News & Information

Client Alerts — Law Enforcement September 22, 2022

Vol. 37 No. 14 POLICE OFFICER’S PERSONAL FACEBOOK POSTS DENIGRATING RELIGION AND ADHERENTS WARRANTED FIRST AMENDMENT PROTECTION BECAUSE THEY QUALIFIED AS SPEECH ON MATTERS OF PUBLIC CONCERN

The Ninth Circuit Court of Appeals, in Hernandez v. City of Phoenix,[1] found that although it seemed like a police officer’s social media posts expressing hostility toward and denigrating a major religious faith and its adherents could impede the performance of his job duties and interfere with the police department’s ability to effectively carry out…

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Client Alerts — Law Enforcement September 6, 2022

Vol. 37 No. 13 A STATE OFFICIAL VIOLATES FIRST AMENDMENT BY CREATING A PUBLICLY ACCESSIBLE SOCIAL MEDIA PAGE RELATED TO HIS OR HER OFFICIAL DUTIES AND THEN BLOCKING CERTAIN MEMBERS OF THE PUBLIC FROM THAT PAGE BECAUSE OF THE NATURE OF THEIR COMMENTS

In Garnier v. O’Connor-Ratcliff,[1] the Ninth Circuit Court of Appeals determined that members of a school district’s board of trustees acted under color state law by using their social media pages as public forums in carrying out their official duties.  Then, applying First Amendment public forum criteria, the Court concluded that restrictions on certain individuals…

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Client Alerts — Law Enforcement September 2, 2022

Vol. 37 No. 12 PERSONNEL RECORDS RELATING TO INVESTIGATION AGAINST A PEACE OFFICER WERE NOT SUBJECT TO DISCLOSURE UNDER PENAL CODE SECTION 832.7 BECAUSE THE OFFICER WAS NOT PROVIDED WITH AN OPPORTUNITY TO APPEAL THE FINDINGS

In Wyatt v. Kern High Sch. Dist., 80 Cal. App. 5th 1116 (5th Dist. 2022), a California Court of Appeal concluded that a peace officer’s personnel records were not subject to disclosure under the 2018 amendments to Penal Code sections 832.7 & 832.8.  In reaching its conclusion, the Court explained that the officer was never…

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News August 12, 2022

The Passing of Peter L. Wallin

Jones Mayer mourns the passing of Peter L. Wallin who passed away on July 25, 2022. Peter was extraordinary, not just as an attorney, but as a human being. No matter the circumstances, he approached each day and each problem with the most positive of attitudes and lived life to its fullest. Peter graduated from…

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Client Alerts — Law Enforcement June 30, 2022

Vol 37. No. 10 A VIOLATION OF MIRANDA RULES DOES NOT PROVIDE A BASIS FOR A 42 U.S.C. SECTION 1983 CLAIM

In a 6-3 decision in Vega v. Tekoh,[1] the United States Supreme Court reversed and remanded a Circuit Court decision holding that the use of an un-Mirandized statement against a defendant in a criminal proceeding violates the Fifth Amendment and may support a Section 1983 claim against the officer who obtained the statement.  The Supreme…

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Client Alerts — Law Enforcement June 30, 2022

Vol 37. No. 9 SUPREME COURT EXPANDS SECOND AMENDMENT RIGHTS, STRIKING DOWN NEW YORK’S “PROPER CAUSE” REQUIREMENT FOR ISSUANCE OF A CCW

In a 6-3 decision, the United States Supreme Court in, New York State Rifle & Pistol Association, Inc., et al., v. Bruen,[1] determined that the State of New York’s requirement that applicants for concealed carry weapons permits must establish “proper cause” for issuance of the permit was unconstitutional under the Second and Fourteenth Amendments because…

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Client Alerts — Law Enforcement June 30, 2022

Vol. 37 No. 8 CALIFORNIA LAW BANNING SALES OF SEMIAUTOMATIC RIFLES TO YOUNG ADULTS VIOLATED THE SECOND AMENDMENT

In Jones v. Bonta, 2022 U.S. App. LEXIS 12657 (9th Cir. May 11, 2022), the Ninth Circuit Court of Appeals determined the California law prohibiting the sale of semiautomatic rifles to young adults was unconstitutional.  In reaching its conclusion, the Court found that the laws burdened the right to home self-defense and did not reasonably…

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News June 7, 2022

Jeremy Warren joins team as an Associate Attorney

Jones Mayer is excited to announce that Jeremy Warren has joined our team as an Associate Attorney, focusing on civil rights litigation, police representation, torts, and personal injury claims.  Mr. Warren is a former Deputy District Attorney and has experience prosecuting severe and violent felonies, gang cases, and juvenile court cases. He received his law…

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