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Advanced Police Liability Claims  

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This advanced level seminar on police liability issues is for attorneys. Risk managers, government administrators and law enforcement officials may also find it useful.

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Seminar Summary:

Our experienced faculty will dig into many of the current issues in police liability and offer their perspective on what law enforcement officer actions increase the risk of legal action. (see full course description)

 

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Training Course Syllabus:


Advanced Police Liability Claims -  Municipal Attorney Training Seminar

Prevent Law Enforcement Actions That Cause Liability Lawsuits

Police officers encounter multiple situations that have the potential to cause a liability lawsuit in the course of their duty. Although many law enforcement actions that cause lawsuits are obvious, recognizing others requires a more advanced understanding of the law. Our experienced faculty will dig into many of the current issues in police liability and offer their perspective on what law enforcement officer actions increase the risk of legal action. Mitigate department risk by staying up-to-date on the law - register today!

  • Know when police departments are liable for the actions of pursued drivers, and when they are liable for the actions of officers engaging in pursuits.
  • Determine if qualified immunity protects law enforcement officers in cases involving excessive force.
  • Handle situations where a suspect alleges that the use of a no-knock warrant for a non-violent offense violates their constitutional rights.
  • Understand the liability implications for departments that allow their officers to engage in off-duty security work.
  • Gain strategies for dealing with situations that involve the filming of police officers in pursuit of their duty.
  • Stay current on ethical situations regarding the representation of more than one client in police liability cases.
  1. Law Enforcement Pursuits
    9:00 - 9:45, Linnes Finney
    1. Police Pursuits and Third-Party Injuries
      1. Officer Negligence and Gross Negligence
      2. Pursued Vehicle Passengers
      3. Liability for Injuries Caused by Pursued Drivers
      4. Joint Liability with Pursued Drivers
    2. Civil Liability Issues in Police Pursuits
    3. Pursuits and Substantive Due Process Rights Violations
    4. Roadblocks, Spike Strips and Liability
  2. Excessive Force
    9:45 - 10:30, Allen Sang
    1. The Fourth vs. The Fourteenth Amendment: A Narrow Line
      1. The Objective Reasonableness Test
      2. The Due Process Test
    2. Determining if Force is Within the Law
    3. Prior Officer Misconduct and Questions of Credibility
    4. Liability and Qualified Immunity in Excessive Force Cases
      1. Individual Liability
      2. Supervisor Liability
      3. Heightened Pleading Standards
    5. Issues with Less-Than-Lethal Weapons
  3. Search and Seizure
    10:45 - 11:30, Valentin Rodriguez Jr.
    1. Is it a Search or a Seizure? Evolving Definitions
      1. Reasonable Expectations of Privacy
      2. Probable Cause
    2. Warrants and Questions of Validity
      1. Controverted Warrants
      2. Overly Broad Warrants
      3. No-Knock Warrants
      4. Justifying Warrantless Entry in Arrests
      5. Exceptions to the Warrant Requirement
    3. Technology and Searches and Seizures
      1. Computers and Email
      2. Mobile Communication Devices and GPS Tracking
    4. Issues with School Searches
  4. Off-Duty Activities
    11:30 - 12:15, Valentin Rodriguez Jr.
    1. Section 1983 as Applied to Off-Duty Officers
      1. Customs
      2. Policies and Practices of the Police Department
  5. Other Current Police Liability Issues
    1:15 - 2:15, Daniel Aaronson
    1. Videotaping Police Officers
  6. Plaintiff Pre-Claims Investigation of Police Liability Cases
    2:15 - 3:15, Kevin R. Anderson
    1. Plaintiff Pre-Suit Preparation
    2. False Arrest, Excessive Force and Malicious Prosecution
    3. Jailer Liability
    4. Vehicle Pursuits
    5. Investigative Resources for Plaintiff and Defendant Attorneys
  7. Ethics
    3:30 - 4:30, Kevin R. Anderson
    1. Government Attorneys and Financial Gain
    2. Individual or Public Entity: Who is Being Represented?
    3. Representing Multiple Clients
    4. Avoiding Grievances/Malpractice

Seminar Summary:

Our experienced faculty will dig into many of the current issues in police liability and offer their perspective on what law enforcement officer actions increase the risk of legal action. (see full course description)

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