S. App. LEXIS 25032 (9th Cir. Sept. 4, 2018), the Ninth Circuit Court of Appeals held that a local ordinance violated the Eighth Amendment to the extent that it imposed criminal sanctions against homeless persons for sleeping outdoors, on public property, when they had no alternative shelter access…

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August 22, 2018

Vol. 33 No. 28 MEET AND CONFER DUTY ATTACHES WHERE LOCAL OFFICIAL WITH RESPONSIBILITY OVER LABOR RELATIONS USES POWER OF OFFICE TO LEAD PROMOTION OF BALLOT INITIATIVE AFFECTING PUBLIC EMPLOYMENT TERMS AND CONDITIONS

In Boling v. Public Employment Relations Board, 2018 Cal. LEXIS 5674 (Cal. Aug. 2, 2018), the Supreme Court of California found that a mayor who was the city’s designated bargaining agent and had used the powers and resources of his office to change the terms and conditions of employment by means of a ballot initiative…

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August 17, 2018

Vol. 33 No. 27 PLAINTIFF ENTITLED TO NEW TRIAL WHERE SUBSTANTIAL EVIDENCE SHOWS JAIL OFFICIALS NOT ENTITLED TO DEFERENCE BY JURY ON CONDITIONS OF CONFINEMENT AND EXCESSIVE SEARCH CLAIMS

In a case entitled Shorter v. Baca, (9th Cir. 2018) 2018 U.S. App. LEXIS 19491, the Ninth Circuit recently determined that jail officials were not entitled to deference by a jury on their decisions concerning conditions of confinement and excessive search claims.  The Court remanded the matter for a new trial. Background Lecia Shorter was…

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