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

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.

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 | 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.

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