White Paper

10 Pages
  • 10 Pages

Law Enforcement Liability under Section 1983 - The Critical Steps


Are you ready for the challenge?

Whether the practitioner is on the plaintiff’s or the defense side, they must engage in critical decision making through the life of a case. There are many questions to ask and many decisions to make starting with the decision of taking the case or not. If the practitioner is a plaintiff’s personal injury lawyer or criminal defense lawyer and police misconduct cases are out of his/her regular practice area, how does the practitioner decide whether the case that comes in the door is a desirable one? This white paper reviews case selection and investigation; conflicts in representation of multiple defendants; partial stay of discovery during investigation; and protection of confidentiality of discovery. The material also discusses the topics of deadly force and emotionally disturbed persons, use of force in medical emergencies, and failure to train on de-escalation and crisis intervention.



Wayne C. Beyer, Esq.

Wayne C. Beyer, Esq.

  • Trial lawyer, author, presenter, former federal official and administrative appeals judge
  • Lead counsel in over 300 police misconduct and corrections cases, including dozens of 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, the Federal Judicial Center for District and Magistrate Judges, and many webinars
  • Author of law review and magazine articles on police misconduct, including the 1,540-page treatise and handbook, “Police Misconduct: A Practitioner’s Guide to Section 1983,” available from Juris Publishing at http://www.jurispub.com/ Bookstore/United-States/Police-Misconduct.html
  • Member of New Hampshire and D.C. Bars, 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
  • Degrees from Dartmouth College, Harvard University, and Georgetown University Law Center
  • Can be contacted at 603-356-5106 or [email protected]

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