Mastagni Law

Latest from Mastagni Law

Wednesday, the Sacramento Bee published a gut-wrenching special by Julie Robertson,  a Sacramento County Sheriff’s Deputy who survived a “split-second” encounter in which she was shot and her partner was killed. It is a must read to understand why AB 392 must be opposed. The entire story can be read here: …
The April 2019 edition of the PORAC Law Enforcement News published David E. Mastagni’s article explaining why A.B. 392 is a threat to safe communities and would unconstitutionally impair peace officers’ right of self-defense and defense of others.  The article titled, “Modernizing Use of Force on Our Terms” details how the ACLU’s strident desire to criminalize law enforcement derailed discussions over consensus legislation and prompted law enforcement leaders to sponsor S.B. 230 to bring California police…
Precedent-Setting Legislation Reflects Input from Attorney General, Community LeadersSacramento, CA – California law enforcement and Senator Anna Caballero (D – Salinas) yesterday announced sweeping amendments to SB 230 – the California use of force bill that will set a national precedent by requiring consistent policies and mandatory training standards for all 500 California law enforcement agencies. “California has an opportunity and an obligation to protect our families, officers and communities,” said Senator Caballero. “Collaboration is key…
March 30th, 2019 Assembly Member Honorable Jim Cooper of the 9th District introduced a resolution to the legislature to commend David P. Mastagni and the Mastagni Holstedt Law Firm for 45 years of service and devotion to protecting the rights of public safety professionals including Law Enforcement, Firefighters, and First Responders throughout the State of California. Click Here to View Full Size Document
Today, in powerful testimony before the Public Safety Committee, Kathleen Mastagni Storm urged members of the committee to vote no on AB 392. As outlined in her testimony, AB 392 would criminalize police use of force and incentivize disengagement through prosecution of officers. Below, watch the opposition tesimony of Shane LaVigne of Capitol Advocacy, Deputy Sheriff Julie Robertson, and Kathleen Mastagni Storm.…
On March 29, 2019, federal Judge Roger Benitez issued a permanent injunction invalidating a California law (Penal Code Section 32310) mandating the confiscation of high capacity magazines, i.e. magazines holding more than 10 rounds.  The broader ramifications of Judge Benitez’ ruling spotlight the unconstitutionality of A.B. 392 in severely restricting peace officer self-defense rights, as well as violating equal protection by subjecting officers to second class constitutional rights.Following U.S. Supreme Court precedent, the Ninth Circuit…
   In addition to co-sponsoring A.B. 392, Assembly Member Kevin McCarty recently introduced A.B. 855 to require the Attorney General to promulgate a model use of force policy for law enforcement agencies by 2021 and provide an individualized review of any agency’s use of force policy upon request after 2021. Specifically, his sparse bill would require the Attorney General to convene a task force within the Civil Rights Enforcement Section of the Department of Justice to study officer-involved…
Today, the Christian Science Monitor published an in depth article discussing the two competing “Use of Force” bills currently before the California State Legislature. The article, entitled “In California two proposed laws with one aim: saving civilian lives” relies heavily on David E. Mastagni’s analysis. As David explains in detail, “if you change the standard for use of force, you’re only going to put [officers]  at higher risk of injury and death.” You can read…
On March 7th, David E. Mastagni and Todd Henry of the California Peace Officers Association were interviewed as part of KCRA New’s coverage of AB 392. As discussed in the broadcast, both David and Todd outline serious concerns  with the use of force standard proposed by the legislation.…