August 16, 2013

Supreme Court two-a-days: police liability, Sexually Violent Predator Act opinions filing Monday

With the high school and college football seasons around the corner, young players throughout the country are now enduring two practices each day. These two-a-days — often in intensely hot weather — raise health safety issues.

Apparently, the Supreme Court has its own version of two-a-days this August. To meet the 90-day-from-argument deadline, the court will file eight opinions over four remaining filing days. Of course, the court isn’t required to spread out the filings evenly, but that’s the way things are starting.

On Monday, the court will file opinions in two cases argued on the late-May calendar.

In Hayes v. County of San Diego, the court will decide whether, under California negligence law, liability can arise from tactical conduct and decisions employed by law enforcement preceding the use of deadly force. As we’ve mentioned, the court is hearing this case at the Ninth Circuit’s request under somewhat unusual circumstances.

Reilly v. Superior Court raises the question: Was petitioner entitled to dismissal of a petition for commitment under the Sexually Violent Predator Act (Welf. & Inst. Code, section 6600 et seq.) when the evaluations originally supporting the filing of the petition were conducted under an assessment protocol that was later found to constitute an invalid regulation and the results of reevaluation under a properly-adopted assessment protocol would have precluded the initial filing of the petition under Welfare and Institutions Code section 6601?

The opinions can be viewed online Monday beginning at 10:00 a.m.2-a-days

 

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