Is Your Anti-Camping Ordinance Legal?

In 2017, California had approximately 134,278 homeless individuals and 68.2% of this population was unsheltered. In response to the influx of individuals sleeping on public property, many cities created ordinances prohibiting people from camping in public spaces (anti-camping laws) and these ordinances allowed law enforcement to issue citations to homeless people for sleeping on public…

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…

Perez v. City of Roseville | When Police Officers Date Fellow Officers

Generally, dating someone you work with is not a good idea.  If things don’t work out, it makes the work atmosphere awkward.  When a relationship occurs between employees of different ranks, it can create problematic dynamics leading to harassment or hostile work environment claims (with claims brought by one of the involved employees or by…

Can Qualified Immunity Be Decided By A Jury?

As the Supreme Court has repeatedly emphasized, qualified immunity is an issue that should be decided at the earliest opportunity.  Typically this means the issue is raised at the motion to dismiss stage if it can be argued based on the allegations in the complaint, and/or at the summary judgment stage when evidence can be…