Qualified Immunity Applied to Employment
10/3/18
By: Owen Rooney
In Kramer v. Cullinan 878 F.3d 1156 (9th Cir., 2018) the Ninth Circuit reversed the denial of a Motion for Summary Judgment, holding that that the employer’s public statement was not “stigmatizing” and defendant was entitled to …
Are We Witnessing the End of Qualified Immunity?
9/19/18
By: Sun Choy
For many decades, qualified immunity has served as a powerful defense to end civil cases against public officials, including law enforcement officers for the alleged use of excessive force. Given the many high-profile deaths involving the use …
California Attacks Arbitration Agreements …. Yet Again!
8/24/18
By: Dave Daniels
On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and confidentiality …
New Potential SCOTUS Justice: Friend or Foe of Qualified Immunity?
7/10/18
By: Sara Brochstein
President Trump announced his decision to nominate Judge Brett Kavanaugh to fill the Supreme Court vacancy created by Justice Anthony Kennedy’s retirement. Should he be confirmed, Judge Kavanaugh could have significant impact on the preservation of qualified …
To Shoot or Not to Shoot – The Ninth Circuit Says That Is The Question (for the jury)
7/6/18
By: Owen Rooney
On June 25, 2018 the U.S. Supreme Court denied certiorari in Estate of Lopez v. Gelhaus, arising out of the shooting in Sonoma County, California of a 13 year old who was holding a toy AK-47 …
Supreme Court Ends Compulsory Union Payments for Government Employees – So What’s Next?
7/5/18
By: Brad Adler & Matt Weiss
On Wednesday June 27, the United States Supreme Court reached a landmark 5-4 decision in Janus v. American Federation of State, County, and Municipal Employees Council 31 wherein it ruled that the Constitution’s First …
$10M Wrongful Death Verdict Against City of Albany Reversed on Sovereign Immunity Grounds
6/26/18
By: Wes Jackson
In a much-anticipated opinion, the Georgia Court of Appeals reversed a $10,640,000 trial verdict against the City of Albany on sovereign immunity grounds. Freeman Mathis & Gary attorneys Sun Choy, Jake Daly, and Wes Jackson…
Antisocial Media: Court Critical of Cop Capturing Curious Citizen’s Cellphone
4/23/18
By: E. Charles Reed, Jr.
The Eleventh Circuit Court of Appeals has held that a police officer violates clearly established law by seizing a bystander’s cellphone at an accident scene in the absence of exigent circumstances.
With the rise of …
Eleventh Circuit’s Notice Requirement Read into Telecommunications Act
4/5/18
By: Dana K. Maine
In an opinion issued Monday, Athens Cellular, Inc. v. Oconee County, Georgia, et al, a panel of the Eleventh Circuit determined that a decision under Telecommunications Act (“TCA”) was “final” when the local government adopted …
Federal Jurisdictional Update
2/19/18
By: Owen T. Rooney
Title 28 of the United States Code Section 1367(d) allows for federal supplemental jurisdiction over state law claims. This statute, as now construed by the US Supreme Court in Artis v. District of Columbia, holds …
Study Finds No Significant Impact of Body Cameras on Police Conduct or Citizen Complaints
11/13/17
By: Wesley C. Jackson
In response to recent high-profile officer-involved shootings, many commentators are touting police body cameras as a way to keep police accountable. The hypothesis is that when police and citizens know they are being watched, they are …
GPS Tracking Devices – The Answer to Stopping High-Speed Pursuits?
11/1/17
By: Sun Choy
In the era of drones and artificial intelligence, it was only a matter of time before technology caught up to stopping high-speed pursuits. In a suburb of metropolitan Atlanta, a police department successfully deployed a GPS tracking …