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A Litigator's View of Discovery and Proof in Police Misconduct Policy

A Litigator's View of Discovery and Proof in Police. Misconduct Policy and Practice Cases. G. Flint Taylor. Follow this and additional works at: http://via. library.depaul.edu/law-review. This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul ...


On Employment Discrimination and Police Misconduct

police brutality.30. So far it appears that section 14141 cases brought by the DOJ will have to meet the same Monell requirements as cases brought by private individuals under section 1983.31 This means ...... generally G. Flint Taylor, A Litigator's View of Discovery and Proof in Police Misconduct. Policy and Practice Cases, ...



Oct 16, 2010 ... FEDERAL CIVIL RIGHTS CLAIMS NOT. SUBJECT TO TITLE 59 DEFENSES. ® Failure to intervene. ® Failure to protect. ® Escapes/chases. ® Inmate on inmate violence cases. ® Failure to enforce the law. ® Failure to arrest. 10. See Chapter 5, Title 59-Correction and police activities ...


When Police Officers Are Sued An Overview of Police Misconduct

In police misconduct cases, not only police officers, but their supervisors, agencies, and local ... case, which is initiated and managed by the State, a tort suit is a civil action brought by a Plaintiff against a ..... obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for ...


Use of Statistical Evidence to Prove Monell “Failure To” Discipline

Nov 14, 2007 ... 11 See David Jacks Achtenburg, Taking History Seriously: Municipal Liability Under 42 U.S.C. § 1983 and the. Debate Over Respondeat Superior, 73 Fordham L. Rev. 2183, 2191 (2005). 12 See G. Flint Taylor, A Litigator's View of Discovery and Proof in Police Misconduct Policy and Practice Cases,.



G. FLINT TAYLOR, A Litigator's View of Discovery and Proof in Police Misconduct . Policy and Practice Cases, 48 DePaul L. rev. 747 (1999). (hereafter “Litigator's View”). 6. A third possibility for local government liability is that final policy making authority has been granted to a particular official, and while exercising such ...


Section 1983: Civil Rights under Federal Law

Electronic Access: On the Law Library's computers, using WestlawNext. Discovery and Proof in Police Misconduct Cases KF 1307 .R93. Contains a variety of Section 1983 forms, including sample pleadings, discovery forms, and sample deposition scripts. Appendices and index included. Police Civil Liability KF 1307 .S55.


Proving the Lie: Litigating Police Credibility

485. IV. Judges Applying Enhanced Scmtiny and Permitting. Expanded Discovery and Full Dress Cross Examination of Police Witnesses ............................ 491 ..... of excluding illegally obtained evidence from trial as to deter future police misconduct). But .... of the lying police officer in a garden variety criminal case. Both the ...


14-1373 Utah v. Strieff (06/20/2016)

Jun 20, 2016 ... evidence suppressed. Held: The evidence Officer Fackrell seized incident to Strieff's arrest is admissible based on an application of the attenuation factors from. Brown v. Illinois, 422 U. S. 590. In this case, there was no flagrant police misconduct. Therefore, Officer Fackrell's discovery of a valid, pre-existing ...


Analysis of Videotape Evidence in Police Misconduct Cases

ANALYSIS OF VIDEOTAPE EVIDENCE IN POLICE. MISCONDUCT CASES. I. EVIDENTIARY PRINCIPLES GOVERNING VIDEO AND. COMPUTER SIMULATION EVIDENCE. A. Martin A. Schwartz. Many evidentiary issues arise with respect to videotape evi- dence and computer generated simulations. I will begin with the is ...



CONSTITUTIONAL LAW & CIVIL RIGHTS. Civil Rights Litigation and Attorney Fees Handbook (West, Current). Constitutional Law Deskbook 2nd (West, Current). Discovery and Proof in Police Misconduct Cases (Aspen, Current). Education Law: First Amendment Due Process & Discrimination Litigation (West, Current).


The Inevitable Discovery Rule - Justice Served or Justice Thwarted

Jul 16, 2012 ... sion of evidence obtained in a manner that directly undermines the constitutional rights of an accused). 18 See infra note 54 ..... discovery rule has provoked controversy, this case note observes how its inconsistent ... clusionary rule's inherent purpose–to deter police misconduct in the interests of advancing ...


Inevitable Discovery in Washington State and the Unreasonable

When evidence that would be used against a criminal defendant is the product of police illegality, the exclusionary rule .... for the application of the inevitable discovery exception to the exclusionary rule in this case, dis- cussed infra. [Vol. .... police conduct, but later, as a by-product of the misconduct. Id. at 443. 32. 98 Wash.


The Inevitable Discovery Exception, Primary Evidence, and the

Jessica Forbes, The Inevitable Discovery Exception, Primary Evidence, and the Emasculation of the Fourth Amendment, 55 Fordham L. Rev. 1221 (1987). Available at: ..... held that the exclusionary rule does not apply in grand jury proceedings, see id. at 351-52, ... evidence would deter police misconduct). The inevitable ...


Exposing Misconduct: Fixing the California Supreme Court's

Mar 26, 2012 ... March 2012]. POST-CONVICTION DISCOVERY. 929 investigating the events.5 In less than a week, his office dropped sixty- eight pending cases involving the same police officers due to insufficient evidence.6 Although Gascon disclaimed any conflict of interest based on the fact that he had been the Police ...



prosecutorial misconduct occurring not only during trial, but also before. II. Discovery ... witnesses in the prosecution's case-in-chief and rebuttal witnesses that the .... However, “evidence that is presented at trial is not considered suppressed, regardless of whether or not it had previously been disclosed during discovery.



Mar 13, 2008 ... witness statements, and other crucial documents. Materials that contradict the State's case or support a defense are frequently missing. Evidence that corroborates the defendant's story is mysteriously absent. Items that would impeach the police are nowhere to be found. Not only is the discovery often empty ...


Annotated Case Law on Electronic Discovery

Jun 1, 2006 ... tional, bad-faith destruction of e-mail messages central to the facts of the case ( later produced in hard copy form), .... tronic evidence in discovery, a finding made by the court prior to trial. Recounting the .... plaintiffs filed a motion for sanctions against the defendants for misconduct. The court found that the ...


The Inevitable Discovery Doctrine Today: The Demands of the

May 1, 1998 ... 6 An intervening act of free will is a good example of at- tenuation sufficient to break the causal chain between the evidence and police misconduct. ... discovery doctrine. II. ADOPTION OF THE INEVITABLE DISCOVERY DOCTRINE: THE WILLIAMS CASES. The Supreme Court adopted the inevitable ...


Whether Consent to Search Was Given Voluntarily: A Statistical

For this Note, the author gathered consent search cases and used statistical methods to analyze whether a correlation ... suppress evidence and various factors relating to the voluntariness of consent. The study shows a ... dence and factors related to police misconduct, and the absence of correlation for factors not related to ...