Police

News & Analysis as of

News from the Vermont Statehouse An - Analysis from DRM’s Government & Public Affairs Team - March 2017 #2

The House Ways and Means Committee is considering a proposal from the Vermont Department of Taxes to reduce the amount of use tax a person can pay without providing records to prove his or her tax liability. The rate would...more

Tennessee Highway Patrol K-9 Officers May Receive Health Care Benefits

The Senate approved legislation this week allowing retirement health care benefits for Tennessee Highway Patrol K-9 officers. SB1286 / HB1353, sponsored by Sen. Rusty Crow and Rep. John Holsclaw, requires the Tennessee...more

Civil Discovery Act Applies to Public Records Act Proceedings, California Appellate Court Concludes

Public entities litigating California Public Records Act cases may now face the additional burden of responding to civil discovery requests. The Second District Court of Appeal recently issued its opinion in City of Los...more

Possession and Using of Drugs

A recent case at the Dubai Court of Cassation was overturned based on a procedural error by the public prosecutor and police. Al Rowaad Advocates and Legal Consultancy represented a client from an African country who was...more

Court of Appeal Upholds LAPD Recruits’ Failure to Accommodate Claim

Seyfarth Synopsis: The Court of Appeal held that police officer recruits who were not “qualified individuals” under FEHA for purposes of their discrimination claim could nonetheless prevail on their claim for failure to...more

When Off-the-Clock Isn’t Off-the-Clock: The Seventh Circuit Considers Employees’ Arguments that Employer Violated the Fair Labor...

Remember that collective action that the Chicago police officers filed complaining that they weren’t paid overtime for checking their BlackBerrys off duty? Well, the cops lost at trial and now the U.S. Court of Appeals for...more

US Supreme Court Holds That Qualified Immunity Bars 4th Amendment Claim in Deadly Police Force Case

The United States Supreme Court recently held that an officer’s use of deadly force by shooting an armed individual before issuing a verbal warning did not violate a clearly established Fourth Amendment right, and therefore,...more

L.A. County Sheriff’s Department Begins Use of UAS for Dangerous, Hostile and Life-Saving Operations

The Los Angeles County Sheriff’s Department’s (LASD) use of unmanned aircraft systems (UAS or drones) has been approved by the Federal Aviation Administration (FAA) for “dangerous, hostile and life-saving operations.” LASD...more

Disparate Impact Threat Can Set Policy

A recent disparate impact claim over drug testing sets the stage for participants to dictate improvements in employer policies. In Jones et al v. Boston, No. 15-2015 (1st Cir. Dec. 28, 2016), the court considered claims by...more

Are Police-Worn Body Cameras A Mandatory Subject Of Bargaining?

Whether justified or not, the recent spate of high-profile police shooting cases throughout the United States has brought national attention to the issue of whether law enforcement officers should be using body cameras while...more

Police Employers Beware — Benefits Payments Under General Municipal Law Section 207-c May Not Shield You From Tort Claims

Municipal police employers who thought that their payment of benefits to injured police officers under General Municipal Law Section 207-c shielded them from tort claims brought by those injured officers need to think...more

SC Court of Appeals Rules No Compensable Taking - Case involved in police hostage rescue

The South Carolina Supreme Court, in Carolina Conv. Stores v. City of Spartanburg, Op. No. 27663 (S.C.Sup.Ct. filed August 31, 2016) (Shearouse Adv.Sh. No. 35 at 12), tackled the issue of whether a city’s SWAT response to a...more

Virginia Supreme Court Rules Sovereign Immunity Bars Private USERRA Claims Against State Employers in State Court

The Supreme Court of Virginia, in Clark v. Virginia Department of State Police, No. 151857 (Dec. 1. 2016), recently ruled that the doctrine of sovereign immunity barred a private plaintiff’s claim under the Uniformed Services...more

Shock the Monkey: Police Officer Photo Post on Social Media Costs Him His Job

When is a “joke” so not funny that you lose your job? The Mississippi Court of Appeals gave some direction on that question, affirming the City of Meridian’s termination of a police officer for an inappropriate (arguably...more

Who Owns a Noise – Should Data Collected in a Public Space by a Private Company be Generally Accessible to the Public?

While law enforcement have access to new technology owned by third parties that assist them with protecting the public, questions arise as to who should own the data gathered by that technology. Sometimes, it is the...more

Justice Department Settles Pregnancy and Disability Discrimination Lawsuit Against City of Florence, Kentucky

WASHINGTON - The Justice Department filed a proposed consent decree with the city of Florence, Kentucky, to resolve a pregnancy and disability discrimination lawsuit brought by the department under Title VII of the Civil...more

Pennsylvania Legislature Seeks to Limit Access to Police Video Recordings

The bill establishes a more restrictive process for obtaining video than the courts have provided for under the Right to Know Law. The Pennsylvania Senate passed a bill on October 19 that would prohibit police body...more

Justice Department Seeks to Intervene in Lawsuit Alleging Race Discrimination and Retaliation by Pocomoke City, Maryland, the...

WASHINGTON - The Justice Department announced today that it has moved to intervene in Savage et al. v. Pocomoke City et al., a private lawsuit alleging race discrimination and retaliation under Title VII of the Civil Rights...more

PUT YOUR DOCS WHERE I CAN SEE THEM: Seattle Police Enjoined From Disclosing Software Secrets in Public Records Act Dispute

What happens when trade secret protections collide with laws granting public access to government records? This question took center stage in a recent case involving the Seattle Police Department (“SPD”). A federal district...more

DOJ and EEOC Release Diversity in Law Enforcement Report

Seyfarth Synopsis: A coalition report issued by DOJ and EEOC that tackles workplace diversity barriers in the ranks of law enforcement sheds light on the agencies’ views of best practices for enhancing diversity in...more

Justice Department and Equal Employment Opportunity Commission Release Advancing Diversity In Law Enforcement Report

WASHINGTON - The Justice Department and the Equal Employment Opportunity Commission (EEOC) released a comprehensive report today that examines barriers and promising practices - in recruitment, hiring and retention - for...more

Recently Introduced Legislation Could Lead to Increased Claims for Municipalities

A bill proposed in the Ohio Senate could have a significant impact on Ohio municipalities’ budgets going forward. Ohio Senate Bill 5 would create an exception to Ohio law allowing for police officers, fire fighters and other...more

Department of Education Releases New Guidance on SROs, Police in Schools

The Department of Education (DOE) and the Department of Justice (DOJ) have issued non-binding regulatory guidance regarding law-enforcement officers’ involvement in the administration of school discipline. The new guidance,...more

Connecticut State Police Lead the Way in Training Electronic Storage Device Dogs

The Connecticut State Police have taken the lead in training police dogs skilled in the art of detecting hidden data. As more and more crimes involve electronic evidence, criminal enforcement agencies throughout the country...more

Informing Illinois Newsletter - August 2016

Is Your Police Department Ready for Body Cameras? - Police use of force has been heavily scrutinized for more than a year. In May 2015, the U.S. Department of Justice announced that it was providing $20 million in grants...more

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Cybersecurity

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