Discovery, Evidence, and Motions Practice under Section 1983 Police Liability

Wayne C. Beyer
Wayne C. Beyer |

Wayne C. Beyer is an experienced trial lawyer, author, presenter, and former federal official and administrative appeals judge.

On-Demand: September 7, 2023

This class is included in the Federal Bar Association CLE Pass

Subscribe to Federal Bar Association CLE Pass...
Co-Sponsored by myLawCLE
Get this course, plus over 1,000+ of live webinars.
Learn More
MCLE Credit Information:

Select Your State Below to View CLE Credit Information

1.5 hour CLE
Tuition: $195.00
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

This practical webinar will cover three main topic areas that are at the core of any successful police misconduct practice under 42 U.S.C. § 1983. First, discovery: what law enforcement files are kept, which ones the plaintiff should request and how the defense can protect them, including incident reports and investigations, officer personnel files, and Monell custom and policy related files; and a checklist of discovery the defense should obtain from the plaintiff. Second, evidence: 15 evidentiary issues, including admissibility of the plaintiff’s previous contacts with police, prior citizen complaints and officer discipline, results of the investigation, and failure to follow better alternatives like de-escalation; plus, five evidentiary issues relating to testimony of police practices experts. Third, the top 10 motions for the plaintiff or the defense to file, covering three involving discovery, motions to dismiss and summary judgment, pretrial motions in limine or to bifurcate individual and municipal liability claims, motions at trial and post-trial under Federal Rules 50 and 59, and petitions for fees for prevailing plaintiffs.

Attorneys for both plaintiffs and the defense will be able to:

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Identify, obtain, or protect discovery regarding police investigations and claims of privilege, party and non-party police personnel files, and potentially burdensome discovery regarding unconstitutional practices, policies, and customs
  • Prepare for evidentiary issues that will affect your case, such as the plaintiff’s criminal record; how much of the incident investigation will be admitted into evidence; prior complaints, discipline, even termination of police officer defendants; whether local or national standards of police procedure will be discussed, and allowed as evidence; whether the jury will be permitted to consider better alternatives, such as de-escalation; and why demonstrations are admitted but reenactments frequently are not
  • Understand the limits of expert testimony, whether the police practices expert must testify according to national standards or can rely on personal experience and training; whether the
    expert can find facts, assess credibility, address the ultimate issue of liability, and testify that violations in accepted procedure caused the incident
  • Know when to file motions to dismiss and for summary judgment and the governing standards; motions to stay, protect, compel discovery; pre-trial motions for admit or exclude evidence; the must-make Federal Rule 50(a) argument; and what can be argued post-trial under Rule 50(b) and Rule 59
  • What a prevailing plaintiff’s fee petition under § 1988 should contain, and the defense’s best arguments for opposing it

Police Misconduct: A Practitioner’s Guide to Section 1983

Publisher discount exclusive to myLawCLE course viewers. Publication details here.

Date / Time: January 17, 2024

Closed-captioning available

Speakers

Wayne-C.-Beyer_FedBarWayne 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/PoliceMisconduct.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 [email protected]; (603) 356-5106

Agenda

I. Identify, obtain, or protect discovery regarding police investigations and claims of privilege, party and non-party police personnel files, and potentially burdensome discovery regarding unconstitutional practices, policies, and customs | 2:00pm – 2:30pm

II. Prepare for evidentiary issues that will affect your case, such as the plaintiff’s criminal record; how much of the incident investigation will be admitted into evidence; prior complaints, discipline, even termination of police officer defendants; whether local or national standards of police procedure will be discussed, and allowed as evidence; whether the jury will be permitted to consider better alternatives, such as de-escalation; and why demonstrations are admitted but reenactments frequently are not | 2:30pm – 2:50pm

III. Understand the limits of expert testimony, whether the police practices expert must testify according to national standards or can rely on personal experience and training; whether the expert can find facts, assess credibility, address the ultimate issue of liability, and testify that violations in accepted procedure caused the incident | 2:50pm – 3:00pm

Break | 3:00pm – 3:10pm

IV. Know when to file motions to dismiss and for summary judgment and the governing standards; motions to stay, protect, compel discovery; pre-trial motions for admit or exclude evidence; the must-make Federal Rule 50(a) argument; and what can be argued post-trial under Rule 50(b) and Rule 59 | 3:10pm – 3:35pm

V. What a prevailing plaintiff’s fee petition under § 1988 should contain, and the defense’s best arguments for opposing it | 3:35pm – 3:40pm

Preview
More CLE Webinars
Trending CLE Webinars
The Corporate Transparency Act Reporting Obligations
The Corporate Transparency Act Reporting Obligations
Law Offices of Jonathan H. (Jason) Warner, P.A.
On-Demand
IRS Penalty Abatement Made Easy
IRS Penalty Abatement Made Easy
Green & Sklarz, LLC
On-Demand
Gun Trust Law (2024 Edition)
Gun Trust Law (2024 Edition) Wed, October 23, 2024
On-Demand
Live Replay
Revocable Living Trusts from Start to Finish (2024 Edition)
Revocable Living Trusts from Start to Finish (2024 Edition) Wed, October 30, 2024
On-Demand
Live Replay
Lawyers Serving on Boards
Lawyers Serving on Boards Thu, October 17, 2024
On-Demand
Live Replay
Essential Accounting Principles Every Attorney Should Know
Essential Accounting Principles Every Attorney Should Know
LaPorte CPAs & Business Advisors
On-Demand
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics)
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics) Fri, October 18, 2024
On-Demand
Live Replay
Tax Opportunity Zones (2024 Edition)
Tax Opportunity Zones (2024 Edition)
Blank Rome LLP
On-Demand
Litigating Libel and Defamation Cases
Litigating Libel and Defamation Cases
Callahan & Blaine, APLC.
On-Demand
Will Drafting 101 (2024 Edition)
Will Drafting 101 (2024 Edition)
Partner, Davenport Evans Lawyers
On-Demand
Federal Indian Law 101 (2024 Edition)
Federal Indian Law 101 (2024 Edition)
Holland & Knight LLP
On-Demand
Upcoming CLE Webinars
Charitable Solicitation Laws
Charitable Solicitation Laws Tue, October 15, 2024
Live Webcast
Inside Secrets to Getting Rid of Tax Penalties (2024 Edition)
Inside Secrets to Getting Rid of Tax Penalties (2024 Edition) Wed, October 16, 2024
On-Demand
Live Replay
Medical Records A-Z: What attorneys need to know (2024 Edition)
Medical Records A-Z: What attorneys need to know (2024 Edition) Wed, October 16, 2024
On-Demand
Live Replay
Lawyers Serving on Boards
Lawyers Serving on Boards Thu, October 17, 2024
On-Demand
Live Replay
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics)
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics) Fri, October 18, 2024
On-Demand
Live Replay
Maritime Finance 101
Maritime Finance 101 Wed, October 23, 2024
Live Webcast
Gun Trust Law (2024 Edition)
Gun Trust Law (2024 Edition) Wed, October 23, 2024
On-Demand
Live Replay
Litigating Defamation Cases (2024 Edition)
Litigating Defamation Cases (2024 Edition) Thu, October 24, 2024
Live Webcast
Real Estate Law Fundamentals
Real Estate Law Fundamentals Tue, October 29, 2024
Live Webcast
Final Accounting: Estate administration essentials
Final Accounting: Estate administration essentials Tue, October 29, 2024
Live Webcast
Judicial Misconduct & Regulating Judicial Ethics
Judicial Misconduct & Regulating Judicial Ethics Wed, October 30, 2024
Live Webcast