2022 in Review – Law Enforcement Liability under § 1983

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2022, another important year for § 1983 practitioners. This program will keep you current. Supreme Court update: Malicious Prosecution after Thompson v. Clark; Miranda warnings after Vega v. Tekoh; limits on Bivens actions in Egbert v. Boule; and two per curiam qualified immunity decisions. Then mastering non-deadly and deadly force, with discussion of the fight or flight response, de-escalation, failure to intervene, choke holds following George Floyd, and what is a seizure after Torres v. Madrid? The use of no-knock warrants after Breonna Taylor. Plus, the evidentiary use of police standards and model policies. All this and links to resources to use in your practice. 

What this webinar will cover:

• Supreme Court cases from the 2021-22 term that decided what is a favorable determination for malicious prosecution, ruled that the failure to give Miranda warnings is not actionable under § 1983, declined to extend Bivens to an action against a border patrol agent, and denied qualified immunity in “obvious” cases.
• Guidelines for use of non-deadly force against actively resisting, fighting subjects and use of force during demonstrations.
• Use of deadly force against subjects with firearms and EDPs with knives, chokeholds and positional asphyxia, rules on shooting at vehicles, and the debate over vehicular and foot pursuits.
• Restrictions on no-knock warrants after Breonna Taylor.
• Evidentiary use of police general orders, model policies, and best practices on the “objective reasonableness” standard. Should they be part of the qualified immunity entitlement?
• Mastering damages, especially in death cases
• All this, plus, links to resources for the practitioner.

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