by Algeria Ford California Penal Code Section 148.6 criminalizes the filing of knowingly false statements against peace officers. The Code requires law enforcement to issue advisements that must be signed by a complainant when making a complaint against an officer. In Chaker v. Crogan, the Ninth Circuit Court of Appeal ruled that Section 148.6 was…
Category: Law Enforcement
Ninth Circuit Holds that Injured Trump Supporters’ Lawsuit Against Police Department Can Proceed
Can attendees of a political rally hold officers liable for failing to protect them from counter-protesters? The Ninth Circuit says maybe, and allowed Juan Hernandez, et al. v. City of San Jose, a lawsuit brought by Trump supporters injured at a rally, to proceed forward. Background On June 2, 2016, then-Presidential candidate Donald Trump held…
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…
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 charges in an unrelated case. Based on Mvuemba recanting, Smith’s criminal conviction was overturned. Thereafter,…
Everything Is Partisan, Including How Americans View Policing
What should your first step be in evaluating how your jury pool will view an officer’s use of force? Here’s a hint – look at the 2016 election results. In preparing for any jury trial, a public entity should assess information about the likely jury pool. Fortunately for public entities preparing to try civil rights…
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,…
Gender Issues in Policing from the Law and Order Perspectives
On Friday, May 4th, Susan E. Coleman will be co-presenting with Sandra Spagnoli, Chief of Police, Beverly Hills Police Department at the League of California Cities, City Attorneys’ Conference. The last several decades have witnessed a rise in female officers in law enforcement agencies, with a growing number of women leading police departments. L.A. County…
SCOTUS Reverses Ninth Circuit And Finds Officer Is Immune From Liability In Excessive Force Case
On April 2, 2018, the Supreme Court of the United States, in Andrew Kisela v. Amy Hughes, granted summary judgment in favor of police officer Andrew Kisela on the grounds that he was entitled to a qualified immunity – an immunity that attaches when an official’s conduct does not violate clearly established law. Case Background…
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…
Baker to Vegas: Balancing the Teambuilding Benefits with the Risk of Liability
With the Baker to Vegas relay just concluded for 2018, it seems timely to query whether company-sponsored trips that enhance team morale but are not strictly work-related are worth the liability exposure. Or perhaps it is better to keep these events on calendar but make sure your agency is taking any necessary measures to ensure…
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