In Lanigan v. City of Los Angeles (Cal. Ct. App., Oct. 4, 2011) 2011 WL 4552533, the Court of Appeal for the Second District overturned the trial court, finding POBR protections can be waived in a minority of discipline cases. The case concerned a Los Angeles police officer facing several serious di..
In Hispanics United of Buffalo, Inc. (September 2, 2011) NLRB Case No. 3-CA-27872, an
administrative law judge of the National Labor Relations Board ruled a New York nonprofit
violated federal law by firing five employees who posted comments on Facebook about working conditions, including worklo..
In Ferguson v. City of Cathedral City (2011,E051039) 2011 WL 2582134, the Fourth District
Court of Appeal upheld the termination of a police officer, even after he agreed to settle his discipline case for a 160-hour suspension. The Court’s decision relied on a letter sent by the officer&rsqu..
The California Supreme Court recently depublished City of Los Angeles v. Superior Court (Engineers and Architects Association) (2011) 193 Cal.App.4th 1159, and granted review. The decision of our Supreme Court to grant review appears to reflect a greater willingness of the courts to provide judicia..
On June 10, 2011, the Sacramento Superior Court ruled POBR guarantees peace officers access to the actual complaints against them, not merely summaries.
The case, Matthew Medina v.State of California, has been followed closely by peace officer advocates because of its state-wide implications..
On May 26, 2011, a Wisconsin Circuit Court Judge struck down Wisconsin’s anti-union law, deciding the state Legislature passed the law in violation of the state’s Open Meetings Law. In State of Wisconsin et al., v. Scott Fitzgerald, et al., Case No. 11CV1244, Judge Maryann Sumi decided t..
In International Association of Firefighters, Local 230 v. City of San Jose (May 24, 2011), 2011 WL 1998674, the Court of Appeal ruled section 3254.5 of the Firefighters Procedural Bill of Rights Act (FFBOR) does not violate the “home rule” provisions of the California Constitution. As a..
In Brown v. Plata (May 23, 2011) --- S.Ct ---, the United States Supreme Court upheld the California prison population cap imposed by a special three- judge court. The Prison Law Office (PLO) alleged prison conditions, especially overcrowding, violated the Constitution’s protection against cru..
In Cuiellette v. City of Los Angeles (April 22, 2011) - -- Cal.App.4th ---, the Second District of the Court of Appeal decided the Los Angeles Police Department could be held liable for disability discrimination after it terminated a disabled police officer.
LAPD police officer Rory Cuiellette ..
Faced with the most severe county budget crisis in the state, the Sacramento County Probation Association (SCPA) has opened landmark litigation against the county board of supervisors seeking a court order to reinstate millions of dollars in funding for probation programs, positions and responsibili..
On April 13, 2011, the California Supreme Court denied Orange County’s petition to review the appellate court decision in County of Orange v. Association of Orange County Deputy Sheriffs, bringing the County’s attempt to revoke pension benefits to an end.
In County of Orange v. A..
By ANTHONY P. DONOGHUE and john p. tribuiano III
Mastagni, Holstedt, Amick, Miller & Johnsen, APC
Insurance companies are increasingly drafting personal automobile insurance policy exclusions that both directly target and indirectly affect peace officers and other emergency personnel. The..
Working with a media consultant, the SCPA started a county-wide campaign, “Keep Sacramento Safe,” to drum up public support for the Probation Department’s mission. The campaign included addressing members of the Board of Supervisors at district functions and a YouTube video fea..
The 29-page complaint, filed May 20, 2010, alleges that as a result of the Sacramento County Probation Department’s present inability to comply with constitutional, statutory and court-ordered mandates, the people of Sacramento County are at a heightened risk from serious and violent criminal ..