In Lozano v. City of Los Angeles, also known as the Pokemon case, the California Second District Appellate Court ruled that the questioning of two officers who failed to respond to a call for service and subsequent review of
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How Unduly Burdensome is Unduly Burdensome?
On November 17, 2021, the California Third District Court of Appeals held an agency cannot resist disclosure of records based on the fear of releasing confidential records. Getz v. Superior Court (County of El Dorado), 72 Cal. App.5th 673,726 (3rd
The Affects of Defamation to Police and How the Court of Appeal Sided With Officers
Miller v. Sawant, 2021 U.S. App. LEXIS 33399 (9th Cir. Nov. 10, 2021) At the end of 2021 the Court of Appeal considered a case from Seattle which concerned a 2016 officer involved shooting within city limits. It resulted with
California Supreme Court Limits the Early Release of Violent Felons Under Proposition 57
In 2019, a California Appeals Court held that Proposition 57 allowed those convicted of multiple violent and nonviolent crimes to qualify for early release after serving only the sentence for one of the nonviolent crimes. The California Supreme Court found that
PERB Finds Duty to Bargain When a Proposed Ordinance Impacts Discipline
In a recent decision by the Public Employee Relations Board (PERB), the Board concluded that the County had a duty to bargain over the impacts of the proposed ordinance when it created new grounds for discipline. (Santa Clara County
Does The "Alter Ego" Doctrine Apply To Workers’ Compensation?
In 2021 Cal. Wrk. Comp. P.D. LEXIS 302, Mastagni Holstedt, A.P.C. with Associate Attorney, Jonathan D. Char argued that the Workers’ Compensation Appeals Board frustrated the applicant’s recovery by issuing an award only against a corporation (dissolved) and not against
Supreme Court Blocks COVID-19 Vaccine Rule For US Businesses, Allows Rule For Healthcare Workers
On Thursday, January 13, the Supreme Court halted the enforcement of COVID-19 vaccine and testing rules, one of President Biden’s main efforts to combat the virus. The court concluded that the administration overstepped its authority by seeking to impose the
CA State Bar Once Again Delays Proposed Rule That Would Prohibit Police Unions Donating to DA Candidates
On Friday, January 7, the California State Bar’s Committee on Professional Responsibility and Conduct (COPRAC), met again to review a proposal created by four California District Attorney’s which prohibits an elected prosecutor, or a candidate seeking election, from soliciting or receiving political
AB 48 – Kinetic Energy Projectiles and Chemical Agent Restrictions
It has long been recognized and understood that peace officers are authorized to use reasonable force to effect a lawful arrest, to prevent escape, or to overcome resistance, and that officers have a duty to act reasonably under the totality
WATCH David E. Mastagni Testify Before the Assembly Select Committee on Police Reform: Understanding Peace Officer Bill of Rights
On December 16th, David E. Mastagni testified in support of public safety labor rights before the California Assembly Select Committee on Police Reform, Next Steps: Understanding Peace Officer Bill of Rights. In defending the Public Safety Officers’ Procedural Bill