About This Course
A successful police misconduct practice under 42 U.S.C. § 1983 has three main issues at its core:
1) Discovery: This includes what law enforcement files are kept, a checklist of which ones should be requested by the plaintiff (including incident reports and investigations, officer personnel files, and Monell custom and policy related files)
2) Evidence: including 15 evidentiary issues, the admissibility of previous contact the plaintiff had with the police, prior officer discipline and citizen complaints, investigation results, and failure to follow better alternatives like de-escalation. This includes five evidentiary issues relating to testimony of police practices experts.
3) Motions: including the top 10 motions that a plaintiff or defense to file, covering pretrial motions in limine or to bifurcate, individual and municipal liability claims, three involving discovery, motions to dismiss and summary judgment, and motions at trial and post-trial under Federal Rules 50 and 59, and petitions for fees for prevailing plaintiffs.
