First Thursday

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First Thursday, February 2021 Feb 04, 2021

Show notes

Will talks about the January 6 riot at the Capitol and the following cases:

Public Policy And At-Will Employment, Potts v. City of Devils Lake, 2021 WL 99712 (N.D. 2021)
Officer Loses Cell Phone Claim To Qualified Immunity, Lazar v. Knight, 2020 WL 7396255 (6^th Cir. 2020).
No Need To Track Down Attorney For Garrity Warning, Wilson v. State of Alaska, 2021 WL 138857 (Alaska 2021)

How To Repair Broken Windows Jan 12, 2021

Show notes

In today’s podcast, Will gives his reaction to events local (the third act of vandalism on his office) and national (the violent insurrection last week at the Capitol). What do events like these mean for us as a society in general and for police unions in particular?

This is a no-holds-barred episode, and we’d love to hear your opinion — positive, negative or in-between. You can reach us at info@lris.com.

First Thursday, January 2021 Jan 07, 2021

Show notes

What race-specific effects does the size of a police force have? Will Aitchison talks about a recent study published by the National Bureau of Economic Research that addresses this question.

Cases covered this month:

Whether Bargaining Should Be In Public Is Not Mandatory For Bargaining, Lincoln County v. Public Employment Relations Commission, 475 P.3d 252 (Wash. App. 2020).
The High Standard For PTSD Claims In Some States, Angle v. City of Huntington, 2020 WL 7315008 (W.V. 2020).
Officer Required To Sit In Dark Building Loses Retaliation Case, Fiocca v. City of Philadelphia, 2020 WL 7397794 (E.D. Penn. 2020).
When Must Federal Claims Be Arbitrated? Brooks v. City of Pekin, 2020 WL 7390328 (C.D. Ill. 2020).

First Thursday, December 2020 Dec 02, 2020

Show notes

It’s the last First Thursday podcast of 2020. Will gives a COVID-19 update and covers the following cases:

Bargaining Obligation Prevails Over Wage Recoupment Statute, Teamsters Local 839 v. Benton County, 2020 WL 6602939 (Wash. App. 2020).
Qualified Immunity Bars Dispatcher’s Second Amendment Claim, Calderone v. City of Chicago, 2020 WL 6500933 (7^th Cir. 2020).
Terminated Officer’s Lawsuit Against Union Lawyer Fails, Zander v. Carlson, 2020 IL 125691 (Ill. 2020).
Pregnancy And Light Duty Work, Legg v. Watson, 2020 WL 6325850 (2nd Cir. 2020).

First Thursday, November 2020 Nov 04, 2020

Show notes

Will discusses ballot measures from across the country on police issues.

Cases covered:

Prosecutor Allowed To Disclose Brady Information To Chief, In re Grand Jury Investigation, 485 Mass. 641 (Mass. 2020).

Prosecutor Shielded From Officers’ Suit By Qualified Immunity, Stockdale v. Helper, 2020 WL 6372910 (6^th Cir. 2020).

Reporting Corruption Not Protected By First Amendment, DeWyse v. Federspiel, 2020 WL 5993092 (6^th Cir. 2020).

Reprimand Not Sufficiently ‘Adverse’ To Support Discrimination Suit, Green v. Cashion, 2020 WL 6372366 (Mich. App. 2020).

First Thursday, October 2020 Oct 01, 2020

Show notes

Announcements:

The new edition of our book The Rights of Law Enforcement Officers is now available.
2021 Seminar Schedule
LRIS Webinars

Cases:

When Does An Employer Have To Disclose Disciplinary Files? Milwaukee Police Supervisors’ Organization v. City of Milwaukee, 2020 WL 5747114 (WI.Emp.Rel.Com. 2020).
‘Mere Technical’ Violations Of Bill Of Rights Not Basis To Reverse Termination, Hiller v. City of Rehoboth Beach, 2020 WL 5637053 (Del. Super. 2020).
Firefighter Intentionally Hit By Fire Truck Has No Federal Lawsuit, Smothers v. District of Columbia, 2020 WL 5411294 (D.D.C. 2020).
‘Failure To Train’ Claim Must Show Deliberate Indifference, Pepitone v. Township of Lower Merion, 2020 WL 4604481 (E.D. Pa. 2020).

First Thursday, September 2020 Sep 03, 2020

Show notes

An update on LRIS seminars during COVD-19

The police reform movement

Cases:

City Stuck With Police Director’s Grievance Resolution, City of Newark, 47 NJPER ¶ 15 (NJ PERC ALJ 2020).

Reinstatement Of Corporal Who Used Unnecessary Force Does Not Violate Public Policy, Cuyahoga County v. UAW, Local 70, 2020 WL 4804962 (Ohio App. 2020).

Officer’s Brady Lawsuit Against Prosecutor Survives, Krile v. Lawyer, 2020 WL 4360050 (N.D. 2020).

EMS Captain’s Facebook Post May Be Constitutionally Protected, Marquardt v. Carlton, 2020 WL 4811388 (6^th Cir. 2020).

First Thursday, August 2020 Aug 06, 2020

Show notes

Protests in Portland, Oregon

Social media screening services

From our Q&A: Is there existing case law regarding an employee’s refusal to wear a protective mask on religious grounds?

Cases:

Public Records Law Prevails Over Purging Clause In Contract, City of Chicago v. Fraternal Order of Police, 2020 IL 124831 (7^th Cir. 2020)

Contracts And Memoranda Of Understanding, City of Brook Park v. FOP, Lodge #15, 2020 WL 3501301 (Ohio App. 2020).

Patronage Allowed In Missouri Sheriff Departments, Curtis v. Christian County, Missouri, 2020 WL 3477025 (8^th Cir. 2020).

Minnesota Police Reform Bill (Corrected) Jul 21, 2020

Show notes

A previous version of this podcast included the wrong recording.

Will discusses Minnesota’s sweeping new police reform billp just passed last night.

Sections 1 & 3, Peer Counseling (00:01:20)
Section 2, Critical Incident Stress Management Data (00:05:11)
Section 4, Critical Incident Stress Management Team Members (00:05:25)
Section 5, Independent Use of Force Investigations Unit (00:07:25)
Section 6, Residency (00:07:58)
Sections 7, 8 & 9 Use of Force (00:08:20)
Section 10, Board of Police Officers Standards and Training (00:09:35)
Section 11, POST Licensure (00:09:53)
Section 12, Warrior Style Training (00:10:22)
Section 13, Ensuring Police Excellence and Improving Community Relations Advisory Council (00:12:05)
Section 14, Police Officer Data (00:13:17)
Section 15, Statewide Use of Force Standards (00:13:36)
Section 16, Record-Keeping (00:17:34)
Section 17, Licensing Sanctions (00:17:41)
Section 18, Reporting Requirements (00:17:53)
Section 19, Training in Crisis Response, Conflict Management, and Cultural Diversity (00:19:17)
Section 20, Autism Training (00:23:15)
Section 21, Duty to Intervene (00:23:38)
Section 22, Arbitration (00:24:30)
Sections 23-27, Funding (00:28:56)

Download our summary of the bill.

First Thursday, July 2020 Jul 01, 2020

Show notes

Covered in this month’s podcast:

Labor and employment issues coming out of the pandemic (00:00:43)
The police reform movement (00:03:56)
Brady Does Not Allow Employer To Fire Officer Without Providing Reasons, Borough of Gettysburg v. International Brotherhood of Teamsters, Local 776, 2020 WL 3022985 (Pa. Cmwlth. 2020) (00:15:01)
Contract’s Wage Provisions Not Constitutionally Protected, Sullivan v. Nassau County Interim Finance Authority, 959 F.3d 54 (2^nd Cir. 2020) (00:28:44)
The issue of severance (00:36:54)
- Sergeants Not Severed From Rank-And-File Union, Middlesex County Sheriff’s Office, 46 NJPER ¶ 107 (N.J. PERC Rep. Dir. 2020)
- Labor Board Refuses To Sever Detectives From Sworn Unit, St. Petersburg Police Officers’ Association, 46 FPER ¶ 291 (Fla. PERC 2020)

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