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JD, Loyola Law School, Los Angeles

BA, University of California, Santa Cruz

Police Officer v. City (2024) – A police officer was terminated for dishonesty and misusing CLETS to obtain confidential information for personal reasons. The police officer appealed his termination but the City Council upheld the decision.  The officer then filed a Petition for Writ of Mandate, but the superior court found the City Council acted within its discretion to terminate the officer because his lie and misuse of confidential information harmed the Department and placed its access to CLETS at risk.

Police Officer v. City (2024) – A police officer was terminated for insubordination after failing to appear for interrogation regarding alleged workers’ compensation fraud.  Senior Counsel Atkinson argued that the officer’s refusal to comply with lawful orders undermined the department’s ability to investigate misconduct and that termination was warranted. The civil service commission agreed and upheld the termination.

Police Officer v. City (2022) – The City prevailed in a sergeant’s appeal of his termination for off-duty misconduct. While the sergeant was at a bar and intoxicated, he struck a subordinate officer in the genitals and choked him. Although the sergeant had no previous record of discipline and was well-regarded in the police department, the hearing officer upheld his termination given the severity of his misconduct.

 

Battalion Chief v. Fire Department (2024) – LCW won summary judgment for an employer in a case in which a battalion chief alleged age, disability, and ethnicity discrimination under FEHA after being passed over for promotion. The California Court of Appeal affirmed the ruling, finding no evidence of discriminatory animus.

Public Safety Video Briefing: Describing the “Nature of the Investigation”- August 2023
08/29/2023
California Public Agency Labor & Employment Blog

Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.

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New Ruling Expands Liability for Using Excessive Force and Broadens the Basis for Disciplining Police Officers in California
03/04/2021
California Public Agency Labor & Employment Blog

In 2017, a police officer with the City of Huntington Beach (“Officer Esparza”) saw a man standing on a sidewalk who caught his attention (“Mr. Tabares”).  Officer Esparza noticed Mr. Tabares wore a sweater on a warm day, walked abnormally, made flinching movements with his hands, and looked in his...

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A SWAT Sniper’s First Amendment Rights Impact a Police Department’s Ability to Discipline Him For a Facebook Posting
01/26/2021
California Public Agency Labor & Employment Blog

 
In 2015, someone shot a police officer and a suspect was later arrested.  While off-duty, a SWAT sniper commented on a friend’s Facebook post which linked to an article about the shooting.  He wrote, “It’s a shame he didn’t have a few holes in him.”  An anonymous tip came in about the post,...

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Minimum Wage Applies to Charter Cities And All Counties
04/01/2019
The Daily Journal

Peter Brown and Megan Atkinson authored an article for the Daily Journal that discusses the Court of Appeal case Marquez v. City of Long Beach (244 Cal. Rptr. 3557 (2019)).The Court of Appeal held that California’s state minimum wage applies to all public employers, including charter cities and all...

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