CIVIL LIABILITY

Particularly in the high-risk, high liability areas of law enforcement, police leaders must constantly battle the threat of civil liability. Effectiveness is at stake in the battle. Today the media, the courts, and officers question whether law enforcement agencies have responsibly planned and prepared in the high-risk areas. The agency's written policies will be challenged and its programs of training, supervision, and discipline will be scrutinized closely.

If police officials have not dealt with these matters, supervisory liability, liability for negligent training, and municipal liability are likely to follow. Using a systematic, integrated approach, law enforcement leaders can minimize the potential for officer errors and virtually eliminate the threat of supervisory and municipal liability.

Target Audience:
Executive Law Enforcement Officers, Training Directors, Patrol Commanders

Course Length:
Two to Three Days

Featured Topics:
  • Understanding the Battlefield
    • Standards - Federal, State, Civil, Criminal
    • Avoiding Suits and Avoiding Liability
    • The Meaning of "Under the Color of Law"
    • On and Off Duty Conduct, Moonlighting
    • Winning Lawsuits
    • Good Faith and Qualified Immunity
    • Myths and Realities
    • Tactical Considerations
    • How to Never Lose
    • The Real Price of Civil Liability
    • Case Studies
  • Supervisors and Administrators
    • Selection and Retention Issues
    • Tracking and Warning Systems
    • The Deliberate Indifference Standard
    • Official Capacity Liability
    • Personal (Individual) Liability
    • The Myth of Vicarious Liability
    • Case Studies and Litigation Trends
    • Proactive Steps to Avoid Liability
    • What to Expect from Plaintiff
    • How to Prepare
  • Agency Liability
    • Policy and Custom After Monell
    • Plaintiff's Plan to Divide and Conquer
    • Indemnification and Conflicts of Interest
    • Plaintiff's Use of Experts - How to Get Ready
    • Four Tips for Policies, Procedures, and Rules
    • Records Retention and Maintenance
    • Canton v. Harris and Liability for Failure to Train
    • The Role of Training
  • Settlement Philosophy
    • When to Hold 'em and When to Fold 'em
    • Sun Tzu, Vince Lombardi, and Organizational Spirit
    • Tips for Damage Control
  • The Paradigm Shift: A Blueprint for Success
    • The Predictability of Lawsuits and Liability
    • Prioritization and Preparation
    • Integration of Policy, Training, and Supervision
  • Comprehensive Force Management
    • The Mission Statement and Philosophy of an Agency
    • Policy Development and Implementation
    • Training in Context
    • Achieving Baseline Competency
    • The Importance of Buy-In
  • Performance Enhancement
    • Defining Leadership in the Public Sector
    • The Rules for Reprimanding and Redirecting
    • The Rules for Affirming Desired Performance
    • The Relationship to the Probability of Success

Instructors:
This course will be taught by one or more of the following, depending upon your specific needs.
Robert F. Thomas, Jr.
Randolph B. Means
Gregory J. Connor
 

For more information or to schedule a seminar please call Thomas & Means at
704-895-5694
or e-mail us

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P.O. Box 2039
Huntersville, NC 28070
704-948-5608

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