Publications
Publications
February 2015 Prison Break - Correctional Liability Update
Body Cameras for Custody Officers?
No Valentine's Day Wedding for Charles Manson and His Fiancee
Settling Up the Cost of Incarceration
Record Year for Wrongful Death Civil Rights Settlements
Revised Department of Finance Budget Trailer Bill Addresses Redevelopment Dissolution
Public Law Alert
Department of Finance Publishes Budget Trailer Bill Language Addressing Redevelopment Dissolution
Public Law Alert
The California Department of Finance (“Department”) has published proposed budget trailer bill language addressing the redevelopment agency dissolution process. In a recent webinar, the Department characterized the forthcoming legislation as an attempt to simplify the dissolution process and clarify existing law. However, although some of the proposed provisions would streamline successor agency operations and facilitate their wind-down, there are a number of terms that would negatively affect successor agencies, their sponsoring jurisdictions, and the availability of financing for affordable housing and oversight board-approved economic development and public improvement projects. The proposed legislation undermines many of the incentives that AB 1484 provided for compliance with the Due Diligence Review process. Furthermore, if enacted, the proposed legislation would effectively abrogate several recent court rulings that are favorable to cities and successor agencies.
January 2015 Prison Break - Correctional Liability Update
When Inmate Speech Spawns a Bill: Mumia Abu-Jabal's Commencement Speech
Liar Liar: A Look at California's New Requirement for Polygraph Tests for Sex-Offenders
How NOT to Handle Heroin Withdrawal: A Lesson Learned by a New Hampshire Jail
Responding to a Third-Party Deposition Subpoena: How One Simple Step Can Protect an Officer's Privacy Rights and Minimize the Risk of Liability to an Agency
December 2014 Prison Break - Correctional Liability Update
Legal Alert on Taking DNA from Arrestees: People v. Buza
Connecticut Lawsuit Brings National Attention to the Misuse of RLUIPA
Getting into the Holiday Spirit
Menefield v. Foreman: Appeals Coordinators Can Exercise Discretion When Screening Duplicate Inmate Appeals
Ongoing Litigation Series: The Person Most Knowledgeable Deposition
Public Law Update
Significant Changes to the FEHA: Are You Prepared for 2015?
CALPELRA Alert
November 2014 Prison Break - Correctional Liability Update
Is Ebola the New Way for Prisoners to "Cry Wolf?"
No "Take Backs:" How to Prevent Plaintiffs from Reneging on Settlement Agreements
Medina v. Garcia: Detainee Can Sue ICE Agents for Lodging Immigration Detainer Which Caused Detainee to Spend Two Years in Pretrial Confinement
Ongoing Litigation Series: The Person Most Knowledgeable Deposition
Former Permanent Teacher Was Properly Rehired as a Substitute Teacher Following a Break in Service
Education Law Alert
Healthy Workplaces, Healthy Families Act of 2014: What Does It Mean for Our Agency?
The Authority, CJPIA
October 2014 Prison Break - Correctional Liability Update
"Safe Neighborhoods and Schools Act" a Misnomer: Analysis of Proposition 47
What's Lurking Beneath that Stubble? The Supreme Court Hears Oral Arguments in a RLUIPA Grooming Case
Can the Flying Spaghetti Monster Reshape RLUIPA?
What to Expect from a Civil Deposition
Education Law Alert
Essential Risk Shifting Provisions in Construction Documents
Best of the Best USA Expert Guides, Construction
New Law Limits Suspensions or Expulsions of Students from School for Disruption or Willful Defiance
Education Law Alert
New Law Requires Annual Mandated Reporter Training for School District Personnel
Education Law Alert
Education Law Alert
September 2014 Prison Break - Correctional Liability Update
Handling Site Inspection Demands
Colwell v. Nevada Dep't of Corrections: Deliberate Indifference to Deny Eye Surgery to Restore Inmate's Vision
A Prisoner's Dilemma: Pleading the Fifth
Brown v. County of Los Angeles: Inmate Who Pled Guilty as a Minor Cannot Challenge Validity of Plea Based on Civil Contract Law
U.S. v. Gadson and the Value of Inmate Telephone Calls
Federal Court Upholds Right of Public School to Prohibit Students from Wearing American Flags
Education Law Alert
Education Law Alert
Employment Law Update
August 2014 Prison Break - Correctional Liability Update
A Call for More Frequent Prosecution of Prison Crimes
Alternative Custody Program: No Men Allowed
For Attorney's Eyes Only
Van der Hule v. Holder: Federal Law Restricts Rights of Convicted Felon Whose Civil Rights Were Restored from Possessing a Firearm
Public Law Update
Education Law Alert
Inclusionary Zoning for Affordable Housing Under Attack
The Public Law Journal, Vol. 37, No. 3, Summer 2014
Education Law Alert
Public Law Update
On July 18, 2014, the Governor signed into law Assembly Bill 1963 (Atkins) (Chapter 146, Statutes of 2014). The bill was adopted as an urgency measure, and goes into immediate effect.
July 2014 Prison Break - Correctional Liability Update
Hot Topic: Treatment of Transgender Prisoners
Ninth Circuit Revives Lawsuit Challenging Single-Sex Policies in Jails
The Ninth Circuit (Finally) Holds That State Officials Cannot Be Sued For Monetary Damages Under RLUIPA
Brown v. Oregon Department of Corrections: Segregated Confinement Without "Periodic and Meaningful Review" Violates Due Process Rights
A Potential Tool For Dodging Inmate SLAPPS
Compliance with AB 218: California JPIA Model Form for Criminal Inquiries
The Authority, CJPIA
Education Law Alert
June 2014 Prison Break - Correctional Liability Update
Newspaper Forces Disclosure of Peace Officers' Names
Prisoner Class Action Case Update
George v. Edholm: Ninth Circuit Probes into Officer Liability for Medical Rectal Exams
Q & A: Harassment Prevention Training and Special Districts
CSDA e-News
CSDA recently spoke with Burke partners Traci I. Park and Kelly A. Trainer about AB 1825 Harassment Prevention Training and special districts. This article provides answers to some of your most pressing questions.
How Outdated is Your Harassment Prevention Policy
The Authority, CJPIA
May 2014 Prison Break - Correctional Liability Update
Wildfire Fallout: Evacuating Prisoners During a Natural Disaster
I Want My [M]TV: Court of Appeals Holds Writs are Improper to Recover Contraband
California's Frivolous Lawsuit of the Month
Peralta v. Dillard: The Ninth Circuit Confirms a New Defense for Claims of Deliberate Indifference to a Prisoner's Medical Needs
Contra Costa Times
April 2014 Prison Break - Correctional Liability Update
Provoking the Use of Force
Trends in Exhaustion of Administrative Remedies - The Ninth Circuit Scraps teh Unenumerated 12(b) Motion to Dismiss
Food for Thought: Dealing with Food Allergies in the Correctional Setting
Davis v. Walker - Indefinite Stay Denied Pending Inmate's Return to Competency
April 2014 Real Estate and Business Law Update
Commercial Property Buyer Cannot Hold Escrow Company Fully Liable After Short Delay in Closing Was Stretched Out For Over a Year by Bankruptcy, Preventing Buyer From Doing 1031 Exchange
Waste Disposal Service's Easement for Storage of Garbage Bins Limited to Its Historic Use
Director of Software Company May Sue Outside Directors of Public Company for Overstating Revenue and Inflating Stock Prices During Merger
Personal Injury Plaintiff Cannot Rely on California's Survival Statute to Sue Dissolved Delaware Corporation That Had Conducted Business in California
Common Public Employer Misconceptions
The Authority, CJPIA
Education Law Alert
E-Records Sent From Private Devices and Accounts Are Not Public Records Under CPRA
Public Law Alert
March 2014 Prison Break - Correctional Liability Update
The Dangerous Dilution of Inmates' Required Alarm Response
Recent RLUIPA Developments
New Hepatitis C Treatments: A Costly Pill to Swallow
Thornton v. Brown - Parolee May Challenge GPS Monitoring Requirement and Residency Restriction as Parole Conditions
Public Law Update