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Security Force and Tribal Law Enforcement
Liability




Police and security officers walk a fine line between acceptable and unacceptable uses of force. As a casino, hotel, tribal or BIA law enforcement or security officer, you face numerous situations requiring the use of varying degrees of force, and these situations may lead to allegations of police brutality or other constitutional violations.

This two-day class will cover the legal considerations surrounding the use of force, arrests and searches, as well as the criminal and civil liabilities involved with each. It will provide you with indepth coverage of your legal rights as a security official or law enforcement officer, the numerous mitigating factors that may be in your favor and a thorough understanding of “qualified immunity.”

You'll leave this class with a thorough understanding of the legal implications of using varying amounts of force to avoid costly and time-consuming litigation. 

T O P I C S   I N C L U D E
Historical Overview
  • Sovereign immunity
  • New federal status
  • Bivens v. Six Unknown Named Agents of BNDD
Impact on the Community
  • Role of law enforcement in the community
  • Community policing
  • Cultural history of tribal law enforcement
Use of Force
  • Controlling law
  • During arrest
  • In defense of a fellow officer’s or a civilian’s life
  • Authority over non-Indians
Scope of Employment
  • Types of law enforcement officials
  • Differences between security and law enforcement:
    • Legal rights
    • Duties
  • Crowd control
  • Use of unauthorized weapons
  • Off-duty situations
Arrests and Searches
  • Continuum of force
  • Mistaken identity
  • Confronting known violent suspects
  • Fleeing suspects
  • Obtaining and executing arrest warrants
  • Immediate entry issues
  • Rights of detainment
Qualified Immunity of Police Officers
  • Federal Tort Claims Act
  • Within scope of employment
  • Bivens v. Six Unknown Named Agents of BNDD
  • 42 U.S.C. 1983
Federal Tort Claims Act
  • Applicability to tribal contractors
  • Application of state tort law to tribal actions
Fourteenth Amendment Issues
  • Domestic violence issues
  • Excessive violence against minority groups
  • Discrimination issues
  • Equal protection
Human Factors
  • Recognizing emotional responses
  • Stress and fatigue
  • Acting on incorrect information
  • Planning limits
Criminal Liability of Officers
  • Federal civil rights statutes 18 U.S.C. 241, 242
  • Burden of proof/beyond reasonable doubt
  • Criminal penalties/sentencing
  • Defense tactics
Testifying as a Defendant
  • Records authentication
  • Police reports
  • Demeanor
  • Role reversal
  • Preparation
Other Issues
  • P.L. 280 — state jurisdiction in Indian Country
  • Transporting prisoners
  • Escorting prisoners
  • Use of informants
  • Liability insurance
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