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August 4, 2022

Back From Summer Recess: Legislature Wraps Up

By: Shaun Rundle, Executive Director. On Monday, August 1st the Legislature returned from their month-long Summer Recess. They now have until August 31st to pass all bills to the governor’s …

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July 28, 2022

CPOA Case Summaries-June 2022

Courtesy of James R. Touchstone, Esq. The following Case Summaries have been provided by Jim Touchstone, CPOA’s General Counsel. CPOA CASE SUMMARIES – JUNE 2022

May 12, 2022

CPOA Case Summaries-March/April 2022

Courtesy of James R. Touchstone, Esq. The following Case Summaries have been provided by Jim Touchstone, CPOA’s General Counsel. CPOA CASE SUMMARIES – MARCH 2022 CPOA CASE SUMMARIES – April …

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March 14, 2022

CPOA Case Summaries-February 2022

Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW/ POLICE CONDUCT Court extends the Bivens remedy to allow suit against a correctional officer who allegedly created a substantial risk of harm …

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January 24, 2022

2022 Legislative Year: Retail Theft, Murder Liability, Fentanyl and More

By Shaun Rundle, CPOA Executive Director Legislators feeling frustrated by their failed 2021 bills have reintroduced some of those measures. They join a wave of new introductions that seek to …

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January 24, 2022

CPOA CASE SUMMARIES – DECEMBER 2021

Courtesy of James R. Touchstone, Esq.   CONSTITUTIONAL LAW/ POLICE CONDUCT   Defendant’s murder conviction was reversed because the police officer obtained defendant’s confession by threatening to charge his sons …

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December 16, 2021

CPOA Case Summaries – November 2021

Courtesy of James R. Touchstone, Esq. CPOA CASE SUMMARIES – NOVEMBER 2021 CONSTITUTIONAL LAW/POLICE CONDUCT   A. Plaintiff raising his hands in the air and questioning why he was being …

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December 16, 2021

California Statute Prohibiting Possession of Large-Capacity Magazines is a Reasonable Fit for the Important Government Interest of Reducing Gun Violence

Provided by James R. Touchstone Esq In Duncan v. Bonta,[1] the en banc Ninth Circuit Court of Appeals held that a California statute which banned possession of magazines holding more …

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December 16, 2021

A Plaintiff Failed to Plausibly Allege That an Officer Violated a Detainee’s Constitutional Right to Adequate Medical Treatment

Provided by James R. Touchstone Esq In J. K. J. v. City of San Diego,[1] the Ninth Circuit Court of Appeals affirmed a dismissal of an action alleging constitutional violations …

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November 12, 2021

Statutory Change Broadening Requirement to Release of Peace Officer Records

Provided by James R. Touchstone Esq On September 30, 2021, Senate Bill 16 (“SB 16”) was signed and chaptered into law and will take effect on January 1, 2022.  This …

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November 12, 2021

A Police Chief was not Entitled to Qualified Immunity when an Officer Asserted that she had been Retaliated Against For Filing Sex-Discrimination Lawsuit

Provided by James R. Touchstone Esq In the case of Ballou v. McElvain,[1] the Ninth Circuit Court of Appeals affirmed the denial of qualified immunity to a police chief on …

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November 12, 2021

California Assembly Bill 32 Impedes Federal Immigration Policy

Provided by James R. Touchstone Esq In October 2021, the Ninth Circuit Court of Appeals in GEO Grp., Inc. v. Newsom,[1] reversed a District Court’s order denying the United States’ …

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November 12, 2021

Supreme Court Concludes that Police Officers did not Violate any Clearly Established Law and were thus Entitled to Qualified Immunity

Provided by James R. Touchstone Esq In October 2021, the United States Supreme Court, in its per curiam decision City of Tahlequah v. Bond,[1] concluded that a Circuit Court of …

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November 12, 2021

Supreme Court Reverses Ninth Circuit’s Decision to Deny Officer Qualified Immunity

Provided by James R. Touchstone Esq In the case Rivas-Villegas v. Cortesluna,[1] the United States Supreme Court reversed the Ninth Circuit Court of Appeal’s decision denying qualified immunity to a …

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November 12, 2021

Because of Plaintiff Necessarily Admitted to the Lawfulness of an Officer’s Actions in his Guilty Plea, his Excessive Force Claim was Barred

Provided by James R. Touchstone Esq In Sanders v. City of Pittsburg,[1] the Ninth Circuit Court of Appeals affirmed the dismissal of a complaint brought pursuant to 42 U.S.C. section …

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November 12, 2021

After Passage of Proposition 64, Possession of Cannabis in Prison Remains a Violation of Penal Code Section 4573.6

Provided by James R. Touchstone Esq In People v. Raybon,[1] the California Supreme Court concluded that possession of cannabis in prison remains a violation of Penal Code section 4573.6, even …

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November 12, 2021

Government Entitled to Qualified Immunity in Plaintiff’s Action Alleging that Government Employer Violated his First Amendment Rights

Provided by James R. Touchstone Esq In Ohlson v. Brady,[1] the Ninth Circuit Court of Appeals determined that public agency defendants were entitled to qualified immunity in an employee’s action …

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November 12, 2021

Statutory Change to Law Enforcement use of Social Media

Provided by James R. Touchstone Esq, Richard A. Lucero Esq On July 23, 2021, AB1475 was signed and chaptered into law, and will take effect on January 1, 2022.  The …

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November 12, 2021

District Court Properly Dismissed Section 1983 Excessive Force Claim After Criminal Jury Convicted Plaintiff of Violating Penal Code Section 148

Provided by James R. Touchstone In a 2-1 opinion, the Ninth Circuit Court of Appeals, in Lemos v. Cty. of Sonoma,[1] affirmed a District Court’s holding that a 42 U.S.C. …

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November 12, 2021

Update: Executive Decisions and the COVID-19 Vaccines

Provided by James R. Touchstone, Esq. Richard A. Lucero, Esq. The persistence of the COVID-19 pandemic, the transmissibility associated with the Delta variant, and differing beliefs about personal autonomy and …

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November 12, 2021

CPOA Case Summaries – October 2021

Courtesy of James R. Touchstone, Esq. CPOA CASE SUMMARIES – OCTOBER 2021   CONSTITUTIONAL LAW/POLICE CONDUCT   Even assuming a police officer testified falsely during administrative proceedings, there was no …

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November 12, 2021

CPOA Case Summaries – September 2021

Courtesy of James R. Touchstone, Esq. CPOA CASE SUMMARIES – SEPTEMBER 2021   CONSTITUTIONAL LAW/POLICE CONDUCT   A. Plaintiffs were likely to succeed on their claim that the destruction of …

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September 30, 2021

Governor Signs Package of Public Safety Reform Measures

By: Shaun Rundle, CPOA Deputy Director. In Gardena, home district of Senator Steven Bradford, Governor Newsom signed a package of public safety bills that CPOA has lobbied all year. They …

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September 27, 2021

CPOA Case Summaries – August 2021

Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW/POLICE CONDUCT A. CDCR officials who adopted regulations that were later voided entitled to legislative immunity.   Jones v. Allison, 2021 U.S. App. …

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August 9, 2021

CPOA Case Summaries – July 2021

Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW/POLICE CONDUCT A. Killgore decision re massage establishments and closely regulated inspections. Killgore v. City of S. El Monte, 2021 U.S. App. LEXIS …

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July 27, 2021

Kilgore Decision RE Massage Establishments and Closely Regulated Inspections

Provided by Gregory P. Palmer, Esq., James R. Touchstone, Esq., & Veronica R. Donovan, Esq. Background The Ninth Circuit Court of Appeals has recently reaffirmed a decades old California state …

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July 23, 2021

CPOA Case Summaries – June 2021

Courtesy of James R. Touchstone, Esq. CONSTITUTIONAL LAW/POLICE CONDUCT A. The Supreme Court clarifies the extent of authority of Indian tribal peace officers on public rights-of-way on reservation land. United …

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July 15, 2021

Ninth Circuit Stays District Court Ruling Holding that California Assault Weapons Laws are Unconstitutional

Provided by James R. Touchstone, Esq. In the June 2021 case of Miller v. Bonta,[1] the United States District Court for the Southern District of California held that California statutes …

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July 14, 2021

Under the Fourth Amendment, Pursuit of a Fleeing Misdemeanor Suspect does not always Justify a Warrantless Entry into a Home

Provided by James R. Touchstone, Esq. In Lange v. California,[1] the United States Supreme Court held that an officer’s pursuit of a fleeing misdemeanor suspect does not categorically justify a …

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July 14, 2021

Qualified Immunity Bill Gets Amended, As Does Cop Minimum Age

By: Shaun Rundle, CPOA Deputy Director. Two of the bills that CPOA’s Law & Legislation Committee felt to be of the biggest-impact for 2021, are SB 2 (Bradford-D) and AB …

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2485 Natomas Park Drive
Suite 540
Sacramento, CA 95833

P (916) 263-0541
F (916) 520-2277

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