Law Enforcement Use Of Force & Liability Conference

Welcome and Opening Remarks by UC Berkeley School of Law Dean Erwin Chemerinsky

Be prepared for the many issues that will arise even before your agency is sued. The panel will discuss their personal experiences dealing with the multitude of issues that arose in the aftermath of a critical incident involving the shooting by a sheriff’s deputy of a 13 year old Hispanic boy carrying a replica fire arm in Sonoma County. Discussion will include such issues as invoking the critical incident protocol; issuing press releases and responding to media inquiries; dealing with elected officials; preparing for community protests and other actions; investigations by the District Attorney and the importance of coordination amongst involved agencies.

Speakers:

• Jill Ravitch, Sonoma County District Attorney
• Tom Schwedhelm, Mayor, City of Santa Rosa
• Caroline Fowler, Deputy District Attorney, Sonoma County and Former City Attorney for the City of Santa Rosa

Recent events have placed a spotlight on racial profiling by police. This session will address legal limitations governing the use of race by law enforcement and the impact of the Racial Identity and Profiling Act of 2015 (RIPA—A. B. 953, Gov. Code, § 12525.5). The discussion will include RIPA’s stop data regulations requiring officers to identify race and other characteristics, a summary of the RIPA Board’s first report on racial identity and profiling, community perspectives on racial profiling, and best practices for compliance. The panel will also discuss practical considerations in implementing RIPA, including reducing racial profiling, defining a stop during crowded events, and the burden for officers in complying.

Speakers:

• Angela Sierra, Chief Assistant Attorney General at the California Department of Justice and RIPA Board member
• Joseph Farrow, U.C. Davis Police Chief, former CHP Commissioner and former RIPA board member

Seminal Supreme Court decisions impacting police use of force and their lasting impacts on policing in America. The program charts Supreme Court precedent as applied to actual instances involving the use of police force to demonstrate how these decisions have led to persistent concerns about excessive force and policing policies.

Speaker:

• Dean Erwin Chemerinsky, UC Berkeley School of Law

This panel will discuss various body-worn camera policies and their impacts on preparing officers for depositions and testimony. This will include handling conflicts between reports and video recordings and techniques to effectively prepare officers for depositions and other related testimony. Participants will learn strategies for officer preparation, confidence building, and anticipated cross-examination, keys to a successful defense.

Speakers:

• Dana Fox, Partner, Lewis, Brisbois, Bisgaard & Smith
• Moses Johnson, Asst. City Attorney, City of Anaheim
• Cory Brente, Sr. Asst. City Attorney, City of Los Angeles
• Eugene Ramirez, Partner, Manning & Kass, Ellrod, Ramirez, Trester, LLP

Recently, the Supreme Court of California held that a public agency’s pursuit policy must include a written certification requirement under CA Vehicle Code section 17004.7 but that 100 percent compliance was not a prerequisite to receiving immunity from damages incurred from a vehicle pursuit. This panel will discuss what qualifies as compliance and how to demonstrate good faith efforts in developing effective pursuit policies.

Speakers:

• Noah Blechman, Partner, McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP
• Steve “Pappy” Papenfuhs, Former San Jose Police Sergeant and President of Insight Training Strategies