Evaluation of Claims

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©2006 LLRMI/Jack Ryan. Evaluation of Claims. Through the Eyes of a Law. Enforcement Practices Consultant. Jack Ryan. 2006 ...
Evaluation of Claims Through the Eyes of a Law Enforcement Practices Consultant Jack Ryan ©2006 LLRMI/Jack Ryan

2006

What are high-risk critical tasks? • • • • •

Use of Force Pursuit EVOC Search/Seizure-Arrest Care, Custody, Control/Restraint of Prisoners • Domestic Violence

• Off-Duty Conduct • Sexual HarassmentDiscrimination • Selection/Hiring • Internal Affairs • Special Operations • Dealing with the Mentally Ill

©2006 LLRMI/Jack Ryan

Where do the standards come from? Standards: Legal Mandates Generally Accepted Practices: • Contemporary Literature • Common Practice • Model Policies • Commonly used and available law enforcement texts • Accreditation Standards • National Studies ©2006 LLRMI/Jack Ryan

Discovery…(Policy Issues) • What are the agency policies? – Does it matter? – Deposition? • Officer do you realize you violated policy?

• Deposition of policy makers Internal Affairs Conclusion-No policies violated. Fairley v. City of Long Beach, 281 F.3d 913 (9th Cir. 2002)

©2006 LLRMI/Jack Ryan

Your expert… • What do contemporary resources say on this particular policy • What do the model policies, to the extent they exist, say and what is the history? • Does CALEA have a directive and how long? • What do other agencies do on this topic? ©2006 LLRMI/Jack Ryan

Training discovery… • Was the officer/deputy trained on the highrisk critical task? • When? how often? – Is the particular task what law enforcement trainers consider a “perishable skill”

• Is training only offered to new trainees or is the department reaching back to inservice? See Lewis v. Chicago, 2005 U.S. Dist. LEXIS 7482 (N.D. ILL. 2005). ©2006 LLRMI/Jack Ryan

Training Discovery • What do the lesson plans and learning objectives say? • Is there documentation regarding this particular defendant officer?

©2006 LLRMI/Jack Ryan

Officer Deposition… • Does the defendant officer remember the training? • Does the defendant officer understand the concept? – Example Use of force and 4th Amendment

• Did the defendant officer apply the training?

©2006 LLRMI/Jack Ryan

Trainer Deposition… • Does the trainer, irrespective of the documented training, reach a conclusion on whether the defendant officer acted consistently with training?

©2006 LLRMI/Jack Ryan

Expert on training… • What do most agencies do on this topic with respect to training? • Is there some generally accepted practices? See, Allen v. Muskogee, 119 F.3d 837 (10th Cir. 1997). • Does training documentation meet accepted practices (FBI Instructor Development) ©2006 LLRMI/Jack Ryan

Expert… • What is the historical application of the police tactic, training and use. • How long has training been available to law enforcement • Has law enforcement generally adopted this practice and training… – Consider a practical example: ADA/Mental Illness ©2006 LLRMI/Jack Ryan

Supervisory Practices • Does agency review? • Any review patterns? • IA process and outcomes for similar cases? • Does agency care?

©2006 LLRMI/Jack Ryan

Applying an analysis • Use of Force: Standard-Graham, 490 U.S. 386 [1989] – Seriousness of offense – Physical Threat – Active Resistance or Attempt to Escape

©2006 LLRMI/Jack Ryan

Issues… • Were officers actions reasonable… – Look at generally accepted practice – Policy – Training

• Be careful of hanging up on policy that is more restrictive than the law – Least amount of force….

©2006 LLRMI/Jack Ryan

Training… • Was officer trained • What was trained • Did training meet generally accepted

©2006 LLRMI/Jack Ryan

Jack Ryan Legal & Liability Risk Management Institute 5101 Decatur Blvd. Suite L Indianapolis, Indiana (800) 365-0119 (401) 692-1555 Email: [email protected]

©2006 LLRMI/Jack Ryan