News & Analysis as of

Police

Workers’ Compensation Ruling Given Preclusive Effect In Discrimination Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in...more

Courts Uphold Law Enforcement Officer’s Discharge For Racially Insensitive Posts

The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed...more

ICE Raids Philadelphia in Operation Safe City. Over 100 Arrested.

Federal immigration officials conducted sweeping raids in 10 cities across the United States last week in what Immigration & Customs Enforcement (ICE) dubbed “Operation Safe City.” The enforcement actions targeted cities and...more

Seventh Circuit case demonstrates value of good time reporting procedures

by McAfee & Taft on

Police officers in the Chicago Police Department claimed in a recent case that they were not compensated for work they performed on their mobile electronic devices — specifically, their BlackBerrys — while off-duty. A total...more

Operação Lava Jato – Considerações sobre Asilo Político para Brasileiros nos Estados Unidos

by Gerald Nowotny on

Panorama - Quando eu me formei na Academia Militar dos Estados Unidos em 1982, minhas aspirações acadêmicas e profissionais estavam vinculadas a meus estudos de idiomas em West Point – espanhol e português. Quando fui...more

Working in the Car Wash - Reflections on the Political Asylum Aspirations of Brazilians in the United States

by Gerald Nowotny on

When I graduated from the United States Military Academy in 1982, my future academic and career aspirations were tied to my language studies at West Point – Spanish and Portuguese. When I was an Army Officer at West Point, my...more

WEB EXCLUSIVE: Should Employees Receive Compensation For Off-The-Clock Cell Phone Use?

by Fisher Phillips on

You might hate to admit it, but it’s true: mobile devices are the adult version of a toddler’s teddy bear. They give us comfort and a sense of belonging. We carry them everywhere and traveling without them makes us feel like...more

North Carolina Law Requires Nurses to Comply with Police Demand for Blood Draw

The drawing of blood by healthcare providers for law enforcement purposes has been big news lately. In June, the North Carolina Supreme Court held in a case of first impression that North Carolina’s implied consent statute...more

Seventh Circuit Affirms Judgment Against Class in Off-Duty BlackBerry Use Case

by BakerHostetler on

There certainly has been no shortage of publicity about the potential for wage and hour claims for time spent by hourly employees using smartphones or other electronic devices for work while off duty. Many employers have...more

“Sanctuary City” Laws Become Central Topic Nationwide

A U.S. District Court in Texas has stopped implementation of a ban on so-called “sanctuary cities” in the state and the City of Philadelphia has filed an action against Attorney General Jeff Sessions, claiming he has...more

Worth Another Look: Police-Community Relations

In January of 2017, the National Conference of State Legislatures (NCSL) published a list of the top 10 issues that will be before state legislatures across the nation this year. While we’re just over a quarter of the way...more

City Of Chicago Not Liable For Police Officers’ After-Hours Smartphone Use, Seventh Circuit Affirms

by Jackson Lewis P.C. on

The City of Chicago lacked either actual or constructive knowledge that members of the Chicago Police Department were performing after-hours work on their smartphones, the Seventh Circuit Court of Appeals has ruled, affirming...more

First Amendment Protects Right to Record Police Activity, Third Circuit Holds

by Blank Rome LLP on

The Third Circuit recently joined the growing consensus of courts recognizing that the First Amendment protects the act of recording police officers conducting their official duties in public. In Fields v. City of...more

Drones to Track Adults and Children that Suffer from Alzheimer’s and Autism

While police departments and law enforcement have been using drones for some time now, a police department in southern Minnesota, the Rochester Police Department, has recently acquired a new drone for a new purpose – to find...more

30-Day Vehicle Impoundment is a Seizure Requiring Fourth Amendment Compliance - Federal Appeals Court Reinstates Class Action...

by Best Best & Krieger LLP on

A 30-day impoundment of a vehicle pursuant to California Vehicle Code section 14602.6(a)(1) triggered Fourth Amendment concerns, a federal appeals court has ruled. In deciding Brewster v. Beck last week, the U.S. Ninth...more

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

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