AELE September 2010 case notes and publications alert

 

1. The number of agencies that have agreed to co-host two different one-day AELE seminars is now five.

 

Use of Force for Street Officers - and - Review of Force for Supervisors, Management and I-A Investigators.

 

The mini-seminars cost only $139 per officer, per day. The co-host agencies are in California, Connecticut, Delaware, Illinois and Wisconsin. View the schedules at http://www.aele.org/miniseminars/

 

2. The September 2010 issue of the AELE Monthly Law Journal is online, with four new articles.

 

Persons interested in contributing an article should contact AELE. Lawyers: Some states will credit law articles as MCLE hours, and the hours also may be counted as pro bono activity. (AELE is a Sec. 501C3 tax-exempt educational organization)

 

* Shooting at Moving Vehicles

 

Several high profile cases in which vehicle occupants were killed or suffered serious injuries have resulted in large civil liability awards or settlements. The article focuses on agency policies.

 

View at http://www.aele.org/law/2010-09MLJ101.html

 

* Minimum Staffing: Firefighters & EMS

 

The article includes illustrative cases from eleven different states

 

View at http://www.aele.org/law/2010-09MLJ201.html

 

* Private Prisons and Their Employees: Civil Liability and Defenses

 

This is the concluding article in a two-part series.

 

View at http://www.aele.org/law/2010-09MLJ301.html

 

* The City of Ontario v. Quon Supreme Court Decision

 

A guest article by Michael P. Stone and Melanie C. Smith discusses the legality of management’s inspection of an officer’s personal messages on a department-issued electronic device.

 

View at http://www.aele.org/law/2010-09MLJ501.html

 

3. The Sept. 2010 issues of AELE’s three periodicals have been uploaded.

 

The current issues, back issues since 2000, three 35-year case digests, and a search engine are FREE. Everyone is welcome to read, print or download AELE publications without charge. The main menu is at: http://www.aele.org/law

 

Among the 75 new cases, summarized under more than 50 different topics, are several that warrant mention here:

 

*** Law Enforcement Liability Reporter ***

 

* Arrest Warrants

 

In a case involving a prosecution for a number of sexual offenses, the California Supreme Court approved the use of a “John Doe, unknown male” arrest warrant, describing the wanted person by his unique 13-loci deoxyribonucleic acid (DNA) profile. The warrant was issued in this manner, as the statute of limitations for attempting to prosecute the offenses would have otherwise been exceeded.. Peo. v. Robinson, #S158528, 47 Cal. 4th 1104, 224 P.3d 55 (Cal. 2010).

 

View at http://www.denverda.org/DNA_Documents/Robinson%20SCt.pdf

 

*** Fire, Police & Corrections Personnel Reporter ***

 

* Drug Abuse and Rehabilitation

 

Oregon Supreme Court holds that employees who smoke marijuana to relieve pain or nausea can be fired for drug use even if they have a state-issued medical marijuana card. Laws requiring employers to accommodate disabled workers do not extend to medical marijuana use. Emerald Steel v. Bur. of Labor & Indus., #S056265, 2010 Ore. Lexis 272, 348 Ore. 159, 230 P.3d 518.

 

View at http://www.publications.ojd.state.or.us/S056265.htm

 

* Privacy Rights

 

Hospital security personnel did not violate the Fourth Amendment by searching employee lockers for missing implements. The locker inspections were not unreasonable and there was a low expectation of privacy. Narotzky LLC v. Natrona County Memorial Hospital, #09-8053, 2010 U.S. App. Lexis 12900 (10th Cir.).

 

View at http://caselaw.findlaw.com/us-10th-circuit/1528659.html

 

*** Jail and Prisoner Law Bulletin ***

 

* Pepper Spray

 

A correctional officer used no more force than necessary against an inmate who kicked his cell door, yelled profanity, refused orders to stop, and threw some object from his bed at the officer. The use of a short burst of pepper spray against the prisoner was not excessive under the circumstances. Easley v. Dept. of Rehabilitation and Correction, #2009-05277, 2010-Ohio-2658, 2010 Ohio Misc. Lexis 110 (Ohio Ct. of Claims).

 

View at http://www.supremecourtofohio.gov/rod/docs/pdf/13/2010/2010-ohio-2658.pdf

 

4. AELE has a free search tool covering our database of 29,000 case summaries, since 1975.

 

http://www.aele.org/htdig/common/search.html

 

We also have three menus of the 29,000 case summaries, divided into more than 700 topics.

 

1. Law enforcement civil liability at http://www.aele.org/law/Digests/civilmenu.html

 

2. Employment law and discipline at http://www.aele.org/law/Digests/emplmenu.html

 

3. Jail and prisoner legal issues at http://www.aele.org/law/Digests/jailmenu.html

 

View or print our guide: How to Navigate AELE’s Online Law Libraries at http://www.aele.org/navigate.pdf

 

AELE uses Databack Systems LLC, a professional mail service, to maintain our e-mail lists. AELE and Databack will not rent or disclose your e-mail address to commercial vendors. E-mails from AELE will be sent by alert@aele.org in plain text, and will not have attached files or contain advertising. Sign up for our monthly e-mail alerts at http://www.aele.org/e-signup.html   Encourage your colleagues to do so.

 

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Information on AELE’s Seminars: http://www.aele.org/Seminars.html

 

Certified Litigation Specialist program: http://www.aele.org/cls-faq.html