News & Training
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TRAINING
Coming soon… Supervisors and the Firefighter Procedural Bill of Rights Act – 2020
NEWS
SUPREME COURT GRANTS BROADER IMMUNITY TO POLICE IN VEHICLE PURSUITS
By: Michael P. Stone, Esq. and Muna Busailah, Esq. On November 9, 2015, the United States Supreme Court issued its opinion in the case of Mullenix v. Luna (Mullenix) (No. 14-1143). The main issue before the Court was whether an officer is entitled to qualified...
VILLANUEVA V. STATE OF CALIFORNIA
Author: Robert Rabe Nature of the Action This case involves an appeal of the denial of qualified immunity for the use of deadly force against individuals inside a slow-moving vehicle following a high-speed chase. A 42 U.S.C. §1983 action was brought alleging the...
STATUTORY IMMUNITY FOR POLICE CHASE DAMAGE UPHELD
Author: Robert Rabe Do officers enjoy immunity for a pursuit policy that contains language that the officers have received, read and understand the policy? Or must the public entity prove not only that it has imposed the requirement, but also that all of the entity’s...
CA SUPREME COURT UPHOLDS IMMUNITY FOR POLICE PURSUIT DAMAGES
Author: Robert Rabe Police pursuing a suspect in the City of Gardena, employed a PIT (Pursuit Intervention Technique) to the left rear of the suspect’s pickup truck causing it to spin into a streetlight pole. Truck passenger, Mark Gamar, died from injuries he...
SUPREME COURT UPHOLDS TRAFFIC STOP BY DEPUTY
Author: Robert Rabe A Kansas Deputy Sheriff was on routine patrol when he observed a pickup truck. The Deputy ran a license plate check on the truck and discovered it belonged to Charles Glover (“Glover”). The Deputy also learned that Glover’s driver’s license had...
HERNANDEZ V. TOWN OF GILBERT
Author: Robert Rabe Following a brief police pursuit, Scott Hernandez fled to his home where he activated the remote-controlled garage door opener and entered the garage. Hernandez then tried to close the garage door remotely. Officer Robinson stopped the door from...
O’DOAN VS STANFORD
Author: Robert Rabe Facts Police officers responded to a 911 call reporting that James O’Doan had experienced an epileptic seizure, was trying to break windows, and had fled his home naked. When officers arrived, O’Doan refused to comply with the officers’ commands to...
RETIREES CANNOT APPEAL DISCIPLINE
Author: Robert Rabe Facts On May 30, 2012, Deputy Sheriff Martin Deiro was injured on duty. Following surgery, Deiro did not return to work and remained on leave. On May 1, 2015, Deiro applied to the Los Angeles County Employees Retirement Association (LACERA) for...
THE EFFECT OF RETIREMENT ON YOUR DISCIPLINARY APPEAL
Author: Robert Rabe A client recently asked, “Can I still appeal my termination, if I retire after I was served a notice of termination?” The answer is “yes” - an employee may continue with the disciplinary appeal if they retire after receipt of a notice of...
New “Kobe Bryant Privacy Law” Bans Accident Scene Photography by First Responders
Author: Maurice Sinsley In the wake of the tragic helicopter crash that claimed the life of Kobe Bryant and eight other victims, the Legislature passed AB 2655, making it a misdemeanor for first responders to take unauthorized photographsof deceased persons at...
TRAINING Bulletins
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LEGISLATIVE CHANGES
DISCIPLINARY APPEAL HEARINGS
Qualified Immunity
QUALIFIED IMMUNITY FOR UOF ON DISABLED- ODoan v. Sanford
K9 Use During Arrest Found Reasonable- Hernandez v. Town of Gilbert
Villanueva v. State of California -No QI for Cops Shooting at Slow-Moving Vehicle
Qualified Immunity Denied – Officer Used Knee to Secure SuspectJUNE 2020 – QUALIFIED IMMUNITY UNDER ATTACK
JUNE 2020 PRESS RELEASE – QUALIFIED IMMUNITY
APRIL 2018 – SUPREME COURT CLARIFIES & REFINES OFFICERS QUALIFIED IMMUNITY IN EXCESSIVE FORCE CASES
APRIL 2015 – ABSOLUTE IMMUNITY – AN OFFICER MAY NOT ALWAYS BE ABSOLUTELY IMMUNE FROM CIVIL LIABILITY
pursuits
pobra/ia investigations
MARCH 2019 – DIRECTIVE NOT TO CONTACT WITNESSES IMPROPER
MARCH 2019 – SUPREME COURT RULES “AIR TIME” OPTION IS NOT A PROTECTED RIGHT
JULY 2018 – WHO CAN INITIATE AN INVESTIGATION UNDER POBRA
JUNE 2018 – TRACKING POBRA’S ELUSIVE STATUTE OF LIMITATIONS DEFENSE
MAY 2018 – POBRA VIOLATED WHEN OFFICER NOT PROVIDED FULL REPORT
NOVEMBER 2016 – REMOVAL FROM SWAT TEAM NOT PUNITIVE ACTION
JULY 2016 – DISCOVERY ORDERS IN OFFICER’S APPEAL HEARING ARE “NOT APPEALABLE” BY CITY EMPLOYER
JUNE 2016 – POBRA TOLLING APPLIES TO CRIMINAL INVESTIGATIONS CONDUCTED BY EMPLOYER
MAY 2016 – TEN RULES OF ENGAGEMENT IN THE INTERNAL INVESTIGATORY AND DISCIPLINARY PROCESS IN 2016
DECEMBER 2014 – SUPREME COURT RULES POBRA HEARING OFFICERS MAY HEAR AND DECIDE PITCHESS MOTIONS
perb
fourth amendment
Tabares v. City of Huntington Beach CA Negligence Law is Broader than 4th Amendment Law
AUGUST 2019 – DETENTION FOR INVESTIGATION HOW LONG IS TOO LONG
JULY 2019 – WARRANTLESS BLOOD TEST FOR UNCONSCIOUS DRIVER ALLOWED
NOVEMBER 2018 – ENTRY INTO HOME BY “RUSE” NOT PERMITTED
JULY 2018 – SEARCH WARRANT NECESSARY TO OBTAIN CELL-SITE RECORDS
DECEMBER 2016 SEARCH OF OFFICER’S PERSONAL CELL PHONE MAY VIOLATE 4TH AMENDMENT
brady list
first amendment
JUNE 2019 – COURT RULES FOR POLICE OFFICERS IN FIRST AMENDMENT RETALIATION CLAIM
JULY 2018 – OFFICER’S IMPROPER REMARK ON FACEBOOK NOT PROTECTED BY 1ST AMENDMENT
AUGUST 2017 – EMPLOYER BAN ON OFFICER SPEECH VIOLATES FIRST AMENDMENT
JUNE 2014 – PUBLIC EMPLOYEE’S SWORN TESTIMONY IS ENTITLED TO FIRST AMENDMENT PROTECTION
MARCH 2014 -THE DAHLIA CASE- POLICE WHISTLEBLOWERS AND THE FIRST AMENDMENT IN THE NINTH CIRCUT
fifth amendment
second amendment
Personnel Records
use of force
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