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The Alameda County Deputy Sheriffs’ Assn. and Mastagni Holstedt, APC, are Proud to Present a 10-hour, POST Accredited Webinar of Training for Peace Officers May 11th and again on May 13th, 2021, from 7:30 am to 6:45 pm David R. Demurjian will present. “Use of Force Issues for Peace Officers” A primer on the legal repercussions for any use of force by law enforcement personnel in today’s peacekeeping environment.  The instructor and students will review and discuss relevant authorities and case law used in the judicial interpretation of force cases, including in depth review and analysis of body camera footage…
The Alameda County Deputy Sheriffs’ Assn. and Mastagni Holstedt, APC, are Proud to Present a 10-hour, POST Accredited Webinar of Training for Peace Officers May 4th and again on May 6th, 2021, covering: Legislative Update: Use of Force (7:30-10:30 am)   Law Enforcement & 1983 Litigation: Preparing for the Inevitable (10:30 am-12:30 pm)    Fitness, Health & Wellness of the Tactical Athlete (1:30-3:30 pm)   Legislative Update: Liability, Licensing, Disciplinary Standards & Personnel Records (3:45-6:45 pm) This class is free to our clients and California peace officers. REGISTER NOW Registration closes April 30, 2021. Registrants MUST INCLUDE your name, email,…
The Northern California Labor and Employment Relations Association (NorCal LERA) has existed as a chapter of national LERA since 1977.  The Labor and Employment Relations Association (LERA) was founded in 1947 as a research and education organization for professionals in the fields of labor relations and human resources management.  Both the local and national organizations have, over time, modified their names to reflect changes in labor and employment. On April 30, 2021, Howard Liberman of Mastagni Holstedt, APC, will appear via Zoom, along with an esteemed panel of guests to address the subject matter of the tension between an employee’s First…
In the video update below, David Demurjian reviews legal implications of the recent Ninth Circuit decision in Tabares v. City of Huntington Beach.  The Court of Appeals questioned the application of force used by the officer when he shoots a suspect who he was attempting to detain.  Warning: there are graphic images contained in the video. CLICK BELOW TO VIEW THE VIDEO: https://mastagniholstedt.sharefile.com/d-s0f84b42440684e5898e5b77d198979fb Mr. Demurjian’s legal updates (“Where Tactical & Practical Deploy with The Law”) will be featured on the California Public Safety Labor Blog every couple of weeks.  These short video presentations (7-9 minutes) review the latest rulings…
Two recent appellate court decisions further limited the privacy rights of peace officers when it comes to public records request for information in officers’ personnel files. Senate Bill No. 1421, which went into effect on January 1, 2019, amended Penal Code section 832.7 to allow disclosure under the California Public Records Act (CPRA) of records relating to officer-involved shootings, use of force resulting in great bodily injury, and sustained findings of sexual assault or dishonesty. Due the vague language and broad implications of SB 1421, there have been a number of lawsuits challenging its application. Two recent decisions from California…
On February 17, 2021, the Ninth Circuit Court of Appeals reversed the district court’s grant of summary judgement for the City of Huntington Beach Police Department in a lawsuit involving the fatal shooting of Dillian Tabares by a Huntington Beach Police Officer. (Tabares v. City of Huntington Beach (9th Cir. 2021) 988 F.3d 1119.) Even though the suspect had launched a serious physical attack upon the officer, the Ninth Circuit ruled that the officer’s “pre-shooting decisions” may be considered unreasonable under the totality of circumstances pursuant to California’s negligence law.  The case stemmed from a violent encounter between Huntington Beach…
A recently filed federal case may provide guidance on whether or not an employee can be terminated for refusing to take a COVID-19 vaccination because it was approved only for emergency use authorization (“EUA”) by the FDA. The New Mexico court’s decision may provide guidance for future decisions.   The case, Legaretta v. Macias, No. 21-CV-179 MV/GBW, 2021 WL 833390, involves Detention Officer Isaac Legarreta. While at work, he was written-up and threatened with termination if he failed to comply with a memo mandating that employees get vaccinated. The memo in question made it clear that, “being vaccinated is a requirement…
 Recently, a California Court of Appeals upheld a PERB decision overturning a disciplinary decision to terminate a firefighter who allegedly misused his sick leave.  The case, City of South Pasadena v PERB (2020) PERB Case No. 2692-M; Court of Appeal Case No. B304596, highlights that a disciplinary decision, valid or not, will be overturned if the primary motive of the discipline is retaliation. The firefighter in question was an active Union President. Due to an existing back injury he was on a six-week sick leave beginning December 2015. However, in January 2016 the firefighter participated in the California Spartan Race,…