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…
Category: Court of Appeal
Martinez v. Stratton O’Hara: What you say (to the Court of Appeal) can and will be used against you
By Brian I. Hamblet In Martinez v. Stratton O’Hara et al. decided on February 28, 2019, the California Court of Appeal (Fourth Appellate District) concluded that the “Plaintiff’s attorney committed misconduct on appeal, including manifesting gender bias” in his comments about the trial court judge (which included calling the female judge’s actions “succubustic”) and reported…
When Words Alone Constitute Severe and Pervasive Harassment
The old adage “sticks and stones may break my bones, but words can never hurt me” may apply in Eighth Amendment cruel and unusual punishment cases, but it doesn’t work in FEHA harassment claims. In Augustine Caldera v. California Department of Corrections and Rehabilitation (CDCR), the Fourth Appellate District recently issued a published opinion finding…
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 times following a traffic stop. While the police officers did not move for summary judgment,…
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 criminal charge.” In a matter of first impression, the California Court of Appeal in Austin…
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 in the process of drafting legislation. The Court held that the deliberative process privilege protects…
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 use lethal force were “in policy” because, “although the tactics were bad, which … led…
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 investigators must provide officers with recordings of prior interrogations and other documents prior to a…
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 to qualified immunity. Even though the officer was wearing his police uniform and the police…
A Police Officer’s Appeal Rights
Prior to the issuance of any disciplinary action, police officers must be given a second bite of the proverbial apple.
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