BCCO PCT #4 PowerPoint AND Intermediate USE of FORCE TCOLE Course # 2107 UNIT FIVE

ADMINISTRATIVE Please complete the BCCO PCT #4 Registration form and turn it in now. Make sure you sign TCOLE Report of Training (PID#, Full Name and DOB). All cell phones off please – pay attention to course materials and show common respect & courtesy.

About Your Instructor Course Facilitator - Mentor George D. Little A.S. & B.S. Criminal Justice & Sociology B.S.CJ Wayland Baptist University, San Antonio M.S. Criminology & Counter-Terrorism University of the State of New York 2012 T.C.L.E.O.S.E. Professional Achievement Award Certified Crime Prevention Specialist (C.C.P.S.) TCLEOSE Basic Instructor Certificate 1984 TCLEOSE Master Peace Officer 1991 MP Special Operations Operator Counter-Terrorism 1988 Graduate Drug Enforcement Administration Academy years Law Enforcement Experience 39-Years Teaching & Instructor Experience

Learning Objectives Learning Objective 5.0 Learning Objective 5.0 : Expose participant to a myriad of legal issues that revolve around the inappropriate use of force. Legal issues that will be covered include criminal liability, civil torts, civil rights violations, damages, attorney fees, constitutional rights, vicarious liability legal theories, and defense strategies. The student will be able to demonstrate on a written objective type examination an understanding of this area to a specified percentage.

Learning Objective 5.1 Learning Objective 5.1 : Participant will be able to identify the possibilities of criminal charges being filed in civil rights cases involving excessive force. Learning Objective 5.2 Learning Objective 5.2 : Participant will be able to define and identify tort suits, the three degrees of tort actions, and breach of duty. Learning Objective 5.3 Learning Objective 5.3 : Participant will be able to identify governmental liability under the Texas Tort Claims Act.

Learning Objective 5.4 Learning Objective 5.4 : Participant will be able to identify the four elements of Title 42 U.S.C. Section 1983, the Civil Rights Act of Learning Objective 5.5 Learning Objective 5.5 : Participant will be able to identify major constitutional provisions that are used as the basis for Section 1983 actions involving police use of force. Learning Objective 5.6 Learning Objective 5.6 : Participant will be able to identify certain basic principles of the nature and scope of Section 1983 that have emerged from Supreme Court decisions.

Learning Objective 5.7 Learning Objective 5.7 : Participant will be able to identify types of relief or damages that are available in a tort or Section 1983 suit. Learning Objective 5.8 Learning Objective 5.8 Participant will be able to identify the potential for loss of large sums of money to pay for attorney fees under Title 42 Section 1988 U.S.C.A. even if compensatory or punitive damages are small. Learning Objective 5.9 Learning Objective 5.9 : Participant will be able to identify opportunities for legal representation and indemnification as provided by statute, local ordinance, or local policy in an excessive force case.

Learning Objective 5.10 Learning Objective 5.10 : Participant will be able to identify the role their agency's written directives have in the officer's liability. Learning Objective 5.11 Learning Objective 5.11 : Participant will be able to identify officer liability in not following prudent police procedures prior to the decision to use force. Learning Objective 5.12 Learning Objective 5.12 : Participant will be able to identify possible personal liability for failure to stop other officers from using excessive force in his presence.

Learning Objective 5.13 Learning Objective 5.13 : Participant will be able to identify factors that the courts use to determine if unreasonable force was used in a case. Learning Objective 5.14 Learning Objective 5.14 : Participant will be able to identify factors relating to police negligence in establishing or maintaining roadblocks in police emergencies. Learning Objective 5.15 Learning Objective 5.15 : Participant will be able to identify fourth amendment applications to excessive force cases.

Learning Objective 5.16 Learning Objective 5.16 : Participant will be able to identify the concepts of vicarious liability. Learning Objective 5.17 Learning Objective 5.17 : Participant will be able to identify seven most common ways for vicarious liability to be established in federal civil rights violation cases. Learning Objective 5.18 Learning Objective 5.18 : Participant will be able to identify the issue of good faith as it affects officer liability and the liability of local government.

FORWARD

SOURCES All Course Sources and/or Resources are listed in your Participant Handout Intermediate USE OF FORCE Participant Handout Bexar County Constable Office PCT#4 TEXAS COMMISSION ON LAW ENFORCEMENT Course # 2107 TRAINING SUPPLEMENT Hosted By:

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