AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Interagency Conflicts
A New York Police District was immune from
town permit requirements when it replaced its radio antenna with a higher
version. Port Washington Police Dist. v. Town of N. Hempstead, #013319/09,
2009 N.Y. Misc. Lexis 2128, 2009 NY Slip Op 51758, Sup. Ct. Nassau
Co. (2009).
Police officers who worked for a Nebraska city
of under 10,000 population that was annexed by Omaha did not become City
of Omaha employees and had no rights to continued employment. The operative
bargaining agreement of the terminated officers was the one with their
former employer, not Omaha. Barnes v. City of Omaha, #07-3942,2009 U.S.
App. Lexis 16922 (8th Cir.).
First Circuit holds
that the FBI has a qualified privilege to protect sensitive law enforcement
techniques and procedures from disclosure to another jurisdiction. Comm.
of Puerto Rico v. U.S., #06-2449, 2007 U.S. App. Lexis 14030 (1st Cir.).
Federal appeals court concludes that local
law enforcement cannot prohibit tribal police cars from using flashing
lights and sirens on state and county roadways, when responding to emergency
calls on noncontiguous reservation lands. Cabazon Band of Mission Indians
v. Smith, #02-56943, 388 F.3d 691, 2004 U.S. App. Lexis 22772 (9th Cir.
2004). [2005 FP Apr.]
President issues an Executive Order
clarifying and minimizing the preemption of state laws. Executive Order
No. 13132. [2000 FP 10-11]
Citing supremacy provisions, federal appeals
court allows FBI to hire unlicensed private investigators as background
investigators, who do not comply with state regulatory requirements. U.S.
v. Virginia, #CA-97-39A, #97-2045, 139 F.3d 984, 1998 U.S. App. Lexis 5752,
1998 WL 128488 (4th Cir.). [1998 FP 72-3].
Federal appeals court rejects a suit against
the prosecutor, brought by a state police officer, after the D.A. refused
to prosecute any of his narcotics arrests. Roe v. San Francisco, 1997 U.S.App.
Lexis 5422, 109 F.3d 578 (9th Cir.). [1997 FP 89]