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]


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