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

In a 6-1 decision, the Supreme Court of California rejected arguments made by the Long Beach Police Officers Association (LBPOA) and held there is a presumption that the public has a right to know the identities of officers involved in shooting incidents. While the justices indicated there may be circumstances that would permit the names

CAN YOU KEEP PERSONNEL RECORDS CONFIDENTIAL WITH A SETTLEMENT AGREEMENT? NO. Former City of Rio Vista Police Officer John Collondrez sued the City of Rio Vista and the Police Chief because the City had disclosed information from his personnel file in response to a public records request. The City moved to strike the complaint, which

1. The Impact of SB 1421 As we discussed in our October 2018 New Legislation Update, then-Governor Brown signed the historic Senate Bill 1421 into law allowing public access to certain police officer personnel records under a Public Records Act request (PRA) Prior to January 1, 2019, Penal Code Section 832.7 protected peace officer personnel

Arthur Ochoa was a deputy employed by the Kern County Sheriff’s Office (KCSO). On March 22, 2013, Priscilla S. informed Deputy Chaidez that Ochoa harassed her. On that same day, Chaidez submitted an interoffice memorandum documenting the allegation to Sergeant Bittle, Ochoa’s superior. On March 25, 2013, Bittle received Chaidez’s memorandum and “started an investigation

The United States Supreme Court continues to address “the circumstances under which a police officer may [take] a warrantless blood [sample from] a motorist who appears to have been driving under the influence of alcohol.” 2013 – Missouri v. McNeely, 569 U.S. 141 (2013) In McNeely, the U.S. Supreme Court was asked if the “exigent

Nature of the Action This case involves an appeal of the denial of qualified immunity for the use of deadly force against individuals inside a slow-moving vehicle following a high-speed chase. A 42 U.S.C. §1983 action was brought alleging the officers used excessive force when they shot and killed the driver and wounded the passenger.

Huntington Beach Police Officer, Eric Esparza, fatally shot Dillan Tabares after the two were involved in a physical altercation. The decedent’s mother sued the City and Esparza under 42 U.S.C. §1983 and California negligence law. Esparza brought a motion for summary judgment; the district court granted the motion on both the §1983 and negligence claims.