©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On October 17, 2017, the Eighth Circuit Court of Appeals decided Weed v. Jenkins et al.[i], which serves as an excellent explanation regarding liability for arresting a protester for failing to disperse at a protest. The relevant facts of Weed, taken directly from the case, are as follows: On Saturday, August 17, 2013, Weed and others held signs protesting the President's policies, from a pedestrian sidewalk on an overpass over Interstate 70 in St. Charles, Missouri. Protesters faced the highway below, targeting motorists. Traffic that day was more congested than usual. [...]

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On October 17, 2017, the Eighth Circuit Court of Appeals decided Frederick v. Motsigner, et al.[i], which serves as an excellent explanation of use of force law and the provocation doctrine. The relevant facts of Frederick, taken directly from the case, are as follows: Frederick entered the convenience store just after 10:30 a.m. on August 1, 2011. A store surveillance video captured the tragic events of the next ten minutes, and Officer Torkelson's microphone audio-recorded events after he arrived. Holding a four-inch folding knife, Frederick told store clerk Elida Sandoval to [...]

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On October 24, 2017, the Court of Appeals of Georgia decided Johnson v. State[i], which is instructive regarding how the Georgia court considers flight from a consensual encounter. The relevant facts of Johnson, taken directly from the case, are as follows: [O]n April 27, 2016, Officer Jalany Rogers of the Clayton County Police Department was on a routine foot patrol in an area of the county known for a high rate of crime and drug use. Part of this patrol included a walk-through of property on which the Southside Inn is [...]

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) In light of the frequent protests and public demonstrations, law enforcement must be mindful of the constitutional requirements regarding laws that are typically enforced at such events. Part One of this article will discuss the constitutional requirements of Georgia’s anti-mask statute as stated by the Supreme Court of Georgia. Part Two of this article will discuss the remaining challenges made by the defendant in the case discussed below. In 1990, the Supreme Court of Georgia decided the State v. Miller[i], in which the court upheld the Georgia anti-mask statute. The [...]

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) In light of the frequent protests and public demonstrations, law enforcement must be mindful of the constitutional requirements regarding laws that are typically enforced at such demonstrations. Part One of this article discussed the constitutional requirements of Georgia’s anti-mask statute as stated by the Supreme Court of Georgia. Part Two of this article will discuss the remaining challenges made by the defendant in the case discussed below, specifically Issues 2, 3 and 4 as listed below. In 1990, the Supreme Court of Georgia decided the State v. Miller[i], in which [...]

©2018 Lou Reiter, Co-Director, Legal & Liability Risk Management Institute (www.llrmi.com) The U.S. Court of Appeals for the Ninth Circuit decided in Perez v. City of Roseville, et al., D.C. No. 2:13-cv-02150 GEB-DAD, that the termination of Officer Perez for engaging in off-duty sexual conduct with another officer was against her constitutional guarantee of privacy and free association. The Court acknowledged that this decision was contrary to those of the Fifth and Tenth Circuits. It’s important, however, to look closer at this case as it can give guidance for any policy development, investigation and discipline determinations. The Court makes a distinction that [...]