By Martin Kosla As a law firm that defends prison and jail medical staff, the first set of documents that we usually review and analyze (after reviewing the inmate’s complaint) are the medical records maintained by the institution. As such, there is a good chance that this is also the first set of documents that…
Policing for the Opioid Crisis: Cities and Counties Sue Pharma for Public Safety Costs
According to the Centers for Disease Control and Prevention, an average of 130 Americans die every day from an opioid overdose. Now, approximately 2,000 lawsuits from state and local governments have been filed against pharmaceutical companies such as Purdue Pharma (who introduced OxyContin in the 1990s), Teva Pharmaceuticals, Johnson & Johnson, Endo Health Solutions, Insys…
Are Deputy Sheriffs Who Provide Courthouse Security Entitled to Eleventh Amendment Immunity in California?
By: Temitayo O. Peters & Gregory B. Thomas The Supreme Court Precedent In 1997, the Supreme Court had the opportunity to consider this novel question in McMillian v. Monroe County, Alabama, 520 U.S. 781 (1997). The subject lawsuit arose after employees of Monroe County, including the Sheriff of Monroe County, allegedly intimidated the plaintiff “into…
The Fight To Ban Facial Recognition Technology In Connection With Body Cams
Facial recognition technology has been around since the 1960s, and it is the current focus of California Assembly Member Phil Ting’s proposed assembly bill – The Body Camera Accountability Act (AB 1215). AB 1215, if enacted, would prohibit law enforcement agencies from using facial recognition technology in connection with a body camera. While civil rights…
First Amendment Case Involving Prisoner Complaint with Veiled Threats Won’t Be Reviewed by Supreme Court Over Strong Objection by Three Justices
Does the First Amendment require a prison to entertain a prisoner grievance that contains veiled threats to kill or injure a guard? This is the question that Justices Alito, Thomas, and Kavanaugh believe should be answered by the Supreme Court. However, over their objection, on May 13, 2019, the remaining Justices refused certiorari in Dahne…
California Court of Appeal Rules that Return to a Former Position from Promotional Probation Does Not Trigger POBRA Appeal Rights
By Katy A. Suttorp Although quite broad, the scope of personnel actions covered under the Public Safety Officers Procedural Bill of Rights Act (“POBRA”) does have some statutory limits. At issue in Conger v. County of Los Angeles was the exclusion in Section 3304(b) of “denial of promotion on grounds other than merit” from the…
Burke Has a New San Diego Location!
Burke is pleased to announce the opening of a San Diego office. With the continued growth and expansion of our firm across the state, this new location will help us better serve our clients. Burke’s expansion into San Diego, which creates its 10th office, underscores the firm’s consistent methodical growth in top economic and employment…
Keeping Up with the Legislature: 2019 Brings Changes to the Fair Employment and Housing Act
By Kelly Trainer, Partner, and Pooja Patel, Associate, Burke, Williams & Sorensen In response to the #metoo movement in 2017, the California Legislature introduced various bills to amend the Fair Employment and Housing Act (“FEHA”). Governor Brown signed several of these bills and they went into effect on January 1, 2019. As with the remainder…
Can White Supremacists Demand Kosher Meals in Prison?
Courts Crack Down on “Creativity” Religion’s Creative Requests Background Regarding Creativity There are inmates across the country who claim to be part of “The Church of the Creator,” which they say “embraces and espouses the religion of Creativity.” These inmates claim the “overriding mission of the Church and the Creativity religion is the permanent prevention…
Ninth Circuit Again Requires Police Officers To Step Into The Shoes Of Mental Health Professionals
In Horton v. City of Santa Maria, the Ninth Circuit demonstrated its understanding that the qualified immunity analysis (which is where an officer may be immune for damages if his or her conduct is not clearly unlawful) is highly specific to the factual scenario presented in each case and reversed the district court when it…
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