This class focuses on legal analysis, guidance and interpretation of current laws addressing agency liability and current police practices in effective and constitutional operations. The training will review the legal standards applicable to Federal Civil Rights Law 42 U.S.C. §1983 by examining the legal standards applicable to Agency Liability pursuant the holding of the United States Supreme Court in Monell v. Department of Social Services. This training will review the manner in which Agency liability is established and the importance of understanding the Deliberate Indifferent standard, along with the Courts interpretation of the same.
At the 2019 DLG Use of Force Summit Attorney Daigle examined the use of current trends to protect yourself and your agency. This courses will examine and identify common legal standards applicable to the Use of Force. Specifically, the interpretation of words that are used every day in evaluating an Officer’s use of force. These words are Necessity, De-escalation, Proportionality and Incapacitation. This class will assess and interpret the legal standard that officers shall use on the amount of force necessary and reasonable to accomplish lawful objectives and to control a situation, effect an arrest, overcome resistance to arrest, or to defend themselves or others from harm.
This class will review the Court’s interpretation of De-Escalation and the clearly established law-related mental health response. The Courts often analyze the concepts regarding the need for using force and whether the use of force was related to the need to use force. Courts have a tendency to discuss de-escalation in situations when officers are dealing with individuals known to have or that appear to be suffering from mental illness or when individuals are suspected or are under the affects of excited delirium. This course will review the tactic of De-Escalation and its intent to place officers in a position of advantage when dealing with irrational, unpredictable or suicidal persons. De-Escalation helps officers stay focused and calm during a crisis situation to bring chaotic moments to as peaceful a resolution as the suspect will afford.
