Brian S. Batterton, J.D.

About Brian S. Batterton, J.D.

Brian S. Batterton MAJOR, COBB COUNTY, GA POLICE DEPARTMENT, ATTORNEY Expert Witness Categories: Use of Force | Deadly Force | Officer Involved Shooting Law Enforcement Policies – Tactics | Procedures / Pursuits / School Related Issues Brian Batterton is an attorney in the State of Georgia and currently a Major with the Cobb County Police Department. He has been in law enforcement since 1994 and obtained his Juris Doctorate in 1999 from John Marshall Law School in Atlanta. He has served in Uniform Patrol, Investigations, Training (as an instructor and as the Director), Adjutant/Legal Officer to the Chief, and is currently a precinct commander. In addition to his work at the police department, he also lectures for the Legal and Liability Risk Management Institute (LLRMI) on both criminal law and procedure topics, as well as, police civil liability.

City Not Liable for Failing to Disclose Exculpatory Evidence When Plaintiff Entered a Guilty Plea

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On June 26, 2017, the Fifth Circuit Court of Appeals decided Alvarez v. City of Brownsville[i], in which the court discussed whether the City of Brownsville was liable when it [...]

Eleventh Circuit Upholds Immunity For School Officer Who Threatened Parent With Taser

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On July 10, 2017, Eleventh Circuit Court of Appeals decided Simpson v. Vickers et al.[i], in which the court examined whether a school resource officer used excessive force when he [...]

Third Circuit Holds First Amd Grants Right to Photograph, Film, Audio Record Police in Public-Regardless of Purpose

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On July 7, 2017, the Third Circuit Court of Appeals decided Fields v. City of Philadelphia et al.[i] and Geraci v. City of Philadelphia et al., both decided in one opinion [...]

Excessive Force: Constitutional vs. State Law

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On July 6, 2017, the Eleventh Circuit Court of Appeals decided Avery v. Davis et al.[i], in which the court discussed whether an officer was entitled to immunity under federal [...]

11TH Cir. Upholds Immunity for Det. & Ofc. on Malicious Prosecution & Excessive Force Suit

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On June 2, 2017, the Eleventh Circuit Court of Appeals decided Reed v. Cough et al. [i], in which the court discussed whether a detective violated the Fourth Amendment when [...]

Do Officers Have a Constitutional Duty to Dismiss Warrants if They Receive Information That May Negate Probable Cause?

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On June 7, 2017, the Fourth Circuit Court of Appeals decided Safar v. Tingle[i], in which the court discussed whether an officer and a prosecutor violated the Fourth Amendment when [...]

Georgia Court Examines Whether a Person has a Reasonable Expectation of Privacy in Cell Phone Owner Information

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On July 13, 2016, the Court of Appeals of Georgia decided State v. Hill[i], in which the court discussed whether a person has a reasonable expectation of privacy in the [...]

THE FIRST AMENDMENT AND TATTOO POLICIES

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) Law enforcement agencies vary widely on the extent to which they allow officers to have or display tattoos while on-duty. It seems that tattoos are also becoming more prevalent [...]

IS FORCE EXCESSIVE IF OFFICER IS MISTAKEN REGARDING THE INTENT OF SUSPECT?

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On May 15, 2017, the Eighth Circuit Court of Appeals decided Dooley v. Tharp[i], in which the court discussed whether an officer violated the Fourth Amendment when he shot and [...]

ELEVENTH CIRCUIT UPHOLDS IMMUNITY FOR OFFICER AND SCHOOL OFFICIALS IN ARREST OF DISORDERLY PARENT

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On May 4, 2017, the Eleventh Circuit Court of Appeals decided Yates v. Cobb County School District et al.[i], in which the court discussed whether the school district, school resource [...]