The Ninth Circuit recently handed down a ruling regarding police officer use of TASERS that can impact many of our members in the future. This case is referred to as Bryan v. McPherson, 2009 WL 5064477 (9th Cir. 2009). Below you will find the analysis from two of LDFs […]
Yearly Archives: 2010
Posted by Christopher W. Miller & Dawniell A. Zavala Ninth Circuit Deems Officer’s Actions Unconstitutional Any judicial evaluation of a use of force starts with Graham v. Connor, 490 U.S. 386 (1989), in which the U.S. Supreme Court stated the courts are to balance the force used by the officer […]
Posted by Andy Schlenker Each and every member of the PORAC Legal Defense Fund enjoys one principle benefit. All of us are assured that should the unfortunate circumstance arise, and we are legally “called on the carpet”, an aggressive legal defense will be mounted, maintained and pursued. The Board of […]
Posted by Harry S. Stern Justin E. Buffington Constitutional Principles Every modern law enforcement agency has policies that regulate uses of force. Sound policies reflect Constitutional underpinnings. The Federal Ninth Circuit Court of Appeals (within whose jurisdiction the entire State of California falls) has carved out its own dictates regarding […]
Posted by Steven W. Welty Veteran South Lake Tahoe Police Officer Johnny Poland is back to work after the El Dorado County Superior Court upheld a Civil Service decision reinstating him after he was fired for allegedly mishandling a weapons call at a local high school. Officer Poland was reinstated […]