Every officer who has ever cleared a doorway
understands the arithmetic of a fraction of a second. The decision to use force
is made in the moment, on the information then available, against a threat that
does not pause to let anyone deliberate. California law honors that reality,
yet officers know that courtrooms and juries
Mastagni Law Blogs
Latest from Mastagni Law
Supreme Court Strikes Down Hawaii’s “Vampire Rule” in Major Victory for the Second Amendment
Today the Supreme Court vindicated the Second Amendment in Wolford v. Lopez, striking down Hawaii’s so-called “Vampire Rule” in a 6-3 decision authored by Justice Alito and joined by Chief Justice Roberts and Justices Thomas, Gorsuch, Kavanaugh, and Barrett. The Court held that Hawaii’s law criminalizing licensed concealed-carry on private property open to the
SB 747 Risks ‘Watered Down’ Qualified Immunity for CA Officers
During the Assembly Judiciary Committee hearing held on June 9, 2026, David E. Mastagni appeared on behalf of the Peace Officers Research Association of California with Jonathan Feldman on behalf of the California Police Chiefs Association to address Senate Bill 747, the legislation known as the No Kings Act. They delivered a clear message: California peace
DOL Issues New Opinion Letters: Major Wins for Employees on Off-the-Clock FLSA Claims
On May 28, 2026, the U.S. Department of Labor’s Wage and Hour Division issued a significant opinion letter, FLSA2026-8, that delivers clear, practical guidance on one of the most frequent sources of wage-and-hour disputes: off-the-clock work performed before and after paid shifts.For California workers who must don and doff protective gear or perform integral
Third Circuit Limits FLSA “Gap Time” Claims for Straight Time Pay
Public safety unions and their members have long relied on the Fair Labor Standards Act to recover unpaid straight-time wages, often called “gap time”, in weeks when officers or firefighters work overtime. Last week’s Third Circuit decision in Secretary of Labor v. Comprehensive Healthcare Management Services LLC, No. 24-2842 (3d Cir. June 4, 2026), changes
NY Holds Law Enforcement Agencies Must Meet and Confer Over Advance Notice and Opportunity to Be Heard Before Releasing Personnel Records
In a decision carrying substantial weight for California public safety employers, the New York Public Employment Relations Board has ruled that municipalities violated their duty to bargain when they refused to negotiate procedures providing officers with advance notice of records requests and a meaningful opportunity to review and object prior to disclosure. In the Matter
PERB Draws a Firm Line on Severance Petitions: Two Recent Decisions Confirm Limits on Transferring Employees to Existing Units and Strict Window-Period Rules
In two significant decisions issued weeks apart, the Public Employment Relations Board has provided clear and consequential guidance on the proper use of severance petitions under the Meyers-Milias-Brown Act and the Educational Employment Relations Act. In Fresno Unified School District (PERB Dec. No. Ad-531, July 28, 2025) and City and County of San Francisco (PERB
Third District Court of Appeal Upholds Arbitrator’s Authority to Offset Discipline Sustained by the State Personnel Board in Retaliation Grievance
In a decision of considerable practical significance for California public employee unions and their members, the Court of Appeal for the Third Appellate District has reversed a trial court judgment that had limited an arbitrator’s remedial powers under a memorandum of understanding. The published opinion in Department of Human Resources v. California Correctional Peace Officers
Arizona Federal Court Bolsters First Amendment Protections for Off-Duty Peace Officers in Protest Retaliation Matter
In a decision issued on May 21, 2026, the United States District Court for the District of Arizona addressed significant questions regarding the First Amendment rights of off-duty peace officers who engage in political expression and counter-protest activities. Although the court denied the plaintiffs’ request for a preliminary injunction that would have ordered the reinstatement
Appellate Court’s Definition of “Great Bodily Injury” Broadens Canine Record Disclosures Under Penal Code Section 832.7
In a published opinion that will shape how law enforcement agencies respond to public records requests involving police canines, the Court of Appeal for the Fifth Appellate District held that the phrase “great bodily injury” (“GBI”) in Penal Code section 832.7(b)(1)(A)(ii) carries the same well-established meaning it has long possessed in California’s criminal sentencing statutes.