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Highlights of This Issue
Special Bulletin:
- ADA Amendments Effective January 1, 2009 Expand Grounds for Employee Claims
United States Supreme Court Action
- Selected Pending Supreme Court Cases and Status Reports on Pending Cases; Web Site Information
Federal and State Decisions
- Arrest, Search and Seizure Issues: what constitutes seizure; automobile passenger; community-caretaking doctrine; search warrant; confidential informant; corroboration; nexus of drugs to home; search incident to arrest; timing; inventory search; itemization; stop and frisk; reasonable suspicion; anonymous calls; officer safety; exigent circumstances for house entry; child neglect; mentally disabled persons; consent; handcuffed suspect; co-occupant of apartment; automobiles
- Interrogation Issues: Invocation of rights; initiation of conversation; waiver; prolonged interrogation; nodding of head; Sixth Amendment right to counsel
- Crimes; Evidence; Trial Issues: resisting arrest; fruit of the poisonous tree; tampering with evidence; police failure to preserve videotape of traffic stop; chain of custody—drugs; witness reference to lie detector test; motorcycle gangs; police witnesses; comment on defendant’s silence; expert testimony on street gangs and drug modus operandi
- Civil Liability/Personnel Law Issues: liability for false arrest; jurisdiction; “integral participation”; supervisors; protesters; abandoned buildings; good faith defense; liability for deadly force; mentally disturbed persons; liability for excessive force; handcuffs; shoving arrestee into car; suicidal subjects; sheriff liability for detainee suicides; unwritten policies; “on-the-job” training; liability for racial profiling; liability for reverse discrimination; Title VII; exclusivity of remedy
Contents
United States Supreme Court
Arrest, Search and Seizure
Interrogation
Crimes; Evidence; Trial Issues
Civil Liability / Personnel Law
Special Bulletin
Special Bulletin: ADA Amendments Effective January 1, 2009 Expand Grounds for Employee Claims.
In the last several years some United States Supreme Court decisions have limited the application of the Americans With Disabilities Act (ADA) for employee claims. An amendment to the Act took effect January 1, reversing in part these cutbacks by the Court.
Effective January 1, 2009 employees “. . . are deemed disabled on the basis of their underlying medical condition, not the therapy they’ve pursued. (An exception is made for people with poor eyesight rectified by eyeglasses.)
“If someone has an episodic illness—for instance, relapsing and remitting multiple sclerosis—the impact on that person’s functioning when the condition is most acute will be used to determine disability.
“The ADA still requires an individual to establish that he has a mental or physical impairment that substantially affects a major life activity. But the list of activities that qualify has been expanded significantly to include such tasks as concentrating, thinking, communicating, working, bending, lifting, standing, reading, performing manual tasks and caring for oneself.” (Graham, Triage Blog, January 5, 2009, chicagotribune.com/triage
As a result of these amendments the number of employee disability claims under the ADA is expected to increase in 2009. Law enforcement administrators should review the new amendments and their department policies with their legal advisor.
Renewal Form; Internet Services
highlights
- ADA Amendments Effective January 1, 2009 Expand Grounds for Employee Claims
United States Supreme Court Action
- Selected Pending Supreme Court Cases and Status Reports on Pending Cases; Web Site Information
Federal and State Decisions
- Arrest, Search and Seizure Issues: what constitutes seizure; automobile passenger; community-caretaking doctrine; search warrant; confidential informant; corroboration; nexus of drugs to home; search incident to arrest; timing; inventory search; itemization; stop and frisk; reasonable suspicion; anonymous calls; officer safety; exigent circumstances for house entry; child neglect; mentally disabled persons; consent; handcuffed suspect; co-occupant of apartment; automobiles
- Interrogation Issues: Invocation of rights; initiation of conversation; waiver; prolonged interrogation; nodding of head; Sixth Amendment right to counsel
- Crimes; Evidence; Trial Issues: resisting arrest; fruit of the poisonous tree; tampering with evidence; police failure to preserve videotape of traffic stop; chain of custody—drugs; witness reference to lie detector test; motorcycle gangs; police witnesses; comment on defendant’s silence; expert testimony on street gangs and drug modus operandi
- Civil Liability/Personnel Law Issues: liability for false arrest; jurisdiction; “integral participation”; supervisors; protesters; abandoned buildings; good faith defense; liability for deadly force; mentally disturbed persons; liability for excessive force; handcuffs; shoving arrestee into car; suicidal subjects; sheriff liability for detainee suicides; unwritten policies; “on-the-job” training; liability for racial profiling; liability for reverse discrimination; Title VII; exclusivity of remedy
Contents
United States Supreme CourtArrest, Search and Seizure
Interrogation
Crimes; Evidence; Trial Issues
Civil Liability / Personnel Law
Special Bulletin
-
Special Bulletin: ADA Amendments Effective January 1, 2009 Expand Grounds for Employee Claims.
-
In the last several years some United States Supreme Court decisions have limited the application of the Americans With Disabilities Act (ADA) for employee claims. An amendment to the Act took effect January 1, reversing in part these cutbacks by the Court.
Effective January 1, 2009 employees “. . . are deemed disabled on the basis of their underlying medical condition, not the therapy they’ve pursued. (An exception is made for people with poor eyesight rectified by eyeglasses.)
“If someone has an episodic illness—for instance, relapsing and remitting multiple sclerosis—the impact on that person’s functioning when the condition is most acute will be used to determine disability.
“The ADA still requires an individual to establish that he has a mental or physical impairment that substantially affects a major life activity. But the list of activities that qualify has been expanded significantly to include such tasks as concentrating, thinking, communicating, working, bending, lifting, standing, reading, performing manual tasks and caring for oneself.” (Graham, Triage Blog, January 5, 2009, chicagotribune.com/triage
As a result of these amendments the number of employee disability claims under the ADA is expected to increase in 2009. Law enforcement administrators should review the new amendments and their department policies with their legal advisor.
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