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Officer’s Improper Remark On Facebook Not Protected Under The First Amendment

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Officer’s Improper Remark On Facebook Not Protected Under The First Amendment

In 2014, Benjamin Zucker had been employed by the LAPD for 19 years. He held the rank of police sergeant, and was a traffic enforcement supervisor at West Traffic Division. At the time of this matter, the LAPD did not have a policy regarding the use of personal Facebook accounts, and Zucker had not received […]

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O’doan Vs Stanford

Facts Police officers responded to a 911 call reporting that James O’Doan had experienced an epileptic seizure, was trying to break windows, and had fled his home naked. When officers arrived, O’Doan refused to comply with the officers’ commands to stop and took off quickly. Officer Sanford used a “reverse reap throw”1 to bring him

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L.a. Sheriff Barred From Disclosing Brady List Names To Prosecutors

On March 24, 2017, our law firm filed an amicus curiae brief in the above-referenced case in support of the Association for Los Angeles Deputy Sheriffs (ALADS), on behalf of the Riverside Sheriffs’ Association (RSA), the Los Angeles Police Protective League (LAPPL) and the Southern California Alliance of Law Enforcement (SCALE). The primary concern of

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Employer Ban On Officer Speech Violates First Amendment Moonin V. Tice, No. 15-16571 (9th Cir. 2017)

The United States Court of Appeals has held that a public employer may not subject all employee speech regarding a particular government program to a blanket ban. The case arose from a dispute regarding the management of the Nevada Highway Patrol (NHP) canine drug detection unit. Major Tice sent an email to all K9 program

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Disciplinary Appeal Of Termination Still Possible After Retirement

We recently had a client ask us if they could proceed with their disciplinary appeal, if they retired after being fired .Although at one time it was uncertain what would occur in such a situation, recently passed statutes and judicial and administrative decisions have clarified the law in this area. Government Code §20969.3 requires a

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“Detention For Investigation” How Long Is Too Long?

The 9th Circuit Court of Appeals recently held that a five-hour detention, even assuming a legitimate reason to detain initially existed, but then dissipated, was too long under the circumstances. The court rejected a claim of qualified immunity related to the detention, meaning that the five-hour detention violated clearly established 4th Amendment rights against unlawful

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Ca Supreme Court Upholds Immunity For Police Pursuit Damages

Police pursuing a suspect in the City of Gardena, employed a PIT (Pursuit Intervention Technique) to the left rear of the suspect’s pickup truck causing it to spin into a streetlight pole. Truck passenger, Mark Gamar, died from injuries he sustained in the crash. Gamar’s mother, Irma Ramirez, filed a wrongful death suit against the

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