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Police Liability and Damages in Death Cases under § 1983

2025-05-27 14:00:00

1.5 hours

2025-05-27 14:00:00

1.5 Credits

High-stakes Section 1983 litigation guide covering case selection through post-trial motions in police death and catastrophic injury cases.

2025-05-27 14:00:00

1.5 hours

High-stakes Section 1983 litigation guide covering case selection through post-trial motions in police death and catastrophic injury cases.

2025-05-27 14:00:00

1.5 hours

1000+

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Course Overview

Mastering High-Stakes Section 1983 Litigation

Participants will learn to navigate death and catastrophic injury cases from case selection through post-trial motions. Attorneys gain practical strategies for both plaintiff and defense representation in police liability matters.

Case Selection

Identify sympathetic victims and inflammatory facts.

Expert Testimony

Retain police practices, economist, and medical experts.

Qualified Immunity

Apply clearly established law defense standards.

Damages Calculation

Prove economic losses and conscious suffering elements.

Course Overview

Mastering High-Stakes Section 1983 Litigation

Participants will learn to navigate death and catastrophic injury cases from case selection through post-trial motions. Attorneys gain practical strategies for both plaintiff and defense representation in police liability matters.

Case Selection

Identify sympathetic victims and inflammatory facts.

Expert Testimony

Retain police practices, economist, and medical experts.

Qualified Immunity

Apply clearly established law defense standards.

Damages Calculation

Prove economic losses and conscious suffering elements.

Why Attend

Why this 
program matters

Mastering Section 1983 litigation is critical because these high-stakes cases involve complex constitutional standards, qualified immunity defenses, and substantial damages requiring specialized expertise.
10k+
People fatally shot by police in the U.S. over a decade (2015-2024) as documented by the Washington Post Fatal Force database.
$3.2B
Total spent on police misconduct settlements by the 25 largest U.S. police departments over one decade, according to a Washington Post investigation.
3%
Percentage of Section 1983 cases in federal district courts that proceed to trial, with most resolved through dismissal or settlement.
20%
Percentage of police calls involving individuals experiencing a mental health crisis, according to the American Psychological Association.

Agenda

Session 1

Strategic Case Selection for Plaintiff's Counsel

Session 2

Defense Investigation and Multi-Party Representation Strategies

Session 3

Pleadings: Complaints, Answers, and Dismissal Motions

Session 4

Discovery Strategies in High-Exposure Litigation

Session 5

Expert Witnesses: Police Practices, Economics, Medical Evidence

Session 6

Crafting Effective Defense Summary Judgment Motions

Session 7

Settlement Evaluation, Negotiation, and Resolution Tactics

Session 8

Critical Evidentiary Issues for Trial Success

Session 9

Jury Selection Strategies and Voir Dire

Session 10

Break

Session 11

Defendants' Rule 50(a) Motion Requirements and Strategy

Session 12

Qualified Immunity Defense Framework and Application

Session 13

Closing Arguments and Jury Instruction Strategies

Session 14

Drafting Special Verdict Forms to Avoid Inconsistencies

Session 15

Post-Trial Motions: Rules 50(b), 59, Remittitur

Session 16

Calculating and Contesting Attorney's Fee Awards

clock 2:00 pm - 2:05 pm EST

Strategic Case Selection for Plaintiff's Counsel

Wayne C. Beyer

This session examines the landscape of police fatalities and identifies key factors that make cases viable for plaintiffs. Learn what constitutes a sympathetic victim, inflammatory facts, and how recent Supreme Court decisions like Barnes v. Felix impact Fourth Amendment analysis.

Wayne C. Beyer

clock 2:05 pm - 2:10 pm EST

Defense Investigation and Multi-Party Representation Strategies

Wayne C. Beyer

Explore the three parallel investigations triggered by catastrophic police events and initial response protocols. This session covers coverage determinations, conflict assessment, and strategies for representing multiple defendants including officers and municipalities.

Wayne C. Beyer

clock 2:10 pm - 2:20 pm EST

Pleadings: Complaints, Answers, and Dismissal Motions

Wayne C. Beyer

Master the Iqbal/Twombly pleading requirements for Section 1983 claims and municipal liability allegations. Learn strategic considerations for defense answers and when filing motions to dismiss may or may not serve your client’s interests.

Wayne C. Beyer

clock 2:20 pm - 2:25 pm EST

Discovery Strategies in High-Exposure Litigation

Wayne C. Beyer

This session addresses discovery regarding decedents and defendants, including Rule 26 initial disclosures and proportionality standards. Learn about privileges protecting investigation files and strategic use of motions to stay, protective orders, and motions to compel.

Wayne C. Beyer

clock 2:25 pm - 2:35 pm EST

Expert Witnesses: Police Practices, Economics, Medical Evidence

Wayne C. Beyer

Understand why both sides need three key experts: police practices, economist, and medical examiner testimony. This session covers qualification requirements, admissibility rules under FRE 704, and how experts can address ultimate factual versus legal issues.

Wayne C. Beyer

clock 2:35 pm - 2:45 pm EST

Crafting Effective Defense Summary Judgment Motions

Wayne C. Beyer

Learn optimal timing and components for defense summary judgment motions in police use of force cases. This session covers organizing your memorandum, stating undisputed facts properly, and using the motion strategically to narrow issues for trial.

Wayne C. Beyer

clock 2:45 pm - 2:50 pm EST

Settlement Evaluation, Negotiation, and Resolution Tactics

Wayne C. Beyer

Analyze factors driving high-profile settlements and understand recoverable damages under Section 1983. Learn how to calculate settlement value using jury range and success probability, and master the three numbers every negotiator needs.

Wayne C. Beyer

clock 2:50 pm - 2:55 pm EST

Critical Evidentiary Issues for Trial Success

Wayne C. Beyer

Master motions in limine and the four basic evidentiary questions for admissibility determinations. This session covers evidence regarding decedents and defendants, including prior bad acts, department policies versus national standards, and investigation results.

Wayne C. Beyer

clock 2:55 pm - 3:00 pm EST

Jury Selection Strategies and Voir Dire

Wayne C. Beyer

Learn effective voir dire techniques to identify jurors who cannot sit fairly and those favorable to your side. This session covers general jury tendencies, jurors to avoid, and Batson considerations for peremptory challenges.

Wayne C. Beyer

clock 3:00 pm - 3:10 pm EST

Break

Wayne C. Beyer

A ten-minute break allowing attendees to refresh before the final sessions covering trial motions, qualified immunity, closing arguments, verdict forms, and post-trial practice.

Wayne C. Beyer

clock 3:10 pm - 3:15 pm EST

Defendants' Rule 50(a) Motion Requirements and Strategy

Wayne C. Beyer

Understand why Rule 50(a) is the one motion you must make at trial to preserve appellate issues. Learn proper timing at close of plaintiff’s case and all evidence, and the specific arguments required to avoid waiver.

Wayne C. Beyer

clock 3:15 pm - 3:20 pm EST

Qualified Immunity Defense Framework and Application

Wayne C. Beyer

Explore the Harlow objective test for qualified immunity and its application across use of force scenarios. This session addresses the clearly established standard, the ongoing debate over qualified immunity, and the respective roles of judge and jury.

Wayne C. Beyer

clock 3:20 pm - 3:25 pm EST

Closing Arguments and Jury Instruction Strategies

Wayne C. Beyer

Master effective closing argument structure for both plaintiffs and defendants in deadly force cases. Learn how to craft jury instructions that address qualified immunity without using that phrase and properly instruct on wrongful death and survival claims.

Wayne C. Beyer

clock 3:25 pm - 3:30 pm EST

Drafting Special Verdict Forms to Avoid Inconsistencies

Wayne C. Beyer

Understand why the verdict form may be the most important document a trial lawyer prepares. Learn key principles for joint tortfeasors, multiple theories, and structuring liability and damages questions to avoid inconsistent verdicts.

Wayne C. Beyer

clock 3:30 pm - 3:35 pm EST

Post-Trial Motions: Rules 50(b), 59, Remittitur

Wayne C. Beyer

Learn the three post-trial motions available after an adverse verdict and their distinct standards and purposes. This session covers preservation requirements, arguing weight of evidence under Rule 59, and the shock the conscience standard for remittitur.

Wayne C. Beyer

clock 3:35 pm - 3:40 pm EST

Calculating and Contesting Attorney's Fee Awards

Wayne C. Beyer

Master the lodestar calculation for prevailing plaintiff fee awards under 42 U.S.C. § 1988(b). Learn required adjustments for unsuccessful claims, proper documentation of fee petitions, and effective defense opposition strategies.

Wayne C. Beyer

01 16
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Key topics that will be covered

What will you learn

Attorneys will learn the complete litigation process for Section 1983 death and catastrophic injury cases, from case selection through post-trial motions and attorney's fees.

What will you gain

Attorneys will gain mastery of 15 critical stages in high-stakes police liability litigation, ensuring competent representation for plaintiffs or defendants in these matters.

Case Selection
Evaluate sympathetic victims, inflammatory facts, and Fourth Amendment seizure requirements for plaintiff cases.
Discovery
Obtain incident reports, training records, policies, and Monell pattern/practice information strategically.
Expert Witnesses
Retain police practices experts, economists, and medical examiners early in litigation.
Qualified Immunity
Navigate the objective test for whether officers violated clearly established law.
Trial Strategy
Master jury selection, evidentiary motions, closing arguments, and special verdict forms.
Post-Trial Motions
File Rule 50(b), Rule 59, and remittitur motions within 28 days of judgment.

What will you learn

Attorneys will learn the complete litigation process for Section 1983 death and catastrophic injury cases, from case selection through post-trial motions and attorney's fees.

What will you gain

Attorneys will gain mastery of 15 critical stages in high-stakes police liability litigation, ensuring competent representation for plaintiffs or defendants in these matters.

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Price varies based
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Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Wayne C. Beyer

Wayne C. Beyer

Experienced trial lawyer, author, presenter, and former federal official and administrative appeals judge specializing in police misconduct and corrections cases under Section 1983.

Education & Credentials

Degrees from Dartmouth College, Harvard University, and Georgetown University Law Center.

Recognition & Leadership

Author of law review and magazine articles and the leading 1540-page treatise 'Police Misconduct: A Practitioner's Guide to Section 1983' (JURIS 2018).

Professional Involvement

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 over 75 national webinars. Member of the N.H. and D.C. Bars.

Experience

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 previously as outside counsel to New Hampshire's Property and Liability Insurance Trust.

Wayne C. Beyer

Experienced trial lawyer, author, presenter, and former federal official and administrative appeals judge specializing in police misconduct and corrections cases under Section 1983.

Education & Credentials

Degrees from Dartmouth College, Harvard University, and Georgetown University Law Center.

Recognition & Leadership

Author of law review and magazine articles and the leading 1540-page treatise 'Police Misconduct: A Practitioner's Guide to Section 1983' (JURIS 2018).

Professional Involvement

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 over 75 national webinars. Member of the N.H. and D.C. Bars.

Experience

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 previously as outside counsel to New Hampshire's Property and Liability Insurance Trust.

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