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C.i.t. legal issues

C.i.t. legal issues. Attorney Elliot B. Spector Spector Criminal Justice Training Network www.spectortraining.org ebspector87@gmail.com Direct Line: 860-676-1115. TRAINING LIABILITY. Municipalities may be held liable for DELIBERATE INDIFFERENCE to a training need

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C.i.t. legal issues

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  1. C.i.t. legal issues Attorney Elliot B. Spector Spector Criminal Justice Training Network www.spectortraining.org ebspector87@gmail.com Direct Line: 860-676-1115

  2. TRAINING LIABILITY Municipalities may be held liable for DELIBERATE INDIFFERENCE to a training need Is it likely that a constitutional harm will occur if training is not provided? CANTON v. HARRIS BROWN v. BRYAN COUNTY

  3. MUNICIPALITY LIABILTY TESTS • Do you know to a moral certainty that officials perform the TASK in question? • Does the task present a DIFFICULT CHOICE (not mere common sense) OR is there a HISTORY of mishandling the task? • Will the wrong choice likely lead to a CONSTITUTIONAL HARM?

  4. REAL REASONS FOR PROVIDING TRAINING AND RESOURCES • TO REDUCE: • Trauma to families; • Trauma to officers; • Cost to taxpayers; • Officers’ time; • Investigations; and • Litigation.

  5. INITIAL ENCOUNTER CONSENSUAL ENCOUNTER STOP: Reasonable suspicion or Probable cause

  6. COMMUNICATIONS Communication personnel should at a minimum determine: • The nature of the incident & involved parties; • Weapons; • Injuries; • Location of the parties; • ID of caller and call back information (in critical incidents stay on line until officers arrive if possible)

  7. CUSTODY ISSUES • Probable Cause • Emotionally disturbed AND a danger to him/herself or others; OR gravely disabled AND in need of immediate care and treatment.

  8. CUSTODY ISSUES • What type of danger will justify taking a person into custody? • Choosing between Fourth Amendment violation AND Failure to Protect claim • Sick and dying but coherent • Providing medications

  9. FORCED ENTRIES • 1. Court order to take person into custody • a. In their home • b. In third party’s home • 2. POTENTIAL HARM

  10. USE OF FORCE • GRAHAM v. CONNOR: Reasonableness Test • 1. Severity of Offense • 2. Immediate Harm • 3. Resistance • Saucier v. Katz: Qualified Immunity • Hope v. Pelzar: Notice Issue

  11. AVOIDING EXCESSIVE FORCE CLAIMS • Ask how can situation be handled without use of force; • Any force used without a legitimate governmental purpose is unreasonable; • Stop others from using excessive force; • Control emotions and avoid using offensive language; • Write detailed-truthful-complete reports; and • Maintain professional demeanor and show you care.

  12. USE LESS LETHALS • TASERS and O/C SPRAYS • Reduce injuries to suspects and officers; • Reduce excessive force claims; • Use before physically engaging OR using more harmful weapons when feasible • Deaths are rarely attributable to less lethals

  13. DEADLY FORCE • Suicide by Cop • Gun Threats • Knives and Impact Weapons • No Weapons • Bottom-line: Risk of Serious Injury

  14. SUPERVISORY ISSUES • Direct Participation • Ordering Others • Duty to Control • KNOWLEDGE OF WRONGDOING AND FAILURE TO ACT

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