What Are Administrative Hearings? When an individual or business disputes a government agency’s decision in California, that decision can be contested. This is done by asking the government agency or entity for an administrative hearing. In general, administrative law hearings are considered to be less formal than typical courtroom trials. The hearings are overseen by […]

What is Protected Leave in California? In addition to the FMLA, eligible employees enjoy benefits from the California Family Rights Act (CFRA). To be eligible for CFRA benefits, California workers must have more than 12 months of service with their current employer and have worked at least 1,250 hours over the previous year. California employees may also have access to Paid Family Leave

In an unpublished decision, the California Appeals Court affirmed a trial court’s decision upholding the dismissal of a deputy for an off-duty use of force, based in part on the deputy’s own voluntary statements to criminal investigators, where there was “no reasonable possibility” that the deputy’s use of deadly force was justified. 1. The Night

Like many other police litigation specialists, police procedures experts and police trainers, I have been intensely interested in the development of medical, pharmacological and biomechanical evidence that tends to shed light upon the phenomena known as sudden in-custody death. It seems to me that we face three (3) central hurdles in our quest to learn

“I had an A-D!” A law enforcement officer dreads the prospect of having to confess to the first on-scene supervisor or investigator in a tactical event that, for reasons the officer is unable to clearly articulate, much less understand, the officer’s gun, unintentionally discharged during the event. Minimally, the unintended discharge of a firearm in

Well, there it is. A subpoena to attend and testify before the grand jury. Now what do you do? The answer, beyond appearing at the required time on the subpoena, depends upon understanding both the grand jury process and your position with respect to the particular grand jury inquiry. Equally important, however, is your department’s

This will be the final Part of a five-part treatise examining the application of the Fifth Amendment’s right against self-incrimination to police officers whose official-capacity conduct comes under scrutiny in some forum, which presents the possibility of self-incrimination if the officer testifies or makes a statement in such a context. In Parts I through IV

With the signing of Senate Bill 1421 by Governor Brown, California will join almost every other state and allow, on a limited basis, public access to public safety officer disciplinary records. Effective January 1, 2019, SB 1421 will allow members of the public, (which includes the press), to obtain certain law enforcement agency personnel records

In this case, the Court of Appeal had to decide whether a person can sue police in civil court for excessive force after he had been convicted in criminal court. Specifically, after interacting with an officer, a man was convicted of an infraction: disturbing the peace. Notwithstanding this conviction, the Court held the man could