News & Analysis as of

Police

United States Supreme Court Shuts Down Ninth Circuit’s "Provocation Rule"

In an October 2010 use of force case arising out of an incident in Los Angeles County, the Ninth Circuit attempt to expand officer liability with the “Provocation Rule” was struck down by the United States Supreme Court....more

When Law Enforcement and Community Meet

The divide between law enforcement and the African-American community is a hot topic, but what happens when the two meet? In her Daily Journal article “When law enforcement and community meet,” Partner Angela Powell discusses...more

Can “Perceived Alcoholics” Bring Workplace Claims In NYC? Stay Tuned For Answer  

by Fisher Phillips on

Can a worker bring a disability discrimination claim under New York City law based solely on a perception of untreated alcoholism? We’ll soon find out, as the U.S. Court of Appeals for the 2nd Circuit has certified the...more

Spouse Swapping Not Cool for Police Officers, Says the Fifth Circuit

Just how much can you regulate a public employee’s off-duty conduct? In an interesting and rather frank opinion, the Fifth Circuit found a sheriff’s department could regulate deputies’ private conduct pretty broadly. In...more

Workwise: Province Announces New Partnership with Police to Investigate Serious Workplace Safety Incidents

by Field Law on

The Government of Alberta has announced a new partnership with ten different police agencies across the province to define protocols for the investigation of serious workplace occupational health and safety (OHS) incidents....more

SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands

Even the Supreme Court doesn’t want to talk about the regular rate of pay. The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to...more

25 Years after the LA Riots

On April 29, 1992, a not-guilty verdict for the four Los Angeles Police Department officers who had been charged with assault and the use of unreasonable and excessive force on Rodney King, sparked the LA Riots. Today, in an...more

New Jersey Policy = Do Not Let ICE In

As a result of the increased enforcement of immigration laws, ICE agents have taken to showing up at courthouses in areas with large immigrant communities...more

What’s in a name? A battle for a transgender immigrant’s rights

While the United States continues to grapple with transgender rights—including the right to restroom access—transgender individuals across the globe often face severe persecution and torture on account of their gender...more

Tattoo U: What Can Employers Do About Offensive Body Art?

by Fisher Phillips on

A version of this article originally appeared in the March 2, 2017 edition of the Philadelphia Business Journal. - The Philadelphia Police Department is now enforcing its first-ever tattoo policy forbidding on-duty...more

Cops, Cameras & The Cloud: Axon’s Offer of Free Body Cameras to U.S. Police Departments

Earlier this month, Axon, the company formerly known as Taser, announced that it will offer a one year free trial of its body cameras and cloud storage to every police department in the United States. While controversy about...more

“Honorably Retired” for California Police Officer Defined by Court

by Best Best & Krieger LLP on

Among the many benefits bestowed on the brave men and women who honorably retire after serving behind the badge is the right to carry a concealed weapon in public. Owing to federal law, this right extends to every...more

New Proposed TN Legislation Allows Off-Duty Law Enforcement to Carry Guns in Sports and Entertainment Venues

The Senate Judiciary Committee had 28 bills pertaining to firearms up for discussion this week. One bill receiving a lot of attention, SB356 / HB455, would allow an off-duty law enforcement officer to carry a firearm to...more

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

by Downs Rachlin Martin PLLC on

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

by Best Best & Krieger LLP on

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

Court of Appeal Upholds LAPD Recruits’ Failure to Accommodate Claim

by Seyfarth Shaw LLP on

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

by Rumberger Kirk & Caldwell on

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

by Sherman & Howard L.L.C. on

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

by Bond Schoeneck & King PLLC on

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

by Nexsen Pruet, PLLC on

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

by Littler on

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

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