Examining Police Liability Cases: Wrongful arrest, excessive force, denial of fair trial rights, and interference with constitutional rights

Jeremy B. Shockett
Jeremy B. Shockett
Anderson Kill P.C.

Jeremy Shockett is a shareholder in the New York office of Anderson Kill and is a member of the firm's Corporate and Commercial Litigation practice group. He is co-chair of the White Collar Defense group.

Samuel M. Braverman
Samuel M. Braverman
Anderson Kill P.C.

Samuel Braverman is a shareholder in the New York office of Anderson Kill and co-chair of the firm’s White Collar Defense Group.

On-Demand: June 12, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

Police liability encompasses various situations where law enforcement officers or agencies may be held accountable for their actions, such as wrongful arrest, excessive force, denial of fair trial rights, and interference with constitutional rights. Possible causes of action include federal 1983 actions, state law claims, and specific actions like wrongful conviction suits. Defenses against liability may involve absolute or qualified immunity doctrines and labor or union protections. Preparation for bringing a case entail preserving evidence, adhering to statutes of limitations, and gathering necessary information. Damages sought may include physical, economic, and punitive compensation, carefully computed to account for offsets like lost wages. Understanding these components is crucial for navigating police liability cases effectively.

Key topics to be discussed:

  • Types of police liability
    • Wrongful arrest
    • Excessive force
    • Denial of Fair Trial
    • Interference with a Constitutional Right (protests)
    • Monell liability
  • Possible Causes of Action
    • Federal 1983 Actions
    • Actions under State Law
    • NYS wrongful conviction in Court of Claims
  • Defenses
    • Immunity Doctrines
      • Absolute Immunity
      • Qualified Immunity
    • Labor/Union protections
  • Preparation for bringing a case
    • Preservation of evidence demand
    • Notice of Claim
    • Statutes of limitation in state court and federal court
    • FOIL/FOIA
    • Photographs/Video
    • Arrest Reports
    • Civilian and government witnesses
  • Damages
    • Actual physical, economic-actual and prospective lost wages, Monell, punitive
    • How to compute
    • Offsets

Closed-captioning available

Speakers

Jeremy B. Shockett_myLawCLEJeremy B. Shockett | Anderson Kill P.C.

Jeremy Shockett is a shareholder in the New York office of Anderson Kill and is a member of the firm’s Corporate and Commercial Litigation practice group. He is co-chair of the White Collar Defense group.

Prior to joining Anderson Kill, Jeremy was Deputy Secretary for Public Safety for the Office of the Governor of New York, a state Cabinet position in which he managed the Governor’s public safety and homeland security priorities, overseeing eight agencies with a workforce of over 35,000 employees and an annual budget of more than $5 billion. He was also the Co-Chair of the New York State Cyber-Security Advisory Board, leading a team of government and private sector experts to shape and implement the State’s cyber defenses and responses, including keeping the State’s elections secure from outside influence. He also initiated and led table-top security exercises covering mass-fatality incidents, large scale transportation hubs, and state-wide cyber incidents.

 

Samuel M. Braverman_myLawCLESamuel M. Braverman | Anderson Kill P.C.

Samuel Braverman is a shareholder in the New York office of Anderson Kill and co-chair of the firm’s White Collar Defense Group.

Sam has been practicing law in the courtroom, at both the trial and the appellate level, for more than three decades and has conducted more than 100 trials as lead counsel. He represents individuals and corporate clients in complex and sensitive criminal and regulatory matters, and his practice focuses on white collar criminal defense, including securities fraud, commercial bribery, honest services fraud, conspiracy, bank fraud, Stark violations, and tax litigation. He has won acquittals in high profile cases, and he has represented clients in more than 40 state counties, 10 federal districts, and before investigative agencies such as FINRA, SEC, state medical boards, the Commission on Judicial Conduct, and Attorney disciplinary committees. He has won reversals on appeal at the New York State Court of Appeals, the Second Circuit Court of Appeals, and the Supreme Court of the United States and he has won writs of habeas corpus in the SDNY.

Agenda

I. Types of police liability | 2:00pm – 2:20pm

  • Wrongful arrest
  • Excessive force
  • Denial of Fair Trial
  • Interference with a Constitutional Right (protests)
  • Monell liability

II. Possible Causes of Action | 2:20pm – 2:40pm

  • Federal 1983 Actions
  • Actions under State Law
  • NYS wrongful conviction in Court of Claims

III. Defenses | 2:40pm – 3:00pm

  • Immunity Doctrines
    • Absolute Immunity
    • Qualified Immunity
    • Labor/Union protections

Break | 3:00pm – 3:10pm

IV. Preparation for bringing a case | 3:10pm – 3:40pm

  • Preservation of evidence demand
  • Notie of Claim
  • Statutes of limitation in state court and federal court
  • FOIL/FOIA
  • Photographs/Video
  • Arrest Reports
  • Civilian and government witnesses

V. Damages | 3:40pm – 4:10pm

  • Actual physical, economic-actual and prospective lost wages, Monell, punitive
  • How to compute
  • Offsets

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Approved for Self-Study Credits
2 General

Connecticut

Approved for CLE Credits
2 General

Delaware

Pending CLE Approval
2 General

Florida

Approved for CLE Credits
2.5 General

Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Maine

Pending CLE Approval
2 General

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Approved for Self-Study Credits
2.5 General

Oregon

Approved for Self-Study Credits
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved for Self-Study Credits
2 General

Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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