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…
Author: Adreena Thomas
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…
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…
Webinar: Eliminating the Confidentiality of Certain Police Records
Police investigative records and body camera footage will be available for public scrutiny under two laws signed this week by Gov. Jerry Brown. SB 1421 will require agencies to disclose investigative materials relating to officer-involved shootings and other serious uses of force, while also requiring the disclosure of information regarding officers found to have provided false statements. AB 748…
Webinar | What You Say Online Can and Will Be Used Against You: Social Media Training for Law Enforcement Agencies
One of the quickest ways to end your career in law enforcement today is to post something inappropriate on social media. A survey commissioned by LexisNexis found that although 81 percent of law enforcement professionals surveyed said they use sites such as Facebook and Twitter on the job, 52 percent of the agencies lack procedures…
Could Your City be Violating the Constitution by Following the Penal Code? An Analysis of Penal Code Section 148.6 Requirements and Alternatives
by Algeria Ford California Penal Code Section 148.6 criminalizes the filing of knowingly false statements against peace officers. The Code requires law enforcement to issue advisements that must be signed by a complainant when making a complaint against an officer. In Chaker v. Crogan, the Ninth Circuit Court of Appeal ruled that Section 148.6 was…
The Ninth Circuit Reaffirms a Key Principle of §1983 Litigation – A Plaintiff Must Present Evidence That a Defendant Actually Participated in the Violation of the Plaintiff’s Rights
By Mitch Wrosch From November 2005 to August 2013, Plaintiff William King was incarcerated at Twin Towers Correctional Facility, a Los Angeles County jail, where he was held as a civil detainee while awaiting the adjudication of an involuntary commitment petition under California’s Sexually Violent Predator Act (“SVPA”). For more than six of those years…
Burke Obtains Summary Judgment in Retaliation Case
By Carmen M. Aguado On May 17, 2018, USDC Judge Jesus G. Bernal granted summary judgment in favor of the County of San Bernardino (“County”) and individually named County employees (collectively, “Defendants”) in Eric Bahra v. County of San Bernardino, et al., Case No. EDCV 16-1756 JGB (SPx), a retaliation case brought under 42 U.S.C….
SCOTUS Reverses Ninth Circuit And Finds Officer Is Immune From Liability In Excessive Force Case
On April 2, 2018, the Supreme Court of the United States, in Andrew Kisela v. Amy Hughes, granted summary judgment in favor of police officer Andrew Kisela on the grounds that he was entitled to a qualified immunity – an immunity that attaches when an official’s conduct does not violate clearly established law. Case Background…
The Cost Of Confidentiality: Employers Must Weigh Options When Settling Sexual Harassment Claims
By Paloma Peracchio The price of confidentiality just went up. Following the passage of the Tax Cuts and Jobs Act (the “Tax Act”) in December 2017, employers entering into settlement agreements with employees for claims of sexual harassment or sexual abuse will now need to weigh their desire to deduct the settlement cost as a…
