0 comments on “Burke Secures Victory for Detectives at Ninth Circuit in Alleged Wrongful Conviction Case”

Burke Secures Victory for Detectives at Ninth Circuit in Alleged Wrongful Conviction Case

Background In 1994, John Smith was convicted of murder and attempted murder.  Approximately 15 years later, the main eyewitness in the case, Landu Mvuemba, recanted his testimony. At the time he recanted his testimony, Mvuemba was facing his own criminal…

0 comments on “No Pain, No Gain? A Review of the Physical Injury Requirement under the Prison Litigation Reform Act”

No Pain, No Gain? A Review of the Physical Injury Requirement under the Prison Litigation Reform Act

In 1996, the Prison Litigation Reform Act (PLRA) was enacted to address the increase of prisoner litigation in federal courts.  One provision of the PLRA states that an inmate cannot seek monetary damages for mental or emotional injuries unless that…

0 comments on “For Whom the Statute of Limitation Tolls: California Court of Appeal Rules that Statutory Tolling for Incarcerated Persons Does Not Apply to Detainees in County Jail”

For Whom the Statute of Limitation Tolls: California Court of Appeal Rules that Statutory Tolling for Incarcerated Persons Does Not Apply to Detainees in County Jail

It is well known that a plaintiff must bring his claim before the statute of limitations expires.  Under Code of Civil Procedure section 352.1, this statutory deadline may be extended—or tolled—for two years for plaintiffs who are “imprisoned on a…

0 comments on “Better Late Than Never: The Importance of After-Acquired Evidence in Employment Cases”

Better Late Than Never: The Importance of After-Acquired Evidence in Employment Cases

What should you do when you’ve fired an employee, the employee sues you, and you later find evidence that the employee engaged in egregious misconduct?  Tell your attorney.  This evidence, called “after-acquired evidence,” can be a useful defense in employment…

0 comments on “Federal Judge Continues to Put the Freeze on ICE Detainers”

Federal Judge Continues to Put the Freeze on ICE Detainers

In the consolidated class action cases of Roy v. County of Los Angeles and Gonzalez v. ICE, a Los Angeles federal judge ruled that federal immigration authorities and the Los Angeles County Sheriff’s Department violated the Constitution by detaining certain…

0 comments on “Ninth Circuit Adds Extra Step to Screening Process for Pro Se Prisoner Claims”

Ninth Circuit Adds Extra Step to Screening Process for Pro Se Prisoner Claims

Groundhog’s Day may not be until February, but several parties in pro se cases may start feeling a sense of de ja vu by seeing screening orders that seem duplicative of orders they’ve seen before. This is the result of…

0 comments on “2017 Year in Review: A Look Back at the Biggest Stories in Law Enforcement and Corrections”

2017 Year in Review: A Look Back at the Biggest Stories in Law Enforcement and Corrections

Sexual Harassment takes the Spotlight: As sexual harassment and sexual assault claims sweep through all types of industries, law enforcement and correctional agencies should be prepared to handle these matters - both amongst employees, pretrial detainees, and inmates who may…

0 comments on “Court of Appeal Reverses $4 Million Verdict Awarded to Officers Benched for “Political Reasons” After Shooting”

Court of Appeal Reverses $4 Million Verdict Awarded to Officers Benched for “Political Reasons” After Shooting

In 2010, Officers Diego and Corrales were involved in an officer-involved-shooting, which resulted in the death of Steve Washington, a 27-year-old African American male who was autistic. The Department found that both Officers’ decisions to exhibit their firearms and to…

0 comments on “Smile: You’re On Candid Camera. What Happens When Alleged Officer Misconduct is Caught on Tape?”

Smile: You’re On Candid Camera. What Happens When Alleged Officer Misconduct is Caught on Tape?

In Santa Ana Police Officers Assn. v. City of Santa Ana, the California Court of Appeal held that officers do not have a reasonable expectation of privacy when they conduct search warrants.  However, the Court also held that internal affairs…

0 comments on “Ninth Circuit says No Qualified Immunity for Off-Duty Police Officer Working as Security Guard”

Ninth Circuit says No Qualified Immunity for Off-Duty Police Officer Working as Security Guard

Synopsis:  On August 23, 2017, in Bracken v. Okura, 2017 U.S. App. LEXIS 16105 (9th Cir. Aug. 23, 2017), the Ninth Circuit Court of Appeals ruled that an off-duty police officer working as a hotel security guard was not entitled…