0 comments on “Summary Judgment Is Granted Based On Principles Of Qualified Immunity”

Summary Judgment Is Granted Based On Principles Of Qualified Immunity

On May 18, 2018, in Michael Easley v. City of Riverside, Sergio Diaz and Silvio Macias, the California Court of Appeals affirmed the District Court’s sua sponte[1] grant of summary judgment in favor of police officers who shot plaintiff three…

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 “Protecting the Decision-Makers: Appellate Decision Safeguards the Deliberative Process in Public Records Act Case”

Protecting the Decision-Makers: Appellate Decision Safeguards the Deliberative Process in Public Records Act Case

by Algeria R. Ford In Labor and Workforce Development Agency v. Superior Court of Sacramento County, et al., the California Court of Appeal recently dealt with a case involving the balance between open government principles and the need for confidentiality…

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…

0 comments on “No Take Backs: What Happens When an Employee Rescinds a Resignation?”

No Take Backs: What Happens When an Employee Rescinds a Resignation?

By Mitchell Wrosch Ruth Featherstone, an at-will employee with Southern California Permanente Medical Group (SCPMG), took an approved medical leave to treat a sinus condition. Seven days after she returned to work, Featherstone called her supervisor and resigned. After the…

0 comments on “Criminal Record Clear for a Civil Suit? Court of Appeal Says Think Again”

Criminal Record Clear for a Civil Suit? Court of Appeal Says Think Again

Individuals who are criminally convicted of resisting arrest are typically barred from pursuing civil claims for excessive force unless they have their conviction overturned. However, what happens when that person has the conviction cleared from their record under Penal Code…