Legal Issues


Court Of Appeal Permits Waiver Of POBR Rights In Limited Circumstances

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..

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National Labor Relations Board: Posting On Facebook May Be Protected Union Activity

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..

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Termination After Officer's Attorney Declares Settlement "Null And Void"

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..

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California Supremer Court To Hear Challenge To City's Purported Fiscal Emergency

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..

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CLIENT ADVISORY: Superior Court Rules Peace Officers Have POBR Right to See Original Complaints Filed Against Them

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..

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CLIENT ADVISORY: Wisconsin Court Strikes Down Anti-Union Law

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..

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CLIENT ADVISORY: Court of Appeal: Firefighters Procedural Bill of Rights Act applies to Charter Cities

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..

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CLIENT ADVISORY: United States Supremer Court Upholds California Prison Population Cap

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..

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CLIENT ADVISORY: Court of Appeal Upholds $1.5 Million Judgement for Disabled Police Officer

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 ..

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Sacramento Probation Association Sues Board of Supervisors Over Probation Department Funding

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..

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CLIENT ADVISORY: Supremer Court Ends County's Efforts to Take Away Orange County Deputies 3% at 50 Pension Benefits

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..

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Automobile Insurqance Exclusions that Target and Affect Peace Officers

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..

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SCPA Media Campaign Supports Litigation Objectives

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..

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Complaint Alleges Risk to Public from Budget Cuts

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 ..

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