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Police Liability Under Section 1983: The Year in Review

(666 reviews)

Produced on April 11, 2019

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Course Information

Time 1h 32m
Difficulty Intermediate

Course Description

If you litigate or advise on § 1983, get ahead of the opposition. This webinar, presented by litigator Wayne Beyer, will cover new directions on the police use of force, trends, controversies, resources, and much more. It will help you to stay up-to the minute on the latest Supreme Court cases, taser use limitations, body worn cameras, and more.

Learning Objectives:

  1. Summarize Supreme Court cases decided in and pending in 2018-19: Kisela v. Hughes (qualified immunity defense to shooting); District of Columbia v. Wesby (qualified immunity defense to false arrest); Nieves v. Bartlett (probable cause defense to retaliatory arrest); and five others
  2. Know the limitations on Taser use and why Taser (now called Axon) discontinued its high risk X26 model
  3. Examine the most recent deadly force analysis after the Supreme Court’s rejection of the “provocation” theory in County of Los Angeles v. Mendez
  4. Discuss the use of force against EDPs (emotionally disturbed persons); de-escalation; the exigent circumstances exception to the ADA (Americans with Disabilities Act); re-thinking the 21-foot edged weapons rule; and defusing situations through ICAT (the Police Executive Research Forum’s Integrating Communications, Assessment, and Tactics) training
  5. Study the IACP (International Association of Chiefs of Police) consensus policy against shooting at vehicles and Supreme Court cases going in a different direction like Mullenix v. Luna and Plumhoff v. Rickard on qualified immunity
  6. Get up-to-speed on the body worn camera (BWC) debate on when officers should view their recordings
  7. Identify resources and links you can use in your practice 

Credit Information

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Wayne C. Beyer is a litigator, author, presenter, and former administrative appeals judge. He has been lead counsel in over 300 police misconduct cases, including dozens of 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. Beyer was an assistant attorney general for the District of Columbia (previously called assistant corporation counsel) and outside counsel to New Hampshire’s Property and Liability Insurance Trust. He has been a presenter at national programs for Georgetown University Law Center, Defense Research Institute, the American Bar Association and the Federal Judicial Center for District and Magistrate Judges, and more recently for numerous webinar providers. Beyer is the author of law review and magazine articles on police misconduct, including the 1,540-page treatise and handbook, Police Misconduct: A Practitioner’s Guide to Section 1983, available from Juris Publishing at http://www.jurispub.com/ Bookstore/United-States/Police-Misconduct.html. He is a member of the International Association of Chiefs of Police, National Sheriffs Association, and Police Executive Research Forum. He was an associate and partner at prominent New Hampshire law firms; chief of staff U.S. General Services Administration; and he rendered 750 final decisions on employment and labor issues for the Executive Branch of the United States Government as member, chairman, chief judge, U.S. Department of Labor Administrative Review Board and member Federal Labor Relations Authority. Beyer holds degrees from Dartmouth College, Harvard University, and Georgetown University Law Center.


Jakki H.

Really fantastic presentation. Really.

Gary M.

Lot of good info and resources.

Sydney O.

Excellent, excellent, substantive and practical information.

Maria P.

Thank you.

Paul I.

Excellent additional resource materials cited.

Michael A.

One of the best CLE's I've done in 10 years

Robert L.

A wealth of resources referenced and given by the attorney expert in the field of section 1983 violations.

Daniel G.

Excellent review of the Supreme Court cases on use of force and very topical in light of the George Floyd case.

Michael F.

Great class!

Brian P.

This was one of your best CLEs both in content and the quality of the speaker.

William M.


Kristin W.

The presenter did a good job of distinguishing the nuances between various cases.

Tom M.


Melissa M.

Great presentation. The presenter was very interesting and presented very well.

Dianna B.

Excellent presentation

abigail C.

Very relevant for our time!

Daniel G.

Wayne was great!

Kyle S.

Tremendous resources provided. Great research and SME.

Mark R.

Excellent distillation of SCOTUS history of Qualified immunity

David T.

Very informative- will look at buying the book.

Susan D.

Excellent CLE!

Heather R. W.

Interesting course presented by an instructor with clear expertise and experience in the subject matter.

Donald T.

His providing extensive external resources could be very valuable and was above the norm.

William F.

Very informative course.

Anne Marie D.

One of the most extensively researched programs I have seen.

Melissa P.

Well done. Very informative and well delivered

Jeff R.

Excellent speaker and very knowledgeable about the subject matter.

michele m.


Kimberly R.


Rogelio P.

good use of case law

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