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.
This course is co-sponsored with myLawCLE.
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