Legislating Law Enforcement

Typically law enforcement agencies, with the help of their respective governing City/County/State entity, create their own policies and procedures in procedures in conformity with the Penal Code, case law, and POST guidelines.  This year, numerous bills have been proposed in the California Legislature to impose new requirements on peace officers.  While some of these proposals…

The Ninth Circuit Creates a Difficult and Dangerous Standard for Officers: An Analysis of Vos v. City Of Newport Beach (June 11, 2018)

Key Facts of Vos v. City of Newport Beach On May 29, 2014, at around 8:15 p.m., Gerritt Vos entered a 7-Eleven in an agitated manner, prompting someone to call 911. The Newport Police Department dispatch advised the responding officers that Vos was holding a pair of scissors inside the store. Vos had grabbed and…

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,…

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…

2017 Year in Review: A Look Back at the Biggest Stories in Law Enforcement and Corrections

Sexual Harassment takes the Spotlight: As sexual harassment and sexual assault claims sweep through all types of industries, law enforcement and correctional agencies should be prepared to handle these matters – both amongst employees, pretrial detainees, and inmates who may raise claims. Do you know whether hugs can lead to a sexual harassment lawsuit against…

Do Body Cameras Lead To Fewer Citizen Complaints? A Recent Study Says No.

Last month, the New York Times reported on a recent Washington, D.C. study on the use of police body cameras.  As part of the study, the D.C. Metro police department randomly split 2,000 officers into two groups – one group without cameras and the second group with cameras.  Researchers expected to see a reduction in…

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…

When Expert Witnesses Have Their Own Colorful Past

At trial, an expert witness is called to testify about issues “beyond the ken” of the jury, using his or her experience and background to explain things a typical juror wouldn’t understand.  Experts may be called in almost any field, from police or custody practices to human resources to gangs, economics, medicine, or psychology, to…

Can a Police Officer be Fired for NOT Shooting?

Read on to learn about the fatal officer-involved shooting of an African-American man in a West Virginia town and what happened to the first officer on scene, who did not fire his gun.

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 Section 1203.4, which allows judges to dismiss charges after the completion of probation? The Court…