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Police Misconduct and Section 1983 for the Trial Attorney

Police misconduct gets a lot of media coverage and everyone is talking about it. It will be a growing area of the law. Shouldn’t you be involved and up to date? Section 1983 litigation is specialized and difficult to master. This topic is for you if you are on the plaintiff’s side, if you want to expand your personal injury practice, or you have a criminal practice and have clients who would like to sue the police. This topic is also for you if you are on the civil defense side, if you have an insurance or municipal defense practice as outside counsel, or you are in-house counsel for a state, city, county or town and you advise on or defend law enforcement cases. Whether you are new to the practice area or regularly sue or defend police misconduct cases, you should know the latest Supreme Court cases, current trends and developments, and practice pointers from a highly experienced trial attorney.


Runtime: 94 minutes
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Section 1983 Basics; What Everyone Must Know

  • Requires Constitutional Violation Under Color of Law
  • Does Not Confer Substantive Rights or Jurisdiction
  • The Tort Model

Culpability, State of Mind Requirements; Clearing up the Confusion

  • Objective Reasonableness Under the Fourth Amendment and Qualified Immunity
  • "Deliberate Indifference", Shocks the Conscience, and Intent to Harm Under the Fourteenth Amendment
  • The "Deliberate Indifference" Standard for Supervisory and Municipal Liability
  • Evil Motive, Reckless or Callous Indifference Required for Punitive Damages Awards

Hot Topics in Police Misconduct Litigation

  • Right to Videotape Police-Citizen Encounters
  • Police Interaction With the Mentally Ill
  • Deadly Force Against "Unarmed" Subjects
  • Choke Holds, Excited Delirium, Positional Asphyxia; the "Can't Breathe" Phenomenon
  • DNA Testing and Wrongful Conviction
  • Protests That Turn Violent

Litigation Strategies for Plaintiffs and Defendants

  • Intake and Evaluation
  • Discovery; Rule 30(b)(6) Witness
  • Police Practices Experts
  • Key Evidentiary Issues
  • Jury Selection
  • Preservation of the Qualified Immunity Defense
  • Structure of the Verdict Form
  • Right to Attorneys' Fees
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • FL CLE 2.0 including Civil Trial 2; Criminal Appellate 2; Criminal Trial 2
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • FL CLE 2.0
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Wayne C. Beyer

Wayne C. Beyer

Wayne C. Beyer

  • Litigator, author, presenter, and former administrative appeals judge
  • Lead counsel in 300-350 police misconduct cases, including 30 jury trials, involving Fourth Amendment excessive force, false arrest, illegal search, fatal shootings, positional asphyxia, cell suicide, pursuits, failure to render medical assistance, failure to protect, First Amendment, malicious prosecution, and wrongful conviction
  • Assistant corporation counsel and assistant attorney general for the District of Columbia and outside counsel to New Hampshire’s Property and Liability Insurance Trust
  • Presenter at national programs for Georgetown University Law Center, Defense Research Institute, the American Bar Association and the Federal Judicial Center for District and Magistrate Judges
  • Author of law review and magazine articles on police misconduct
  • Member International Association of Chiefs of Police, National Sheriffs Association, and Police Executive Research Forum
  • Formerly associate and partner at prominent New Hampshire law firms; chief of staff U.S. General Services Administration; and rendered 750 final decisions on employment and labor issues for the Executive Branch of the United States Government as member, chairman, chief judge, U.S. Department of Labor Administrative Review Board and member Federal Labor Relations Authority
  • J.D. degree, Georgetown University Law Center, Dartmouth College, and Harvard University
  • Can be contacted at 603-356-5106 or [email protected]
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Product ID: 397238
Published 2015, 2017
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