AELE March 2010 case notes and publications alert

AELE March 2010 case notes and publications alert

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1. Revised webpage

AELE has revised the page that contains links to law enforcement policies and procedures on the Internet. Brian Cummings of the Richmond, VA, Police Dept. collected most of these links for 40+ agencies. The page is at http://www.aele.org/Policy.html

2. The March 2010 issue of the AELE Monthly Law Journal is online, with three 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).

* Civil Liability for Coercive Interrogation

In one case, a jury awarded over $5 million based on a finding of a pattern and practice of coercive interrogations.

View at http://www.aele.org/law/2010-03MLJ101.html

* Employee Performance Deficiencies

This article concludes a three-part series, and examines substandard performance in three areas: loss of evidence or property, negligent firearms handling and vehicular negligence.

View at http://www.aele.org/law/2010-03MLJ201.html

* Retaliation Against Prisoners for Protected First Amendment Expression

Prisoner’s protected First Amendment rights include the ability to have access to the courts, to file lawsuits and prison grievances, to write letters to public officials, agencies, and the media, to practice their chosen religion, to read newspapers and books, and to exercise their right of free speech.

View at http://www.aele.org/law/2010-03MLJ301.html

3. The March 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 58 different topics, there are several that warrant mention here:

*** Law Enforcement Liability Reporter ***

* Use of Force

The use of a Taser against a husband in a domestic violence case did not violate his rights, given the close quarters in which the officers and the plaintiffs encountered each other and the intoxicated state the husband was in, which indicated that the officers faced a very real threat of immediate harm. Mattos v. Agarano, #08-15567, 2010 U.S. App. Lexis 694 (9th Cir.).

http://caselaw.lp.findlaw.com/data2/circs/9th/0815567p.pdf

* Citizen Privacy

After a motorist was decapitated in a car crash, two highway patrolmen allegedly e-mailed nine gruesome death pictures of the body to family members and friends on Halloween for their “shock value.” The pictures later were posted on the Internet. The decedent’s family sued for invasion of privacy and intentional infliction of emotional distress.

A California appeals court found that the dissemination of the photos in this manner served no legitimate law enforcement purpose or public interest. The plaintiffs also had a valid cause of action for negligent infliction of emotional distress. Catsouras v. Calif. Highway Patrol, #G039916, 2010 Cal. App. Lexis 113 (4th Dist.).

http://caselaw.findlaw.com/data2/californiastatecases/G039916.PDF

*** Fire and Police Personnel Reporter ***

* Employee Privacy

Second Circuit upholds a NYPD policy that requires that a Breathalyzer test be administered to every officer who, whether on or off duty, causes injury or death as a result of firing his or her firearm. The Breathalyzer program is a “deterrent to officers who may consider carrying their firearms while under the influence of alcohol,” and is not an “unexpected intrusion on privacy.” Lynch v. City of New York, #08-5250-cv, 589 F.3d 94 (2nd Cir. 2009).

http://caselaw.lp.findlaw.com/data2/circs/2nd/085250p.pdf

* Abilities Discrimination - Accommodation

A 6’10” former sergeant was not “disabled” under the ADA, and the Highway Patrol did not have to honor his request for an accommodation. He claimed that the installation of a protective cage and an overhead shotgun rack reduced the vehicle’s headroom and prevented him from sitting in an upright position while on patrol. Quinn v. Ohio State Hwy. Patrol, #2007-05474, 2009 Ohio 6075, 2009 Ohio Misc. Lexis 289 (Ohio Ct. Cl. 2009).

http://www.supremecourt.ohio.gov/rod/docs/pdf/13/2009/2009-ohio-6075.pdf

*** Jail and Prisoner Law Bulletin ***

* Failure to Protect

The estate of a person murdered by a prisoner days after his release failed to show that the murder was foreseeable or that the prison was negligent in monitoring inmate phone calls and mail, and failing to discover the prisoner’s involvement in a murder conspiracy. There was no evidence that the prison violated its own policies and procedures, which did not require listening to all inmate calls. The employee assigned to monitor inmate calls heard nothing that indicated the existence of a murder conspiracy. Garris v. Dept. of Rehabilitation, #2005-11124, 2009 Ohio Misc. Lexis 243 (Ct. of Claims).

http://www.sconet.state.oh.us/rod/docs/pdf/13/2009/2009-ohio-5453.pdf

* Strip Searches:

Ninth Circuit upholds a San Francisco policy requiring that all arrestees to be placed in the general population of the jail for custodial housing be subjected to a strip search. The court balanced the intrusion on personal rights with the need to combat an existing contraband problem. Bull v. San Francisco, #05-17080, 2010 U.S. App.Lexis 2684 (9th Cir.)

http://caselaw.lp.findlaw.com/data2/circs/9th/0517080ebp.pdf

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

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