The D.C. Circuit recently held public employees’ browsing history is not an “agency record” subject to the Freedom of Information Act (“FOIA”). (Cause of Action Institute v. Office of Management and Budget (D.C. Cir. Aug. 20, 2021, No. 20-5006) ___ F.4th ____ [2021 WL 3699794] (Cause of Action Institute).) Cause of Action
Conor W. Harkins
Conor is a litigation associate with Colantuono Highsmith & Whatley. He supports code enforcement, public finance, and public safety matters for Colantuono Highsmith & Whatley’s general and special counsel clients.
ACLU continues push for “necessary force” standard
The American Civil Liberties Union has sued the City of Pomona for improperly training its police officers on the new legal standard for justifiable use of deadly force enacted by 2019’s Assembly Bill 392. AB 392, which was sponsored by the ACLU, changed the standard for use of deadly force in California, now codified…
Are parking fines a constitutional issue?
In Pimentel v. City of Los Angeles, the Ninth Circuit found the Eighth Amendment’s Excessive Fines Clause applies to Los Angeles’ parking fines. Following Timbs v. Indiana, a recent SCOTUS decision that applied the excessive fine clause against the states, Pimentel extends the Eighth Amendment’s prohibition on excessive fines to routine municipal fines.…