Monterey Edition League of California Cities Eugene P. Gordon 2015 City Attorneys Office of the City Attorney Spring Conference San Diego, California

Transcription

1 Monterey Edition League of California Cities 2015 City Attorneys Spring Conference Eugene P. Gordon Office of the City Attorney San Diego, California

2 1. Application of doctrine of comparative fault to first responders 2. Stop of a vehicle based on mistaken understanding of state law 3. During an investigation, must officers first go to front door of a house before proceeding to other entrances? 4. Immunity, if any, of SWAT officers and public entities for discretionary decisions 5. Investigatory Terry v. Ohio stops vs. arrests 6. May a plaintiff s counsel be liable for defense costs in frivolous actions brought against public entities? 7. Evaluation of police shooting cases under section Elements of California s Bane Act 9. Scope of doctrine of absolute witness immunity under section Application, if any, of ADA to arrests

3 233 Cal. App. 4th 606 (2015) May first responders to the scene of an accident (such as police officers, paramedics and EMTs) reduce their liability for negligence by asserting that it was the accident victim s own fault for requiring aid in the first place?

4 Heien v. North Carolina 135 S. Ct. 530 (2014) Can a traffic stop based on a police officer s mistaken but reasonable belief that State law was violated ever support the reasonable suspicion necessary to stop a vehicle under the Fourth Amendment?

5 Carroll v. Carman 135 S. Ct. 348 (2014) A. Is the Fourth Amendment violated when police officers enter private property to conduct a knock and talk with the occupants at an entrance open to visitors but without having gone to the front door first? Officer Brian Roberts

6 Carroll v. Carman 135 S. Ct. 348 (2014) B. Were officers entitled to qualified immunity when they conducted a knock and talk at an entrance to a house that was open to visitors rather than going to the front door?

7 Conway v. County of Tuolumne 231 Cal. App. 4th 1005 (2014) Did a SWAT team s actions in an attempt to make an arrest constitute discretionary decisions that would immunize the County from liability under State law?

8 United States v. Edwards 761 F.3d 977 (9th Cir. 2014) Does the pointing of a weapon at a suspect, handcuffing him, ordering him to lie on the ground, or placing him in a police car automatically convert a valid investigatory stop into an arrest?

9 Suarez v. City of Corona 765 F.3d 1076 (9th Cir. 2014) Does a determination by the Court that an action brought against a city was frivolous authorize an award of defense costs against plaintiff and plaintiff s counsel under Code of Civil Procedure 1038?

10 Cruz v. City of Anaheim 765 F.3d 1076 (9th Cir. 2014) Were police officers entitled to summary judgment when they shot and killed a suspect where, according to the court, it was unclear whether the suspect reached for the waistband of his pants?

11 Allen v. City of Sacramento 234 Cal. App. 4th 41 (2015) Does a wrongful arrest or detention, without more, satisfy the elements of the Bane Act (Civil Code 52.1) that an interference with Constitutional rights be by threat, intimidation or coercion?

12 Lisker v. City of Los Angeles No , U.S. Court of Appeals, Ninth Cir. (March 20, 2015) Does the doctrine of absolute witness immunity which shields police officers from liability for their testimony extend to their pre-trial actions?

13 Sheehan v. City and County of San Francisco 743 F.3d 1211 (9th Cir. 2014)

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