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 […]
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 […]
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’ […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
