Use of Force and Liability Management


Annual Excessive Force Complaints

badgeThe National Institute of Justice states “Broadly speaking, the use of force by law enforcement officers becomes necessary and is permitted under specific circumstances, such as in self-defense or in defense of another individual or group. There is no single, universally agreed-upon definition of use of force.”

Excessive force litigation has reached epidemic levels. Departments receive over 430,000 complaints of excessive force each year. Your officers risk being sued with every use of force. In fact, they can do everything right and still be sued or worse – criminally prosecuted. The good news – lawsuits can be won with the proper knowledge. This course gives your officers that skill set. Other classes provide the traditional (reactive) approach to use of force training. This presentation takes you to the next level and beyond with a proven, innovative, officer liability management system – a system that utilizes a proactive liability management strategy. With this strategy, the lawsuit is won before it is filed. The following are examples of what this proactive liability management and use of force course offers:

  • Six components of a proactive lawsuit defense
  • The major causes of criminal justice lawsuits
  • Proactive defense against criminal prosecutions for excessive force
  • How an officer’s actions and tactics create liability
  • Properly managing juror and witness perceptions of the use of force incident
  • Actions and evidence that damage officer credibility with jurors
  • Practical application of the standards that govern the use of force: ADA & federal case law
  • Proactive defense against stop and frisk litigation
  • Proactive defense against warrantless entry litigation
  • How integrated use of force option training proactively reduces wrongful death litigation
  • Factors and circumstances that justify the escalation of force
  • Proactive defense: understanding the continuum of force
  • Proactive defense: Effectively documenting the use of force incident
  • Maximum effect- properly photograph the suspect’s and officer’s injuries
  • Proactive defense: proper collection of Taser evidence
  • Proactive defense: litigation tested Taser reporting guidelines
  • Defensive use of the patrol car video (jury perception)
  • New revolutionary use of force report writing system
  • Ten elements of a properly written use of force report
  • Proactive defense: proper IA interview – Garrity v. civil litigation
  • Twelve litigation proven rules for the officer’s role in managing the use of force incident

Contact us to schedule a class or for more information.

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