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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 – …

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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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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 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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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 …

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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 …

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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 …

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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 …

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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, …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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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Suite 540
Sacramento, CA 95833

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

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