©2012 Jack Ryan, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) In Brown v. Cwynar [i], the United States Court of Appeals for the 3rd Circuit reviewed a case involving the use of a TASER™ in the drive-stun mode, on a seventy-three year old man in order to get his hands behind his back for handcuffing. Mr. Brown had been at the Pearle Vision Center for an eye examination when he got into an argument over his health insurance’s twenty-five dollar co-pay.  When he refused to pay, he was told that he would not be given his prescription until payment was made.  [...]

©2012 Lou Reiter, Co-Director, PATC Legal & Liability Risk Management Institute (www.llrmi.com) PATC has offered a variety of programs over the past fifteen years on conducting administrative investigations (IA/OPS) for both law enforcement and fire service personnel.  PATC has provided this type of training to more industry personnel than any other law enforcement training agency.  Students frequently attend more than one of these programs, some attending the same program every couple years to ensure that they are up-to-date with current developments in this vital task.  Five years ago students began asking if there was certification available for IA/OPS.  Upon further research [...]

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On January 13, 2012, the Fourth Circuit Court of Appeals decided United States v. Rebecca Jones and Kipling Jones[i], which serves as an excellent review of the law related to protective sweeps of residences.  The facts of the Jones’ case are as follows: On the evening of October 28, 2008, the Cherokee County, North Carolina Sheriff's Office received a call from Mike Monteith, a narcotics officer with the Polk County, Tennessee Sheriff's Office.  Monteith advised that an officer from the Bradley County, Tennessee Sheriff's Office had notified him that [...]

©2012 Lou Reiter, Co-Director, PATC Legal & Liability Risk Management Institute (www.llrmi.com) Held: A private individual temporarily retained by the government to carry out its work is entitled to seek qualified immunity from suit under §1983. In 2006, Rialto, CA., Firefighter Delia became ill on the job.  He was ordered by his doctor to not work for three weeks.  The City became suspicious that he was abusing this sick time and hired a private investigator to follow him.  Delia was observed buying insulation from a store and took it home.  The City now believed that he was doing construction work while [...]

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On March 7, 2012, the Sixth Circuit Court of Appeals decided the United States v. Jones [i] which serves as an excellent review of the law related to seizures of persons and factors that amount to reasonable suspicion to detain a person.  The facts of Jones are as follows: Memphis Police Officer Robert Strickland was on patrol on Latham Street in Memphis, Tennessee, an area known for extensive drug trafficking and violent crimes. He observed a group of men in front of an apartment house, and two males standing apart from the [...]

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On March 12, 2012, the Fourth Circuit Court of Appeals decided Seremeth v. Frederick County, et al. [i] which discussed whether the Americans with Disabilities Act (ADA) applied in the context of a police investigation.  The facts of Seremeth, taken directly from the case, are as follows: On January 13, 2008, Seremeth was at home in Middletown, Maryland, with his four children and his parents. Seremeth, his children, and his parents are deaf. Seremeth and his daughter had an argument about whether the daughter had to go to bed, which followed [...]