ECW / TASER® LEGAL ISSUES & LITIGATION
Use of Force | Legal Update | Medical Studies | Defending TASER® Law Suits
VIEW TRAINING SCHEDULE AT PATC.COM FOR CURRENT AVAILABILITY FOR THIS TRAINING
Length of Seminar: 2 Days
Instructors: Multiple
COURSE OBJECTIVES:
"If your department authorizes the use of TASERS® - DO NOT miss this class!"
This two day program is essential training for law enforcement executives; training staff; use of force instructors and any officer who may be called upon to use force on a citizen. The course provides crucial information for attorneys, medical examiners, insurance providers and law enforcement who are actively involved in use of force litigation.
It is well known in law enforcement that officer conduct is routinely the subject of lawsuits. The vast majority of the lawsuits facing officers and law enforcement agencies today relate to use of force. Most of these lawsuits are bought under 42 U.S.C. §1983 alleging a violation of a citizen’s Fourth Amendment Rights claiming that the officer’s seizure of the citizen was unreasonable due to a use of excessive force.
The parameters of proper use of force are drawn from court decisions, contemporary studies, best practices as defined by the United States Department of Justice, Professional Law Enforcement Study Groups, and current medical literature.
The purpose of this program is to detail the law, best practices, and medical implications in any use of force, and will bring together subject matter experts from the multiple disciplines impacting use of force, electronic control devices and sudden in-custody death.
The Law of Force
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Use of Force as Interpreted by the United States Supreme Court
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Deadly force ~ Circuit by Circuit Analysis
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The “Totality of Circumstances”
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Force Continuums-Are they past their Prime
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Specific Uses of Force ~ from officer presence to deadly force
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Defenses available to individual officers vs. local governments
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Policies that properly guide an officer and policies that can trigger liability.
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When is training deliberately indifferent
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Quality assurance/risk management – role of discipline, internal civilian review agencies, insurance pools, audits
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against professional standards
Current Medical Thinking related to Electronic Control Devices and Sudden In-Custody Death
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A review of the studies
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Excited Delirium, what is it?
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A review of deaths and causation
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A medical response to a law enforcement event/ how the law enforcement responsemay impact the medical event
Excited Delirium-What do the Courts have to say?
A Different Viewpoint: The Plaintiff’s Perspective of Law Enforcement’s Use of Force as it relates to Electronic Control Devices and Sudden In-Custody Death
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The bad cases are easy…even you would agree they are excessive
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How a plaintiff’s attorney decides if an officer’s use of force is worth pursuing as an excessive force case
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Access to policies, personnel files, and investigations pre filing
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Is this a case for punitive damages
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Role of cruiser cams and report writing
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Special concerns with wrongful death actions
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When to sue the ECD manufacturer
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Changing behavior, one case at a time or one agency at a time…Is anyone else paying attention?
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Role of litigation in police reform including a summary of the Collaborative on Police Community Relations and Justice Department
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Agreements in Cincinnati, Ohio
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Officer depositions…You said it!
The developing law of Electronic Control Devices/TASER®
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How do ECDs actually work?
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What warnings have law enforcement agencies received
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Excessive Force Case law
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Accidents- Intentional Deployment with ECD-but unintentional shooting
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Elevation Cases
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Secondary Impact Cases
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Use of ECDs in Jails and Hospitals
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Sudden in-custody death
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Pregnancy and TASER®
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Drive-Stun v. Probe Mode- a legal distinction?
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