January 24, 2023
CPOA Client Alerts – January 2023
Courtesy of James R. Touchstone, Esq. The following Case Summaries have been provided by James R. Touchstone, Esq., Partner at Jones Mayer and CPOA’s General Counsel. CPOA Client Alerts – January …
December 27, 2022
CPOA Case Summaries-Nov 2022
Courtesy of James R. Touchstone, Esq. The following Case Summaries have been provided by James R. Touchstone, Esq., Partner at Jones Mayer and CPOA’s General Counsel. CPOA CASE SUMMARIES – NOVEMBER …
November 16, 2022
CPOA Case Summaries-Sept/Oct 2022
CPOA Case Summaries-Sept/Oct 2022 Courtesy of James R. Touchstone, Esq. The following Case Summaries have been provided by Jim Touchstone, Partner at Jones & Mayer and CPOA’s General Counsel. CPOA …
Read More » September 9, 2022
Bills Are with Governor Now. What’s On His Desk?
By: Shaun Rundle, Executive Director. The Legislature had a strict deadline of August 31st, to send all bills to Governor Newsom. The governor now has until September 30th to sign …
Read More » September 9, 2022
CPOA Case Summaries-July 2022
Courtesy of James R. Touchstone, Esq. The following Case Summaries have been provided by Jim Touchstone, Partner at Jones & Mayer and CPOA’s General Counsel. CPOA CASE SUMMARIES – JULY …
Read More » 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 …
Read More » 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
Read More » 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 …
Read More » 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 …
Read More » 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 …
Read More » 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 …
Read More » 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 …
Read More » 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 …
Read More » 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 …
Read More » 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 …
Read More » 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 …
Read More » 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’ …
Read More » 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 …
Read More » 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 …
Read More » 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 …
Read More » 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 …
Read More » 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 …
Read More » 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 …
Read More » 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. …
Read More » 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 …
Read More » 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 …
Read More » 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 …
Read More » 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 …
Read More » 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. …
Read More » 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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