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Policing Under Section 1983: The year in review

Wayne Beyer
Wayne 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.

On-Demand: October 29, 2021

$195.00 2 hour CLE

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Program Summary

The year, 2020-21, has been a monumental one for policing in American. Get on top of the developments that will affect your practice. First, a review of the Supreme Court’s 2020-21 term: residential searches under Caniglia v. Strom; residential arrests under Lange v. California; and intent to restrain as a seizure under Torres v. Madrid. Next, the top ten ways policing after George Floyd and Breonna Taylor will affect your practice: from qualified immunity, choke holds, and no-knock warrants; to de-escalation, mental health calls and failure to intervene; to reforms in training and transparency in discipline; and changing concepts in law enforcement itself. All this, plus links to use in your practice.

Key topics to be discussed:

  • Supreme Court’s 2020-21 term in review: limitations on residential searches and arrests, but an expansion of what is a seizure
  • Mastering the state of mind requirement from “objective reasonableness” to “deliberate indifference” for individual, municipal liability, and punitive damages
  • Reforms that would limit qualified immunity, neck restraints, no-knock warrants, pursuits, shooting at vehicles, and require de-escalation of force and intervention
  • Training models that integrate assessment, communications, and tactics and replace the use of force continuum and 21-foot rule
  • Discipline that involves early warning, citizen review boards, public hearings, and access to disciplinary records
  • First Amendment, the right to protest, new concepts in crowd control
  • Legalization of drug possession and what that means to motor vehicle stops, searches, and arrests
  • Future of policing

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

*Book sold separately

Date: July 13, 2022

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.

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 dozens of 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’s 2020-21 term in review: limitations on residential searches and arrests, but an expansion of what is a seizure | 2:00-2:15
II.Mastering the state of mind requirement from “objective reasonableness” to “deliberate indifference” for individual, municipal liability and punitive damages | 2:15-2:30
III. Reforms that would limit qualified immunity, neck restraints, no-knock warrants, pursuits, shooting at vehicles, and require de-escalation of force and intervention | 2:30-2:45
IV. Training models that integrate assessment, communications, and tactics and replace the use of force continuum and 21-foot rule | 2:45-3:00

V. Break | 3:00-3:10

VI. Discipline that involves early warning, citizen review boards, public hearings, and access to disciplinary records | 3:10-3:25
VII. First Amendment, the right to protest, new concepts in crowd control | 3:25-3:40
VIII.Legalization of drug possession and what that means to motor vehicle stops, searches and arrests | 3:40-3:55
IX. Future of policing | 3:55-4:10

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