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Litigation, Public Law

Law Enforcement Use Of Force & Liability Conference

Co-presented by the Public Law and Litigation sections.

Earn 6.5 Hours MCLE Credit

Thursday, January 24, 2019
UC Berkeley
Boalt Hall
225 Bancroft Way
Berkeley, CA 94720

Brochure | Reg Form

Program Schedule

Thursday, January 24, 2019

7:45 – 8:15 a.m. | Registration
8:15 – 8:30 a.m. | Welcome and Opening Remarks

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

8:30 -10 a.m. | After the Critical Incident and Before the Litigation

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

10 – 10:15 a.m. | Break

10:15 – 11:45 a.m. | Racial Identity & Profiling

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

12 noon – 12:30 p.m. | Lunch
12:30 – 1:15 p.m. | Keynote

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
1:15 – 1:30 p.m. | Break
1:30 – 3 p.m. | Body Worn Camera and Effective Deposition Preparation

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
3 – 4:30 p.m. | Pursuit Policies: Compliance and Immunity in a Post-Ramirez World

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

Essential Information

Registration Fees

  • $175 Public Law Section Members
  • $225 Non-Section Members (includes enrollment in the Public Law Section for 2019)
  • $150 Paralegals / Non Attorneys
  • $100 Full-Time Law Students

Deadline

In order to pre-register, your form and check, payable to the California Lawyers Association, or credit card information, must be received by Thursday, January 17, 2019.

How to Register

  • Register Online
  • Fill out the registration form and mail to Program Registrations, California Lawyers Association, 180 Howard Street, Suite 410 San Francisco, CA 94105
  • Fill out the registration form and email to Program Registration at ProgramRegistrations@CALawyers.org. In order to email your registration, credit card information is MANDATORY. (Photocopies of checks will NOT be accepted.)

Cancellations/Refund Policy

Cancellations and requests for refunds must be received in writing no later than Thursday, January 17, 2019 and are subject to a $50 service charge. Refunds will not be available after this date. Substitute registrants are allowed but must register in their own name at the meeting to receive MCLE credit. Email ProgramRegistrations@CALawyers.org for more information.

Questions

For registration information call 415-795-7025. Telephone registrations will not be accepted. For program content and/or Section information call 415-795-7184.

Special Assistance

For special assistance, please call 415-795-7184.

MCLE

The California Lawyers Association, the Public Law Section, and the Litigation Section are approved State Bar of California MCLE providers.

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