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 …
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
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 »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 »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 »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 »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 »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 »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 »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 »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 »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 »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 »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 »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 »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 »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 »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 »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 »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 »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 »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 »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 »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 »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 …
Read More »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 …
Read More »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 …
Read More »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 …
Read More »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 …
Read More »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 …
Read More »