Friday, May 24, 2019

AB 392 Amended to Remove Unconstitutional Definition of Necessary

On May 23, 2019, Dr. Weber amended A.B. 392 to remove the provisions greatest concern to law enforcement.  For the last year, we’ve been working on behalf of PORAC with legislators, the ACLU, experts and stakeholders from around the state to develop comprehensive legislation to minimize the use of force in California.  As a result, informed and thoughtful amendments were made to both SB 230 and AB 392 to resolve conflicts and create a unified solution that all Californians can champion proudly. Together, AB 392 and SB 230 create a legislative package that will do more than any other state legislation to achieve better outcomes and minimize the use of force in our communities.

Law enforcement appreciates Dr. Weber and the ACLU's agreement to remove the definition of “necessary” that required officers to exhaust all reasonable alternatives before using deadly force and eroded an officer’s right to self-defense. Under the Bill, force is necessary if it is objectively reasonable under the totality of the circumstance.  The amendments also restore the longstanding principle that an officer attempting to make an arrest need not retreat or desist from their efforts or lose their right of self-defense in the face of resistance so long as the force used is objectively reasonable.  The amendments also eliminate the attempted criminalization of tactical mistakes occurring prior to the encounter.  As a result of the amendments, law enforcement’s concerns regarding the original AB 392 language have been addressed.

The newly amended AB 392 will strengthen the state’s current standard for authorizing the use of force.  SB 230 provides officers with the tools and training they need to implement the updated legal standard put forth by AB 392, including de-escalation tactics, interacting with vulnerable populations and alternatives to use of force. The best public policies are not made in a vacuum; law enforcement worked with all stakeholders to develop an effective solutions that protect all Californians.  This precedent-setting legislative package will make California a national leader in protecting our communities and our officers as they uphold their commitment to serve and protect.

Thursday, May 23, 2019

WATCH NOW: KTVU Highlights Alameda County Deputy Sheriff’s Association’s Demand to Fully Inspect Possible Cause of Cancer

FOX KTVU recently covered an ongoing investigation prompted by the Alameda County Deputy Sheriff’s Association into a substation possibly causing cancer. The news story, as well as the initial inquire, began after Steve Welty of Mastagni Holstedt  sent a letter last September to Alameda County Undersheriff Richard Lucia demanding the county lay out steps to ensure the substation’s safety. Watch the entire news coverage below. .

Wednesday, May 15, 2019

LISTEN NOW: David P. Mastagni Joins Panel Discussion on SB 1421

On Monday, David P. Mastagni—partner at  Mastagni Holstedt,  joined a panel discussion sponsored by The First Amendment Coalition and CALmatters. The panel, which included State Senator Nancy Skinner, discussed the current legislative landscape surrounding SB 1421 and public access to police personnel files.

Listen to the entire discussion here:

For further coverage of SB 1421, please check out previous blog posts here.

Tuesday, May 7, 2019

Attend Cal Matters Forum where David P. Mastagni will discuss the impacts and concerns regarding S.B. 1421 with the Bill's Author Senator Skinner

David P. Mastagni will join Senator Nancy Skinner (SB 1421's author), David Synder from the First Amendment Coalition and reporter Thomas Peele at a forum to discuss the policies, the legal battles and the perspectives raised by S.B. 1421. 

David P. Mastagni is the founder and managing partner of Mastagni Holstedt, APC, where he practices primarily in the areas of civil litigation and labor law. Mastagni labor and employment attorneys located throughout California provide representation in all disciplinary matters, from the administrative investigation through any administrative appeal, including matters involving suspension, demotion, or dismissal.  His son, David E. Mastagni represented PORAC in negotiations with Senator Skinner over S.B. 1421 and filed an extraordinary writ of mandate with the California Supreme Court on behalf of Crime Victims United and the Sacramento Police Officers Association seeking clarification of third party and officer privacy rights under S.B. 1421.  Although the court declined to review the issues raised, it did request supplemental briefing on the impacts of S.B. 1421 on another matter before the Court involving Brady tips.  The Mastagni and Wilkinson firms subsequently filed an Amicus Curiae brief brief with the Court on behalf of PORAC.  The Supreme Court will likely soon determine whether S.B. 1421 has retroactive application in the still pending Brady tip appeal.

The forum hosted by Cal Matters and moderated by Laurel Rosenhall will be held:

Date And Time
Mon, May 13, 2019

12:00 PM – 1:15 PM PDT

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Capitol Event Center, Main Room
1020 11th Street
Sacramento, CA 95814