Police Misconduct: A Practitioner's Guide to Section 1983
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Police Misconduct: A Practitioner's Guide to
Section 1983 is the first book you should buy and the
last one you will need on the topic. Written by a practitioner for practitioners
on both the plaintiff’s and the defense side, for judges and legal advisors, this book of over 1,500 pages is more than a treatise and more than just a
handbook. Citing hundreds of cases, with Appendices of dozens of forms, and
free annual supplements, this guide will be the most used and useful book in
the field. Police Misconduct: A Practitioner's Guide to Section 1983 combines 18 substantive chapters covering the law with 12 on practice. There are chapters on the Fourth, Fourteenth and First Amendments, on Qualified Immunity, Municipal Liability, Procedural Defenses and Damages, digesting hundreds of cases in high frequency and high exposure areas. The book discusses the latest Supreme Court cases, covers best practices, and offers practice chapters on the complaint, discovery and evidence, dispositive motions, trial and post-trial, including attorney’s fees--all with checklists, practice tips, and dozens of forms.
• The first 18 chapters cover the substantive law, both high-frequency and high exposure cases, under 42 U.S.C. §1983, the civil rights statute: After the introductory chapter (Chapter 1), Fourth Amendment searches of premises and persons (Chapters 2-3); arrests with and without warrants (Chapters 4-5); malicious prosecution and wrongful conviction (Chapter 6); non-deadly and deadly force (Chapters 7-8); pursuits (Chapter 9); Fourteenth Amendment, the duty of protection, including medical claims, cell suicides, “state-created danger” theory, equal protection, and procedural due process (Chapters 10-11); the First, Fifth, Sixth, Eighth Amendments and laws (Chapter 12); individual, supervisory and municipal liability (Chapter 13); absolute and qualified immunity (Chapter 14); claims against state and federal officials (Chapter 15); non-merits, procedural defenses (Chapter 16); damages and other relief (Chapter 17); and common law claims and defenses that are brought along with § 1983 claims (Chapter 18).
• Most substantive law sections begin with an introduction of key concepts and a checklist of issues the practitioner will encounter; then the leading and most-recent Supreme Court cases on the topic, followed by illustrative cases, described in detail and selected for their reasoning and importance; then additional authorities from Circuit and district courts; and finally practice tips for the litigator.
• The substantive law chapters feature hot topics, such as: the National Consensus Policy on the Use of Force issued by the International Association of Chiefs of Police (IACP) and ten other agencies; the Supreme Court’s recent decisions on use of force, Kingsley v. Henderson and County of Los Angeles v. Mendez, and qualified immunity, Mullenix v. Luna and White v. Pauly; the latest thinking of law enforcement on de-escalation and dealing with emotionally disturbed subjects, the Police Executive Forum’s (PERF’s) “30 Guiding Principles on Use of Force,” the Supreme Court’s decision in City and County of San Francisco v. Sheehan, and the Americans with Disabilities Act (ADA); the impact of police body worn cameras (BWCs) and citizen video phones on police liability; and revised Taser guidelines, DNA exonerations, shooting at vehicles, and positional asphyxia.
• The substantive law chapters also include Circuit-by-Circuit comparisons on important issues, like where Fourth Amendment scrutiny begins in a fatal police shooting, malicious prosecution under § 1983, and whether damages in survival and wrongful death cases follow state or federal law.
• The 12 practice chapters begin with investigation, representation and initial pleadings, with Appendices of sample representation agreements, complaints and answers based on a hypothetical referenced throughout the practice chapters (Chapter 19); cover discovery regarding plaintiffs and defendants, with motions to stay, suggested protective order and form interrogatories for both sides, including versions for non-deadly and deadly force (Chapter 20-21); and include the law and practical advice on the use of police practices experts (Chapter 22).
• The guide contains an entire chapter covering 54 evidentiary issues in alphabetical order for quick reference in pre-trial and bench conferences, and preparation of motions in limine and other memos of law (Chapter 23); it also covers motions practice, including for example motions to dismiss, motions for summary judgment, motions in limine and motions to exclude expert testimony, with illustrative examples and forms (Chapter 24); before the trial chapters, a separate chapter contains case evaluation models and settlement strategies (Chapter 25).
• Two chapters cover trial from the plaintiff’s perspective and the defense, with tips on jury selection, opening and closing, order of witnesses and pattern examinations (Chapter 26-27); another chapter covers three key issues at the close of trial: how to handle the qualified immunity issue, jury instructions, and special verdict forms, again with Appendices of sample non-standard instructions and special verdict forms for non-deadly and deadly force (Chapter 28); finally, the practice chapters guide the practitioner through post-trial motions under Federal Rules 50 and 59, with a representative motion and memorandum (Chapter 29); and the law and practice on attorney’s fee awards for successful plaintiffs.
Wayne Cartwright Beyer is a litigator, author, presenter, and former administrative appeals judge. He has been lead counsel in 300 to 350 police misconduct and corrections cases, including many jury trials, involving Fourth Amendment excessive force, false arrest, illegal search, fatal shootings, positional asphyxia, cell suicide, pursuits, failure to render medical assistance, failure to protect, First Amendment, malicious prosecution, and wrongful conviction. As a member of the District of Columbia and New Hampshire Bars, Attorney Beyer served as assistant corporation counsel, later known as assistant attorney general, for the District of Columbia, representing the Metropolitan Police Department and Department of Corrections, and before that as outside counsel to New Hampshire’s Property and Liability Insurance Trust, where he represented many of the State’s city and town police departments, and half the county jails. He has presented on police misconduct issues at national programs for Georgetown University Law Center, the Defense Research Institute, American Bar Association, the Federal Judicial Center for District and Magistrate Judges, and webinars for Lorman Education Services and Clear Law Institute. He is the author of law review and magazine articles on police misconduct, and a member of the Police Executive Research Forum, International Association of Chiefs of Police, and National Sheriffs Association. Attorney Beyer was an associate and partner at prominent New Hampshire law firms; was chief of staff of the U.S. General Services Administration; he rendered 750 final decisions on employment and labor issues for the Executive Branch of the United States Government as a member and administrative appeals judge, later as chairman and chief administrative appeals judge of the U.S. Department of Labor Administrative Review Board, and as a Presidential appointee and member of the Federal Labor Relations Authority. He holds degrees from Dartmouth College, Harvard University, and Georgetown University Law Center.
"Wayne Beyer brings decades of successful litigation experience to Police Misconduct: A Practitioner's Guide and passes his tips along in a hugely impressive 1498-page treatise that is both exhaustive and yet readily accessible. The reader immediately acquires the knowledge of one of the most experienced police misconduct litigators in the nation."
---Charles F. Abernathy, Professor of Law, Georgetown University Law Center
"As an organization that pushes back on uninformed, often misguided narratives that rush to judgment against our police when serious or deadly force is used, the Law Enforcement Legal Defense Fund welcomes the educational value Wayne Beyer's Guide represents. Too often, media 'talking heads' offer speculation and opinion filled with personal biases. With this guide, any person truly seeking knowledge on the law and its application in this field has a great place to start."
---Ron Hosko, President, Law Enforcement Legal Defense Fund (LELDF), Former Assistant Director, Federal Bureau of Investigation
"For the attorney first venturing into the field of police civil litigation or for the veteran there is a wealth of clear explanation and practical advice in Wayne Beyer's PMAPG that will assist in presenting a more focused case and in understanding the nuances of a superb presentation in court. It is an instant classic!"
--- G. Patrick Gallagher, President of the Gallagher-Westfall Group, police expert witness, and author of Successful Police Risk Management
"Wayne Beyer is one of the foremost experts in this country on the subject of police misconduct. "
---Ted Williams, attorney, news analyst, cable news contributor
"In the twenty-four years I’ve worked as a consultant and in the twenty-three years preceding that time as a supervisor and police officer for the City of Baltimore, I’ve worked with hundreds of attorneys throughout this country. Attorney Wayne Beyer is at the top of the list of those attorneys with regard to his ethics, professionalism, dedication to work, knowledge of the law, trial preparation and presentation."
---Charles J. Key, Charles J. Key Consulting
"Wayne Beyer has an encyclopedic knowledge of all facets of civil rights litigation. What separates him from the overwhelming majority of other experts on the topic is that he doesn't just talk the talk. He has walked the walk. He has researched the law in preparation of litigation, written responses to plaintiffs' legal teams, prepared briefs for those cases, conducted litigation conferences with defendant officers and their supervisors, prepared for and conducted depositions and finally stood in the courtroom in front of judges and juries, and successfully argued those cases. These numbers containing some or all of the aforementioned activities don’t count in the dozens,but in the hundreds. This is the experience he brings to the table in writing his book.. I am pleased see him avail to everyone interested, his knowledge in the form of a reference book."
---Michael L. Middleton, retired LAPD sergeant, civil rights investigator, industry consultant, and author of the Civil Rights and Law Enforcement Manual for the Commonwealth of Virginia
"Wayne Beyer is a 'complete package.' His experience in police civil litigation is broad and deep. I doubt there are many issues he has not dealt with. His knowledge and experience in this specialized field will be an invaluable tool for litigators and a reliable resource for researchers and academics."
---Robert E. Deso, litigator, former Deputy General Counsel for the D.C. Metropolitan Police Department
"I’ve had the pleasure of working with Wayne as a police practices expert. As a litigator he was passionate about his cases, always well prepared, and fought for his side in a respectful manner."
---Lou Reiter, Deputy Chief LAPD (retired) and police consultant