Live Seminar

Police Liability Claims from Start to Finish

Seminar

Date:

Friday, March 09, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78324ER

Location:

NIU Naperville Conference Center

1120 East Diehl Road

Naperville, IL 60563

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • IL CLE - 6.00

Other

  • IACET - 0.60

Program Description

An Essential Guide to Police Liability Claims

Increased media focus on police misconduct has brought the issue to the forefront of the public conscience. How prepared are you to handle the complexities of a police misconduct lawsuit? In this comprehensive overview of these contentious claims, experienced attorney faculty will share their years of experience so you can more effectively weigh the strengths and weaknesses of a claim, overcome document discovery hurdles, recognize inconsistencies in incident reports and more. Don't miss this practical seminar on the in's and out's of police liability claims - register today!

  • Obtain a solid bedrock knowledge of the state and federal laws under which a police liability claim can be brought.
  • Analyze police policies, records and reports for inconsistencies which can cast doubt on the other side's version of events.
  • Navigate the complexities of qualified, absolute and other law enforcement immunities, and understand the difficulties they cause for plaintiffs in police liability cases.
  • Confidently determine whether going to trial or reaching a settlement is the best option in a police liability case.
  • Understand how plaintiff attorneys use expert witnesses in police liability cases to highlight key errors in department policies.
  • Explore the ethical obligations attorneys must adhere to in a police liability case.

Who Should Attend

This basic-to-intermediate level seminar provides practical knowledge on police liability claims for:

  • Attorneys
  • Law Enforcement Officers
  • Local Government Officials
  • Paralegals

Course Content

  1. Understanding the Legal Fundamentals of Police Liability Claims
  2. Obtaining Key Information to Make or Break a Claim
  3. How the Defense Gets the Case Thrown Out: Qualified Immunity and Other Considerations
  4. Recent Police Misconduct Case Law and Legal Updates
  5. Settling Police Liability Claims
  6. Trial Essentials for Police Liability Cases
  7. Ethical Considerations

Continuing Education Credit

Continuing Legal Education – CLE: 6.00

International Association for Continuing Education Training – IACET: 0.60


* denotes specialty credits

Agenda / Content Covered

  1. Understanding the Legal Fundamentals of Police Liability Claims
    9:00 - 9:50, J. Allen Wall
    1. Civil Actions Under State Law
      1. Intentional Torts
      2. Negligence Actions
    2. Civil Rights Violations: 42 U.S. Code §1983 Basics
    3. Burdens of Proof and Statutes of Limitations for §1983 Claims
    4. The Duality of Liability Claims: The Individual and the Entity
    5. Choice of Venue
    6. The Role of Police Liability Insurers in a Claim
  2. Obtaining Key Information to Make or Break a Claim
    10:05 - 10:55, J. Allen Wall
    1. The Top Documents That Make or Break a Claim
    2. Discovery Restrictions on Police Records: State and Federal
    3. Obtaining Personnel Files, Disciplinary Records and Other Contentious Documents
    4. Motions in Limine and Other Defense Strategies to Limit Discoverable Material
    5. How Plaintiffs Prove the Scope of Discovery Requests are Relevant to the Case
    6. Key Individuals to Depose: The Obvious and Not-so-Obvious
    7. Spotting Inconsistencies in Policies, Records, Reports and Depositions
  3. How the Defense Gets the Case Thrown Out: Qualified Immunity and Other Considerations
    10:55 - 11:45, James V. Ferolo
    1. Qualified Immunity
    2. Absolute Immunity
    3. State Tort Immunities
    4. Plaintiff Strategies for Overcoming Immunity Hurdles
    5. Defense Strategies for Showing Immunity is Warranted
  4. Recent Police Misconduct Case Law and Legal Updates
    11:45 - 12:35, James V. Ferolo
  5. Settling Police Liability Claims
    1:35 - 2:25, Philip F. Cuevas and Patrick J. Ruberry
    1. When to Settle vs. When to go to Trial
    2. Negotiating Settlement Amounts
    3. Attorneys' Fees and Rule 68 Traps
  6. Trial Essentials for Police Liability Cases
    2:40 - 3:30, Philip F. Cuevas and Patrick J. Ruberry
    1. Jury Selection
    2. Ensuring Juries Understand Complex Legal Concepts
    3. Using Experts and Other Key Witnesses at Trial
    4. Proving or Disproving Damages are Warranted
  7. Ethical Considerations
    3:30 - 4:30, John M. O'Driscoll
    1. Contingent Fee Agreements
    2. Attorney's Obligation as an Officer of the Court
    3. Rules of Conduct for Advertising and Soliciting Clients
    4. Potential Conflicts Between Client's Civil Rights Case and Criminal Prosecution

PHILIP F. CUEVAS is a partner with Litchfield Cavo LLP where his practice is concentrated in the areas of commercial transportation, municipal law, and class action litigation. Mr. Cuevas has extensive litigation experience in cases involving catastrophic trucking accidents, federal civil rights, product liability, premises liability, class action litigation, and employment law. He is admitted to practice in Illinois; Indiana; and before the United States District Court, Northern District of Illinois, Central District of Illinois, Northern District of Indiana, Central District of Indiana, and Southern District of Indiana. Mr. Cuevas is a member of the Indiana Bar Association and the DuPage County Bar Association. He earned his B.A. degree from Illinois State University and his J.D. degree from The John Marshall School of Law.

JAMES V. FEROLO is an partner with Klein, Thorpe & Jenkins, Ltd., where his practice is concentrated on counseling local governmental entities in all areas of need and in representing such entities in both state and federal courts through trial. Mr. Ferolo serves as the principal attorney for the village of Wheeling, village of Mettawa, and the city of Highwood. He is a coauthor of the chapter on "Municipal Finance and Taxation" published by the Illinois Institute of Continuing Legal Education and a coauthor of various Illinois Municipal League publications covering sunshine laws, home rule, conflicts of interest, and liability of government officials. Mr. Ferolo has spoken on a variety of municipal law topics at seminars conducted by the Illinois Municipal League, the Illinois Institute for Local Government Law, and the Illinois Institute for Continuing Legal Education. He is a member of the Illinois State Bar Association's Local Government Committee and the Chicago Bar Association. Mr. Ferolo has been admitted to the bars of the state of Illinois, the U.S. District Court for the Northern District, and the Seventh Circuit Court of Appeals. He earned his B.A. degree from Northwestern University and his J.D. degree from Loyola University School of Law.

JOHN M. O'DRISCOLL is a partner with Tressler LLP where his practice includes representing companies and individuals in business disagreements and providing general counsel services to local governmental bodies such as municipalities, school districts and park districts. Mr. O’Driscoll handles a wide variety of disputes, such as business litigation, breaches of contract, construction issues, employment disputes, property damage, tort liability defense, Section 1983 claims, labor negotiations, internet defamation, ordinance violations, “sunshine laws” compliance, professional negligence matters and complex litigation. He is admitted to practice in Illinois and before the U.S. Court of Appeals, Seventh Circuit; U.S. District Court, Central District of Illinois; U.S. District Court, Northern District of Illinois; U.S. District Court, Southern District of Illinois; and the United States Supreme Court. Mr. O’Driscoll is a member of the American Bar Association, DRI (Commercial Litigation Committee and Professional Liability Committee), Illinois Association of Defense Trial Counsel (chair, Local Government Law Committee) and the Illinois Municipal League (Home Rule Attorneys Committee). He earned his B.A. degree from the University of Illinois at Urbana-Champaign and his J.D. degree from Indiana University Maurer School of Law at Bloomington.

PATRICK J. RUBERRY is a partner with Litchfield Cavo LLP where he handles a wide variety of civil matters, with an emphasis on Title VII and Section 1983 cases. Mr. Ruberry’s practice includes transportation and premises liability cases, as well as executive, professional, and employer liability defense; construction law; professional malpractice; administrative review; land use; and appellate matters. He is admitted to practice in Illinois and Indiana, and before the United States District Court, Northern District of Illinois; United States District Court, Central District of Illinois; United States District Court, Southern District of Illinois; and the United States Court of Appeals, Seventh Circuit. Mr. Ruberry earned his B.A. degree, summa cum laude, from the University of Illinois and J.D. degree from the University of Illinois.

J. ALLEN WALL is a partner with Klein, Thorpe & Jenkins, Ltd., where he practices in the areas of general litigation, municipal, library and school law. Mr. Wall received his B.A. degree, magna cum laude, from Williams College; his master's degree in English and education from Duke University; his master's degree and Ph.D. degree in philosophy from Northwestern University; and his J.D. degree from the University of North Carolina-Chapel Hill School of Law. Mr. Wall is the author of numerous book reviews and articles in the areas of philosophy and education. He published "Towards the Fundamental Right and Education Quality Strategy in Illinois School Finance Litigation," that appeared in West's Education Law Reporter. Mr. Wall coauthored “Unfunded Mandates: How Current Illinois Laws Fit Into The Bigger Picture,” which was published in the Illinois ASBO Update, spring 2013. He also coauthored IICLE Chapters “Formal Dismissal and Suspension Procedures Under Illinois Tenure Law” and “Special Assessments, Special Service Areas, and Business Districts.”

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

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

IL CLE: 6.00
This program has been approved by the Illinois MCLE Board for 6.0 hours of CLE credit, which includes approval for 0.0 hour of legal ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.


International Association for Continuing Education Training

N IACET: 0.60
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.6 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendee will be able to: 1. Describe 42 US Code Section 1983 basics. 2. State the discovery restrictions on police records. 3. Describe how qualified immunity works. 4. Identify two police liability legal updates. 5. State when to settle a police liability claim. 6. Describe how expert witnesses are used in police liability claims. 7. Describe an attorney's obligations as an officer of the court.

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Fax: 715.835.1405
Mail: NBI
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