NewsOn Thursday, June 2, 2016, the Ninth Circuit issued a long-awaited decision in a case called Flores v. City of San Gabriel, which involved a group of police officers who sued their City employer for three years of unpaid overtime and liquidated damages under the Fair Labor Standards Act.  The primary issue on appeal

Police-Car.jpgLaw enforcement agencies’ policies, in accordance with U.S. Supreme Court precedent, uniformly require that force used by officers be objectively reasonable under the circumstances.  When considering disciplining an officer for violating a use of force policy, it is therefore critical to understand what the courts consider unreasonable.  This is a nuanced and fact-intensive analysis.  The

LockersMany student discipline matters in public schools involve speech, be it joking threats by the student, outrageous bullying on social media, epithets or hate speech, or clothing containing messages or symbols that violate school rules.  Because they involve speech, these discipline cases can raise substantial First Amendment concerns.

Some view student speech as less valuable

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On Wednesday, August 21, 2013, the U.S. Court of Appeals for the Ninth Circuit held in Dahlia v. Rodriguez that a Burbank police detective could assert a First Amendment retaliation claim based on his allegedly having complained to authorities about abusive interrogation tactics at his department.  The case is significant because it expressly overturns a

Determining what constitutes an “adverse employment action” is critical when an employee sues for retaliation and/or discrimination.  In order to be able to sustain a claim for either retaliation or discrimination, an employee must sufficiently prove that he/she suffered an adverse employment action.  This issue was recently addressed by the U.S. Ninth Circuit Court of

Police Cars.jpgUpdate: On December 11, 2012, the U.S. Court of Appeals for the Ninth Circuit decided to re-hear Dahlia v. Rodriguez en banc. Accordingly, public agencies can no longer rely on the three-Judge panel opinion discussed below. A panel of eleven Judges will re-hear the appeal. The opinion of that en banc panel of the

This guest post was authored by Heather R. Coffman 

child holding lunch.JPGIn a recently published decision, Anchorage School District v. M.P., (9th Cir. 2012) —F.3d — [2012 WL 2927758], the Ninth Circuit Court of Appeals sent a cool message to school districts struggling to provide special education services to children with hyper-litigious parents: Parents’ poor behavior