On September 16, 2020, the California Supreme Court granted review of Boermeester v. Carry, a case involving the expulsion of student Matthew Boermeester from the University of Southern California (“USC”) for intimate partner violence in violation of USC policy after an investigation and a hearing. The California Supreme Court’s review of the case is
New Ruling Expands Liability for Using Excessive Force and Broadens the Basis for Disciplining Police Officers in California
In 2017, a police officer with the City of Huntington Beach (“Officer Esparza”) saw a man standing on a sidewalk who caught his attention (“Mr. Tabares”). Officer Esparza noticed Mr. Tabares wore a sweater on a warm day, walked abnormally, made flinching movements with his hands, and looked in his direction several times. A former
An Employee Has Raised a Disability for the First Time During a Skelly. What Now?
This post was authored by Kristin D. Lindgren
Intro
Employers are well aware that employee disabilities can create mine fields due to the technical nature of disability discrimination laws. Even the most well-intentioned employers can run into trouble. But, what happens when the employer has recommended discipline of an employee, and the employee informs the
Retaliation Claims- Unique Concerns And How To Be Prepared
Often times, an employee may know that discipline or a poor performance evaluation is imminent. Occasionally, such an employee will engage in a preemptive strike—“You can’t discipline me or give me a poor performance evaluation now since I have submitted a complaint.” While this may not necessarily be the norm, it is also not unheard
Discipline for Officer-Provoked Force Incidents after County of Los Angeles v. Mendez
This post was authored by Paul Knothe and Kaylee Feick
On May 30, 2017, the United States Supreme Court issued a decision in County of Los Angeles v. Mendez. LCW attorneys, J. Scott Tiedemann and Leighton Henderson, submitted an amicus curiae brief to the United States Supreme Court in the case on behalf of
For Better or Worse: Ten Years of the Firefighters Procedural Bill of Rights Act
In 2007, the Firefighters Procedural Bill of Rights Act (FBOR) was enacted after several years of unsuccessful attempts to pass similar legislation. Although the FBOR is modeled after the longstanding Public Safety Officers Procedural Bill of Rights Act (POBR) [Gov. Code, §§ 3300 et seq.], that statutory scheme, which was originally intended for peace officers,
Yes, You Can Discipline an Employee Even Though He Filed a Workers’ Compensation Claim
Employers often worry, for good reason, that they are unable to take an adverse employment action against an employee who has made a claim for workers’ compensation. But, if an employer is prepared for the inevitable 132a discrimination charge, employees on workers’ compensation are not immune from being disciplined.
Why should employers care when it
First Amendment Law in 2015 – 8 Areas to Watch
Part I
The year 2015 will likely be a stand-out year for new developments in First Amendment law. The end of this year has seen free speech at the top of the news on a near-daily basis. Protests of police department practices, sparked by events in Ferguson, Missouri and New York City, swept the country
Governor Signs Bill Which Prohibits Public Agencies From Taking Punitive Action Against a Peace Officer Solely Because the Officer’s Name is on a Brady List
This blog post was authored by Joung Yim
On October 12, 2013, Governor Brown signed Senate Bill 313 into law. Effective January 1, 2014, Government Code section 3305.5 will be added to the Public Safety Officers Procedural Bill of Rights Act (POBR). A law enforcement agency will now be prohibited from taking punitive action, or
Ninth Circuit Holds School Can Respond to Student’s Violent Off-Campus Remarks
This blog post was authored by Shardé C. Thomas
On August 29, 2013, the U.S. Court of Appeals for the Ninth Circuit held in Wynar v. Douglas County School District that a school can discipline a student in response to speech occurring off-campus if it meets the requirements set forth by the U.S. Supreme Court