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Katia JULIAN, Plaintiff and Appellant, v. MISSION COMMUNITY HOSPITAL et al., Defendants and Respondents.

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Synopsis

Background: Teacher brought action against school district, district's police department, five individual police officers, a hospital, its owner, and the physician who treated teacher after the officers transported her to the hospital, alleging violations of the Lanterman-PetrisShort (LPS) Act, section 1983, and the Tom Bane Civil Rights Act. The Superior Court, Los Angeles County, No. LC100529, Frank J. Johnson, J., sustained demurrers without leave to amend. Teacher appealed.

Holdings: The Court of Appeal, Segal, J., held that: [1] there was no private right of action for the alleged violations of the LPS Act; [2] police sergeant had probable cause to detain teacher under Fourth Amendment; [3] district and police department were immune from liability for any violation of the state constitution's protection against unreasonable searches and seizures;

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Richard Carden, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner Of Social Security, Defendant.

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MEMORANDUM OPINION AND ORDER OF REMAND

Pursuant to sentence four of 42 U.S.C. section 405(g), IT IS HEREBY ORDERED that Plaintiff's and Defendant's motions for summary judgment are denied and this matter is remanded for further administrative action consistent with this Opinion

PROCEEDINGS

Plaintiff filed a complaint on June 5, 2013, seeking review of the Commissioner's denial of disability benefits. The parties filed a consent to proceed before a United States Magistrate Judge on July 11, 2013. Plaintiff filed a motion for summary judgment on January 14, 2014. Defendant filed a motion for summary judgment on February 13, 2014. Plaintiff filed a Reply on February 28, 2014. The Court has taken the motions under submission without oral argument. See L.R. 7-15; Minute Order, filed June 17, 2013

BACKGROUND AND SUMMARY OF ADMINISTRATIVE DECISION

Plaintiff asserts disability since June 8, 1996, based primarily on alleged mental problems...

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PERSPECTIVES: The Reservation Wages of Social Security Disability Insurance Beneficiaries

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Background

In the economics literature, the term "reservation wage" has been used with two different meanings. In the job search literature, the term refers to the lowest wage a person would accept if the person has to pay a positive sum to gain another job offer from a wage distribution (Mortensen 1986). In the labor supply literature (Killingsworth 1983), it has been used as the lowest wage at which a person will work, which has also been referred to as the "asking wage." In this article, the reservation wage is not used within the context of the job search literature given that most DI beneficiaries do not search for jobs (Hennessey and Muller 1994). Instead, the reservation wage is used in the same sense as that of the labor supply literature, as detailed below.

In the standard labor leisure choice model of the labor supply literature, individuals,,,

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