Law Enforcement Liability under § 1983: 2022 in review

Wayne C. Beyer
Wayne C. Beyer |

Wayne C. Beyer is an experienced trial lawyer, author, presenter, and former federal official and administrative appeals judge. Mr. Beyer has been lead counsel in 300-350 police misconduct and corrections cases and dozens of jury trials as assistant corporation counsel (later called assistant attorney general) for the District of Columbia, and before that as outside counsel to New Hampshire’s Property and Liability Insurance Trust.

Live Video-Broadcast: October 28, 2022
Law Enforcement Liability under § 1983: 2022 in review

$195.00 2 hour CLE

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Program Summary

2022, another important year for § 1983 practitioners. This program will keep you current. Supreme Court update: Malicious Prosecution after Thompson v. Clark; Miranda warnings after Vega v. Tekoh; limits on Bivens actions in Egbert v. Boule; and two per curiam qualified immunity decisions.

Then mastering non-deadly and deadly force, with discussion of the flight or flight response, de-escalation, failure to intervene, choke holds following George Floyd, and what is a seizure after Torres v. Madrid? The use of no-knock warrants after Breonna Taylor. Plus, the evidentiary use of police standards and model policies. All this and links to resources to use in your practice.

Key topics to be discussed:

  • Supreme Court cases from the 2021-22 term that decided what is a favorable determination for malicious prosecution, ruled that the failure to give Miranda warnings is not actionable under § 1983, declined to extend Bivens to an action against a border patrol agent, and denied qualified immunity in “obvious” cases
  • Guidelines for use of non-deadly force against actively resisting, fighting subjects and use of force during demonstrations
  • Use of deadly force against subjects with firearms and EDPs with knives, chokeholds and positional asphyxia, rules on shooting at vehicles, and the debate over vehicular and foot pursuits
  • Restrictions on no-knock warrants after Breonna Taylor
  • Evidentiary use of police general orders, model policies, and best practices on the “objective reasonableness” standard. Should they be part of the qualified immunity entitlement?

Police Misconduct: A Practitioner’s Guide to Section 1983
Publisher discount exclusive to myLawCLE course viewers. Publication details here.

*Book sold separately

Date / Time: October 28, 2022

  • 2:00 pm – 4:10 pm Eastern
  • 1:00 pm – 3:10 pm Central
  • 12:00 pm – 2:10 pm Mountain
  • 11:00 am – 1:10 pm Pacific

 

Closed-captioning available

Speakers

Wayne C. Beyer_myLawCLEWayne C. Beyer

Wayne C. Beyer is an experienced trial lawyer, author, presenter, and former federal official and administrative appeals judge. Mr. Beyer has been lead counsel in 300-350 police misconduct and corrections cases and dozens of jury trials as assistant corporation counsel (later called assistant attorney general) for the District of Columbia, and before that as outside counsel to New Hampshire’s Property and Liability Insurance Trust.

He is the author of law review and magazine articles and the leading 1540-page treatise and handbook Police Misconduct: A Practitioner’s Guide to Section 1983 (JURIS 2018), available at a discount to attendees of this program at http://www.jurispub.com/Bookstore/Civil/Police-Misconduct.html In addition, he has been a presenter on § 1983 at national programs for Georgetown University Law Center, the Defense Research Institute, the American Bar Association, the Federal Judicial Center (for District and Magistrate Judges), and about 65 national webinars. Mr. Beyer is a member of the N.H. and D.C. Bars and holds degrees from Dartmouth College, Harvard University, and Georgetown University Law Center. He can be reached at waynecbeyer@roadrunner.com; (603) 356-5106.

Agenda

I. Supreme Court cases from the 2021-22 term that decided what is a favorable determination for malicious prosecution, ruled that the failure to give Miranda warnings is not actionable under § 1983, declined to extend Bivens to an action against a border patrol agent, and denied qualified immunity in “obvious” cases | 2:00pm – 2:20pm

II. Guidelines for use of non-deadly force against actively resisting, fighting subjects and use of force during demonstrations | 2:20pm – 2:40pm

III. Use of deadly force against subjects with firearms and EDPs with knives, chokeholds and positional asphyxia, rules on shooting at vehicles, and the debate over vehicular and foot pursuits | 2:40pm – 3:00pm

Break | 3:00pm – 3:10pm

IV. Restrictions on no-knock warrants after Breonna Taylor | 3:10pm – 3:40pm

V. Evidentiary use of police general orders, model policies, and best practices on the “objective reasonableness” standard. Should they be part of the qualified immunity entitlement? | 3:40pm – 4:10pm