Police Misconduct: A Practitioner's Guide to Section 1983

CLE trainings included with purchase:
Master police liability under § 1983 with this added bonus. Purchasing the book will also allow you to attend live or access the recordings for any JURIS hosted CLE programs with author Wayne Beyer. Once you have purchased the book, you can choose any or all of six, for-credit CLE webinars, each valued at up to $200. View full details and register for the programs here: https://jurispub.com/Police-Misconduct-Webinars.html

Complimentary Supplements:
Click here to download the complimentary cumulative supplement to Police Misconduct: A Practitioner's Guide to Section 1983.  This supplement includes the 2018 to 2021 supplements, the 2022 supplement, Law Enforcement Liability under Section 1983: 2022 in Review, and the current 2023 to 2024  supplement.  Combined, these supplements cover recent Supreme Court decisions to the 42 U.S.C. § 1983 practitioner, emerging trends in the Circuits and district courts, reforms after George Floyd and Breonna Taylor,  development of best practices by national police organizations, think tanks, and the U.S. Department of Justice, and links to resources for the practitioner.
 

Publication Description:
Police Misconduct: A Practitioner's Guide to Section 1983 is the first book you should buy and the last one you will need on the topic. Written by a practitioner for practitioners on both the plaintiff’s and the defense side, for judges and legal advisors, this book of over 1,500 pages is more than a treatise and more than just a handbook. Citing hundreds of cases, with Appendices of dozens of forms, and free annual supplements, this guide will be the most used and useful book in the field.  

Police Misconduct: A Practitioner's Guide to Section 1983 combines 18 substantive chapters covering the law with 12 on practice. There are  chapters on the Fourth, Fourteenth and First Amendments, on Qualified Immunity, Municipal Liability, Procedural Defenses and Damages, digesting hundreds of cases in high frequency and high exposure areas. The book discusses the latest Supreme Court cases, covers best practices, and offers practice chapters on the complaint, discovery and evidence, dispositive motions, trial and post-trial, including attorney’s fees--all with checklists, practice tips, and dozens of forms.
 
• The first 18 chapters cover the substantive law, both high-frequency and high exposure cases, under 42 U.S.C.  §1983, the civil rights statute: After the introductory chapter (Chapter 1), Fourth Amendment searches of premises and persons (Chapters 2-3); arrests with and without warrants (Chapters 4-5); malicious prosecution and wrongful conviction (Chapter 6); non-deadly and deadly force (Chapters 7-8); pursuits (Chapter 9); Fourteenth Amendment, the duty of protection, including medical claims, cell suicides, “state-created danger” theory, equal protection, and procedural due process (Chapters 10-11); the First, Fifth, Sixth, Eighth Amendments and laws (Chapter 12); individual, supervisory and municipal liability (Chapter 13); absolute and qualified immunity (Chapter 14); claims against state and federal officials (Chapter 15); non-merits, procedural defenses (Chapter 16); damages and other relief (Chapter 17); and common law claims and defenses that are brought along with § 1983 claims (Chapter 18). 


• Most substantive law sections begin with an introduction of key concepts and a checklist of issues the practitioner will encounter; then the leading and most-recent Supreme Court cases on the topic, followed by illustrative cases, described in detail and selected for their reasoning and importance; then additional authorities from Circuit and district courts; and finally practice tips for the litigator. 


• The substantive law chapters feature hot topics, such as: the National Consensus Policy on the Use of Force issued by the International Association of Chiefs of Police (IACP) and ten other agencies; the Supreme Court’s recent decisions on use of force, Kingsley v. Henderson and County of Los Angeles v. Mendez, and qualified immunity, Mullenix v. Luna and White v. Pauly; the latest thinking of law enforcement on de-escalation and dealing with emotionally disturbed subjects, the Police Executive Forum’s (PERF’s) “30 Guiding Principles on Use of Force,” the Supreme Court’s decision in City and County of San Francisco v. Sheehan, and the Americans with Disabilities Act (ADA); the impact of police body worn cameras (BWCs) and citizen video phones on police liability; and revised Taser guidelines, DNA exonerations, shooting at vehicles, and positional asphyxia.


 • The substantive law chapters also include Circuit-by-Circuit comparisons on important issues, like where Fourth Amendment scrutiny begins in a fatal police shooting, malicious prosecution under § 1983, and whether damages in survival and wrongful death cases follow state or federal law. 


• The 12 practice chapters begin with investigation, representation and initial pleadings, with Appendices of sample representation agreements, complaints and answers based on a hypothetical referenced throughout the practice chapters (Chapter 19); cover discovery regarding plaintiffs and defendants, with motions to stay, suggested protective order and form interrogatories for both sides, including versions for non-deadly and deadly force (Chapter 20-21); and include the law and practical advice on the use of police practices experts (Chapter 22). 


 • The guide contains an entire chapter covering 54 evidentiary issues in alphabetical order for quick reference in pre-trial and bench conferences, and preparation of motions in limine and other memos of law (Chapter 23); it also covers motions practice, including for example motions to dismiss, motions for summary judgment, motions in limine and motions to exclude expert testimony, with illustrative examples and forms (Chapter 24); before the trial chapters, a separate chapter contains case evaluation models and settlement strategies (Chapter 25).


 • Two chapters cover trial from the plaintiff’s perspective and the defense, with tips on jury selection, opening and closing, order of witnesses and pattern examinations (Chapter 26-27); another chapter covers three key issues at the close of trial: how to handle the qualified immunity issue, jury instructions, and special verdict forms, again with Appendices of sample non-standard instructions and special verdict forms for non-deadly and deadly force (Chapter 28); finally, the practice chapters guide the practitioner through post-trial motions under Federal Rules 50 and 59, with a representative motion and memorandum (Chapter 29); and the law and practice on attorney’s fee awards for successful plaintiffs.