March 14, 2023
CPOA Client Alerts-March 2023
Courtesy of James R. Touchstone, Esq. The following case summary has been provided by James R. Touchstone, Esq. Partner at Jones Mayer and CPOA’s General Counsel. Vol. 38 No. 4
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 – …
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 » 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 …
Read More » 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 …
Read More » 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 …
Read More » May 25, 2021
Detectives Were Entitled to Qualified Immunity Because it Was Not Clearly Established That Their Interrogation Tactics Shocked the Conscience
Provided by James R. Touchstone, Esq. In Tobias v. Arteaga,[1] the Ninth Circuit Court of Appeals reversed the denial of qualified immunity for officers with regards to a plaintiff’s Fourteenth …
Read More » May 25, 2021
Supreme Court Rejects Broad Application Extending Community Caretaking Exception to Warrantless Searches and Seizures in Home in Certain Circumstances
Provided by James R. Touchstone, Esq. In a unanimous 9-0 decision, the United States Supreme Court in Caniglia v. Strom[1] rejected a lower court’s broad interpretation of the “community caretaking …
Read More » May 25, 2021
Public Safety Officers Procedural Bill of Rights Section 3303(G) does not Require Automatic Disclosure of Reports and Complaints Prior to any Further Interrogation of an Officer Under Investigation
Provided by James R. Touchstone, Esq. In Oakland Police Officers’ Ass’n v. City of Oakland,[1] the California First District Court of Appeal concluded that the Public Safety Officers Procedural Bill …
Read More » April 21, 2021
THE COURT OF APPEAL RESOLVED THE CONFLICT BETWEEN AN SB1421 DISCLOSURE WHICH VIOLATED A PROVISION OF A SETTLEMENT AGREEMENT IN A DISCIPLINARY ACTION AND DECIDED WHAT THE “FINAL DETERMINATION OF SUSTAINED DISCIPLINE” MEANS IN SB1421
Provided by Gregory P. Palmer The First District Court of Appeal in Collondrez v. City of Rio Vista, (2021) 61 Cal. App. 5th 1039, issued a decision in which a …
Read More » April 21, 2021
REHEARING EN BANC, NINTH CIRCUIT COURT CONCLUDES THAT INDIVIDUALS DO NOT HAVE A SECOND AMENDMENT RIGHT TO CARRY FIREARMS OPENLY IN PUBLIC
Courtesy of James R. Touchstone, Esq., Jones & Mayer In Young v. Hawaii,[1] the en banc Ninth Circuit Court of Appeals held that the Second Amendment does not guarantee an unfettered, …
Read More » March 15, 2021
NO CLEARLY ESTABLISHED LAW GOVERNED THE REASONABLENESS OF USING A CANINE TO SUBDUE A NON-COMPLIANT SUSPECT
Courtesy of James R. Touchstone, Esq. In Hernandez v. Town of Gilbert,[1] the Ninth Circuit Court of Appeals held that no clearly established law controlled in the specific context of …
Read More » February 3, 2021
FACTUAL DISPUTES PREVENTED COURT’S DETERMINATION OF PLAINTIFF’S FIRST AMENDMENT CLAIM UNDER PICKERING BALANCING TEST
Courtesy of James R. Touchstone, Esq. In Moser v. Las Vegas Metro. Police Dept., the Ninth Circuit Court of Appeals held that a federal District Court did not adequately address …
Read More » January 26, 2021
VOLUNTARY VACCINE AND WORKERS’ COMPENSATION
Courtesy of Paul R. Coble, Esq. & Richard A. Lucero, Esq. of Jones & Mayer While the distribution of the COVID-19 vaccine is advancing our effort to recover from the …
Read More » January 7, 2021
EXECUTIVE DECISIONS AND THE COVID-19 VACCINES
Courtesy of Paul R. Coble, Esq. & Richard A. Lucero, Esq. The availability of effective vaccines offers a major advancement in our emergence from the COVID-19 pandemic. As a component …
Read More » January 4, 2021
REASONABLE FACTFINDER COULD CONCLUDE THAT POLICE OFFICER VIOLATED PLAINTIFF’S DUE PROCESS RIGHTS BY OBTAINING COURT ORDER TO DESTROY PLAINTIFF’S FIREARMS WITHOUT GIVING HIM NOTICE
Courtesy of James R. Touchstone, Esq. In Wright v. Beck,[1] the Ninth Circuit Court of Appeals held that a plaintiff, who continued to assert a claim of right to previously …
Read More » November 16, 2020
GENUINE ISSUE OF FACT EXISTED AS TO WHETHER DEFENDANT USED EXCESSIVE FORCE IN BRIEFLY KNEELING ON PLAINTIFF’S BACK
Courtesy of James R. Touchstone, Esq. In a case filed on October 27, 2020, in Cortesluna v. Luna,[1] the Ninth Circuit Court of Appeals reversed the lower court’s grant of …
Read More » October 29, 2020
OFFICER ENTITLED TO QUALIFIED IMMUNITY IN OFFICER-INVOLVED SHOOTING
Courtesy of James R. Touchstone, Esq. The Ninth Circuit Court of Appeals in Ventura v. Rutledge[1] concluded that an officer who used deadly force was entitled to qualified immunity. In …
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