The court’s introduction says it all: “Defendant [] was charged with a number of drug offenses that exposed him to a maximum of 11 years in state prison. How did defendant attempt to avoid those 11 years? By trying to kill the detective whose testimony was required to convict him, of course. None of the […]
Another Pathetic Situation For A Mentally Ill Person.
A social worker contacted the police about a “gravely disabled” mentally ill woman he wanted transported to a mental health facility. The woman reacted violently when police entered her home. She grabbed a knife, threatened to kill the officers and told them she did not want to go to a mental health facility. Officers shot her […]
Employee Not Guaranteed No Loss Of Salary After Returning To Work.
When injured on the job, a deputy sheriff earned a five percent (5%) differential for working the night shift. When he returned to work, he worked at full duty for a few months and was then placed on modified duty by a physician. He was assigned to the day shift and received no pay differential. Labor […]
Does Continuous Lighting Amount To Cruel And Unusual Punishment?
A Washington prisoner appealed the grant of summary judgment in favor of prison officials who placed him in a special unit where he was monitored every 30 minutes. In the unit, each single-inmate cell is illuminated with three four-foot-long fluorescent tubes. Two of the three may be turned off by the inmate, but one of them […]
Local Ordinance Prohibiting Registered Sex Offenders From Entering City Parks Preempted By State Law.
A criminal defendant was charged with violating a local ordinance that prohibits registered sex offenders from entering city parks without written permission of the police chief. The trial court sustained defendant’s demurrer, concluding state law preempts prosecution under the local ordinance because the Legislature has enacted a comprehensive statutory scheme. The appellate court agreed, stating: “We […]
CHiP Wins Against CalPERS.
Until it was determined he was not able to perform the tasks required of an officer, plaintiff was a police officer with the California Highway Patrol [CHP]. The officer was treated for wrist and arm pain and a back condition. In 2004, he applied for the position of public affairs officer [PAO], which meant he was […]
Government Informant…The Man Of The Hour.
The informant formerly belonged to a group who perpetrated home invasions. The group dressed in law enforcement uniforms and used a stolen law enforcement battering ram to break down locked front doors. He informed on his associates and received a lighter sentence. Less than a month after his release, the informant was caught stealing, and offered […]
No Trail To Follow Filing A Late Claim.
In a wrongful death action, decedent was killed during an August 3, 2010, traffic accident caused by a drunk/drugged driver. About an hour and a half prior to the accident, a California Highway Patrol officer stopped the driver, but saw no indication of intoxication, although the driver was not licensed, the car was uninsured and had […]
Due Process Lacking In Gang Injunctions.
Since 1987, California prosecutors have brought public nuisance actions to curtail the activities of street gangs. Typically the injunctions enjoin gang members from engaging in a broad swath of activities, both legal and illegal, individually and with others, in certain areas. The district court decided that due process requires that the individuals be afforded an adequate […]
California Highway Patrol Not A Special Employer Of Freeway Tow Truck Driver.
A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore not […]
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