Police liability claims are on the rise. Do you have the knowledge to handle this type of case from start to finish? Are you up to date with the ins and outs of state and federal law involving civil actions against police departments and officers? Learn how to overcome any obstacle you may encounter with a police liability claim – order today!

1. Overview of State Law Involving Civil Actions Against Police Departments and Officers
2. Overview of Federal Law
3. Common Liability Issues
4. Understanding the Police Investigation and Disciplinary Process
5. Filing of a Civil Action
6. Ethics

Continuing Education Credits:   

* denotes specialty credits

1. Overview of State Law Involving Civil Actions Against Police Departments and Officers
   9:00 - 10:00, Jonathan M. Goodman and William K. McKinley
   1. Forms of Immunity
   2. Criminal Procedure Rules Regarding Arrest, and Search and Seizure
   3. State Laws or Attorney General Opinions Regarding Use of Force
   4. Current Case Law
2. Overview of Federal Law
   10:00 - 10:30 and 10:45 - 11:15, Michael J. Waxman
   1. Liability Under §1983
   2. History
   3. Elements
   4. Defenses
   5. Current Case Law
3. Common Liability Issues
   11:15 - 12:15, Jonathan M. Goodman and William K. McKinley
   1. Excessive Force
   2. Pursuit
   3. Wrongful Arrest and Malicious Prosecution
   4. False Imprisonment
   5. Shooting Incidents
   6. Automobile Incidents
   7. Detainee Suicides
   8. Off-Duty Activities
   9. Vicarious Liability of Supervisors and Department
4. Understanding the Police Investigation and Disciplinary Process
   1:15 - 2:15, John W. Chapman
   1. What Documents are Available for Discovery?
   2. Is a Civilian Entitled to Any Information During an On-Going Investigation?
   3. The Internal Affairs Process
   4. Subsequent Investigation by Attorney General or Other Governmental Agency
   5. Procedural Protections Due to Law Enforcement Officers
5. Filing of a Civil Action
   2:15 - 2:45 and 3:00 - 3:30, Michael J. Waxman
   1. Jurisdictions (Federal vs. State)
   2. Sovereign Immunity
   3. Discovery (Interrogatories, Request for Production of Documents, Request for Admissions)
   4. Understanding What Documents are "Out There"
   5. Breaking Through the "Blue Wall"
   6. Methods for Deposing Police Officers
   7. Development of Case
   8. Finding the Right Expert
6. Ethics
   3:30 - 4:30, John W. Chapman
   1. Who is the Client?
   2. Rules of Professional Conduct
   3. Avoiding Grievances/Malpractice
   4. Maintaining Client Confidentiality
   5. Conflicts of Interest

JOHN W. CHAPMAN is a member of the Portland law firm of Kelly & Chapman, where he practices in the areas of workers' compensation law, labor law, employee relations law, police liability, police misconduct and personal injury law. Mr. Chapman earned his A.B. degree, cum laude, from Bowdoin College and his J.D. degree from the University of Maine. He is a member of the Maine Trial Lawyers Association.

JONATHAN M. GOODMAN is an attorney with Troubh Heisler PA. He practices primarily in the areas of civil litigation, criminal defense, and labor and employment. Prior to joining the firm, Mr. Goodman was a litigator at a large Portland law firm. Before becoming an attorney, Mr. Goodman was a sergeant with the Portland Police Department, where his responsibilities included complex investigations in criminal and employment matters, collective bargaining, and supervising training and development. In 2005, he was the recipient of the Robert B. Ganley Public Service Award, the City of Portland's highest employee honor. Mr. Goodman currently serves as the president of the Board of Directors for Family Crisis Services, a local non-profit agency that is dedicated to helping victims of domestic violence. He received his B.S. degree, in business administration, from the University of Maine; his M.S. degree, in adult education, from the University of Southern Maine; and his J.D. degree from the University of Maine School of Law. He is admitted to practice for the State of Maine, United States District Court for the District of Maine, First Circuit Court of Appeals.

WILLIAM K. McKINLEY is a director in the firm Troubh Heisler PA. His practice is focused on civil litigation and labor law. Mr. McKinley represents various collective bargaining units including the Maine State Troopers Association, the Maine Association of Police and the Maine State Law Enforcement Association. He is a member of the Maine and Cumberland County bar associations. Mr. McKinley received his B.A. degree, summa cum laude, from Boston College and his J.D. degree from the University of Maine School of Law. He is admitted to the Maine Bar.

MICHAEL J. WAXMAN is a solo practitioner focusing in family law, personal injury, civil rights and legal malpractice. Mr. Waxman received his A.B. degree, magna cum laude, in psychology and social relations, from Harvard College and his J.D. degree, cum laude, from Boston College Law School. He is a frequent contributor to Portland Press Herald and Falmouth Forecaster.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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