News & Information

Client Alerts — Law Enforcement March 25, 2022

Vol. 37 No. 5 A JURY COULD INFER THAT A POLICE OFFICER WAS ACTING WITHIN THE SCOPE OF HIS EMPLOYMENT WHEN HE NEGLIGENTLY LEFT HIS FIREARM IN HIS VEHICLE AFTER RETURNING HOME FROM WORK

In Perez v. City & Cnty. of S.F., 2022 Cal. App. LEXIS 171 (1st Dist. Mar. 1, 2022), the Court of Appeal concluded that a jury could reasonably find a nexus between a police department’s enterprise of policing and the risk that one of its officers would negligently fail to secure a Department-approved firearm upon…

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News March 23, 2022

The Passing of Harold W. Potter on March 21, 2022

Jones Mayer mourns the passing of Senior Litigator Harold W. Potter, Jr., who passed away on March 21, 2022. “Harold was an inspiration to the firm, both as an attorney and as a person. He could work magic with juries and mentored other lawyers with a humor, intelligence and grace that is a rare combination,”…

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Client Alerts — Law Enforcement March 16, 2022

Vol. 37 No. 4 PLAINTIFF POLICE CHIEF’S EMPLOYMENT CONTRACT CREATED A HYBRID EMPLOYMENT RELATIONSHIP BETWEEN CITY AND PLAINTIFF WHERE EMPLOYMENT AS CHIEF WAS AT WILL BUT EMPLOYMENT AS LIEUTENANT WAS NOT AT WILL

In Joseph v. City of Atwater, 74 Cal. App. 5th 974 (5th Dist. 2022), the Court of Appeal held that an employment agreement created a hybrid employment relationship between a city and a plaintiff employed as a chief of police.  In reaching its conclusion, the Court found that under the terms of the agreement, plaintiff’s…

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Client Alerts — Law Enforcement March 16, 2022

Vol. 37 No. 3 DISTRICT COURT CORRECTLY APPLIED THE PURPOSE-TO-HARM TEST BECAUSE POLICE OFFICERS DID NOT HAVE TIME TO DELIBERATE BEFORE SHOOTING DECEDENT

In Ochoa v. City of Mesa,[1] the Ninth Circuit Court of Appeals concluded that because officers who shot and killed a decedent did not have time to deliberate before firing, the District Court correctly applied the purpose-to-harm test to determine if the officers’ conduct shocked the conscience under the Fourteenth Amendment.  The Court of Appeals…

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Client Alerts — Law Enforcement March 10, 2022

Vol. 37 No. 2 OSHA EMERGENCY RULE REQUIRING EMPLOYEES OF LARGE EMPLOYERS TO BE EITHER FULLY VACCINATED AGAINST THE COVID-19 VIRUS, OR ELSE TO BE MASKED AND WEEKLY TESTED, EXCEEDS OSHA’S STATUTORY AUTHORITY

In a 6-3 decision, the United States Supreme Court in Nat’l Fed’n of Indep. Bus. v. DOL[1] granted a stay of the Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing; Emergency Temporary Standard.[2]  The standard would have required employees of large employers to be fully vaccinated, or else obtain weekly medical tests and wear…

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Client Alerts — Law Enforcement January 21, 2022

Vol. 37 No. 1 A POLICE OFFICER WAS ENTITLED TO QUALIFIED IMMUNITY BECAUSE PLAINTIFF JOURNALIST DID NOT IDENTIFY A CLEARLY ESTABLISHED RIGHT THAT THE OFFICER VIOLATED

In Saved Magazine v. Spokane Police Department,[1] the Ninth Circuit Court of Appeals determined that an officer was entitled to qualified immunity because the Court was unaware of any precedent that would alert an officer that his enforcement of separate protest zones would violate clearly established First Amendment law.  In reaching its conclusion, the Court…

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Client Alerts — Law Enforcement December 17, 2021

Vol. 36 No. 26 CALIFORNIA STATUTE PROHIBITING POSSESSION OF LARGE-CAPACITY MAGAZINES IS A REASONABLE FIT FOR THE IMPORTANT GOVERNMENT INTEREST OF REDUCING GUN VIOLENCE

In Duncan v. Bonta,[1] the en banc Ninth Circuit Court of Appeals held that a California statute which banned possession of magazines holding more than ten rounds of ammunition was a reasonable fit for the compelling goal of reducing gun violence.  The Court therefore reversed the District Court’s grant of summary judgment to Plaintiffs on…

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Client Alerts — Law Enforcement December 17, 2021

Vol. 36 No. 25 A PLAINTIFF FAILED TO PLAUSIBLY ALLEGE THAT AN OFFICER VIOLATED A DETAINEE’S CONSTITUTIONAL RIGHT TO ADEQUATE MEDICAL TREATMENT

In J. K. J. v. City of San Diego,[1] the Ninth Circuit Court of Appeals affirmed a dismissal of an action alleging constitutional violations by police officers in their treatment of a woman who was arrested at a traffic stop, fell ill while in police custody, and died nine days later. Background In November 2018,…

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