The Pre-Impeached Officer: Deposition Defense in Civil Rights Cases

Chris Balch
Chris Balch
Balch Law Group

Chris Balch of Balch Law Group has spent more than 30 years helping local government leaders work through complex legal matters, economic development, and community investment.

Adam Ainslie
Adam Ainslie
Miller Waxler LLP

Adam Ainslie is a Partner at Miller Waxler LLP with more than a decade of experience litigating high-exposure, complex cases throughout California in state and federal courts.

Live Video-Broadcast: November 9, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

 

Your officer is impeached before the deposition starts

The ground has shifted on both ends of the deposition. In Barnes v. Felix (2025), a unanimous Supreme Court rejected the moment-of-threat doctrine and mandated a totality-of-the-circumstances analysis with no temporal cutoff. The National Law Enforcement Accountability Database is gone after January 20, 2025, replaced by the National Decertification Index pointer system. And Axon’s Draft One now generates police reports and erases the original draft.

Skip the BWC reconciliation session, and the officer contradicts the video under whole-encounter questioning. Leave pre-seizure tactical choices unexplained, and plaintiffs’ counsel exploits the officercreated jeopardy exposure Barnes left unresolved. Ignore state disciplinary disclosures, and federal discovery surfaces them first. Miss what California SB 524 requires departments to preserve, and the erased AI draft becomes the deposition. Treat the AI-drafted report as the officer’s own, and FRE 901 authentication becomes the fight.

Attendees walk out with concrete deposition preparation protocols for whole-encounter testimony and articulable justifications for pre-seizure tactical choices. They also take a pre-deposition audit framework covering officer history, AI report authentication, and Section 1983 deposition question strategy for AIgenerated evidence. This is practitioner work product built on the speakers’ judgment, not a doctrine summary.

Key topics to be discussed:

  • Whole-Encounter Deposition Prep
    How Barnes v. Felix (2025) and its rejection of the moment-of-threat doctrine change officer preparation, from BWC reconciliation sessions and pre-seizure justifications to avoiding qualifiedimmunity-destroying admissions on officer-created jeopardy.
  • Post-NLEAD Background Audits
    What replaced the National Law Enforcement Accountability Database (NLEAD) after January 20, 2025, and how the National Decertification Index (NDI) pointer system actually works when auditing an officer’s history.
  • State Disclosures Meet Federal Discovery
    How the interplay between state disciplinary disclosures and federal discovery practice shapes what counsel must anticipate when defending law enforcement officers.
  • Draft One Evidentiary Gaps
    How Axon’s Draft One generates and erases police reports, and the evidentiary problems that creates when the officer is deposed on a report he did not write.
  • SB 524 Preservation Demands
    What California SB 524 requires departments to preserve, and how that changes what counsel can demand — and expect to face — in discovery.
  • AI Report Adoption and FRE 901
    Which deposition questions put the officer’s personal adoption of an erased AI draft in dispute, and where appellate authority stands on authentication and admissibility of AI-drafted police reports under FRE 901.

This course is co-sponsored with myLawCLE.

Date / Time: November 9, 2026

  • 2:30 pm – 4:40 pm Eastern
  • 1:30 pm – 3:40 pm Central
  • 12:30 pm – 2:40 pm Mountain
  • 11:30 am – 1:40 pm Pacific

Closed-captioning available

Speakers

Chris Balch, owner | Balch Law Group

Chris Balch of Balch Law Group has spent more than 30 years helping local government leaders work through complex legal matters, economic development, and community investment. His practice covers local government counsel and internal investigations, alongside land use and zoning, economic development consulting, and UAS implementation. He is regarded as a sought-after expert and speaker for local government lawyers across the country.

  • Education & Credentials

He is a graduate of the University of Tennessee and of Mercer University School of Law. After law school he clerked for two years for United States District Judge Duross Fitzpatrick in the Middle District of Georgia before entering private practice. He is a veteran of the United States Marine Corps, where he received the Navy Achievement Medal and the Good Conduct Medal.

  • Recognition & Leadership

In 2022 he received the Marvin J. Glink Private Practice Public Entity Attorney Award, which recognizes a private practitioner who has provided outstanding service to the public. He is the only International Municipal Lawyers Association Local Government Fellow in Georgia.

  • Professional Involvement

He is an acknowledged and sought-after expert and speaker for local government lawyers nationwide, and his legal scholarship appears in newsletters and professional journals.

  • Experience

His career began with a two-year federal clerkship in the Middle District of Georgia, followed by private practice. At Balch Law Group he counsels local governments on complex legal matters and internal investigations, and advises on economic development and community investment. He comes from a family of social justice advocates and decorated veterans.

 

Adam Ainslie, Partner | Miller Waxler LLP

Adam Ainslie is a Partner at Miller Waxler LLP with more than a decade of experience litigating high-exposure, complex cases throughout California in state and federal courts. His practice focuses on professional liability, public entity liability, and general liability. He represents public entities and their employees in a broad range of tort, civil rights, and employment matters, including claims involving dangerous roadway designs, negligent maintenance, emergency vehicle operations, and alleged constitutional violations. He has successfully defended law enforcement officers in civil rights cases involving excessive force, false arrest, warrantless detentions, fabricated evidence, judicial deception, malicious prosecution, and deliberate indifference to medical needs. His experience includes extensive first- and second-chair trial work, appellate advocacy, defense verdicts, summary judgments, and favorable resolutions. In addition to litigation, he advises governmental agencies on litigation strategy, risk management, and proactive risk mitigation.

  • Education & Credentials

Mr. Ainslie earned his Juris Doctor from Southwestern Law School, where he studied from 2013 to 2016 and participated in the Sports Law Society, Moot Court Honors Program, and Peer Mentor Program. He also attended the Donald E. Biederman Entertainment & Media Law Institute London Summer Abroad program in 2014. He earned his bachelor’s degree in Socio-Legal Studies & Ethics from Arizona State University in 2013, where he participated in the Sports Business Association..

  • Recognition & Leadership

During his legal education, Mr. Ainslie received the Wildman/Schumacher Scholarship from 2013 to 2016 and the Hon. Mayor Tom Bradley recognition, as partially listed in his profile. He served as President of the Southwestern Law School Sports Law Society from 2015 to 2016 and as Editor-in-Chief of The Law Commentator from 2014 to 2016. He also participated in the school’s Moot Court Honors Program and Peer Mentor Program.

  • Professional Involvement

Mr. Ainslie has been involved with the A New Way of Life Reentry Project as an Expungement Clinic Volunteer since October 2013, conducting client interviews in support of the organization’s civil rights and social action work. He also volunteered with Operation Gratitude from 2004 to 2007, assembling care packages for deployed troops. His academic involvement included the Southwestern Law School Sports Law Society, Moot Court Honors Program, Peer Mentor Program, and Arizona State University’s Sports Business Association.

  • Experience

Mr. Ainslie is currently a Partner at Miller Waxler LLP, a position he assumed in October 2026. Before joining the firm, he was a Partner at Collins + Collins LLP from January 2025 to October 2026, where his practice focused on professional liability, public entity liability, and general liability. He previously served as an Associate Attorney at Collins + Collins LLP from December 2016 through December 2024, progressing from an initial Law Clerk position at the firm. His responsibilities included managing complex, high-exposure civil litigation from pre-suit evaluation through trial and appeal. Earlier in his career, he served as Editor-in-Chief of The Law Commentator from May 2014 to May 2016, writing about sports law issues involving labor and employment, internet gambling, NCAA regulation, and intellectual property, while overseeing publication operations. He also worked as a Law Clerk in Business and Legal Affairs at FOX Sports from September to November 2015, drafting agreements involving live-event programming, television series, on-air talent, public relations, and university athletic sponsorships. Additionally, he served as a Summer Law Clerk at Collins Collins Muir + Stewart LLP from June to August 2015.

Agenda

SESSION 1 – Preparing the Officer for the Whole-Encounter Questioning in Excessive Force Depositions | Chris Balch | 2:30pm – 3:30pm

This session equips defense counsel with a framework for preparing law enforcement officers to testify across the full chronological arc of an excessive force encounter following the Supreme Court’s unanimous ruling in Barnes v. Felix (2025), which rejected the moment-of-threat doctrine and mandated a totalityof-the-circumstances analysis with no temporal cutoff. Attorneys will learn how to conduct BWC reconciliation sessions, build articulable justifications for pre-seizure tactical choices, and prevent qualified-immunity-destroying admissions under expanded whole-encounter questioning. Attendees will leave with concrete deposition preparation protocols addressing the officer-created jeopardy exposure that Barnes left unresolved and that plaintiffs’ counsel will actively exploit.

BREAK | 3:30pm – 3:40pm

SESSION 2 – Auditing the Officer’s Public Record and AI-Drafted Reports Before the Deposition | Adam Ainslie | 3:40pm – 4:40pm

This session teaches civil rights defense attorneys how to conduct a systematic pre-deposition audit of a law enforcement officer’s public disciplinary record and AI-generated incident reports. Attorneys will learn about officer disciplinary disclosure and evidence-preservation requirements, federal discovery and issues involving the rise AI-generated police reports, and practical deposition strategies for navigating challenges to an officer’s adoption of an AI-drafted report. Attendees will leave with a concrete audit framework covering officer history, AI report authentication, and Section 1983 deposition question strategy for AI-generated evidence.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General, 0 Technology in the Practice of Law

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours, 0 Technology Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive, 0 Law Practice Management

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General, 0 Technology

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours, 0 Other (Office Management) Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General, 0 Law Practice Management

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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