1 University of La Verne College of Law February 7 8, 2013 Ayres Hotel & Suites Ontario Convention Center 1945 East Holt Boulevard Ontario, CA
2 Thursday, February 7 8:00 am to 8:45 am Continental Breakfast 8:45 am to 9:00 am Welcome and Introduction President Devorah Lieberman, University of La Verne; Philip A. Hawkey, Dean, University of La Verne College of Law 9:00 am to 10:30 am Basics of Civil Rights Litigation What are the pleading requirements? What is under color of law? Venue (State Court v. Federal Court), Who has standing? What is the evidentiary standard? Individual Capacity v. Official Capacity? What are the practical considerations in dealing with clients? 10:30 am to 10:45 am Break Speakers: John M. Porter, Lewis Brisbois Bisgaard & Smith LLP; Dale K. Galipo, Law Offices of Dale K. Galipo 10:45 am to 12:00 pm The Finer Points of Heck v. Humphreys and Section 1983 Litigation 12:00 pm to 12:45 pm Lunch Speaker: Timothy T. Coates, Greines, Martin, Stein & Richland LLP 12:45 pm to 2:00 pm Recent Developments Regarding Immunities for Section 1983 Claims 2:00 pm to 2:15 pm Break Speaker: Erwin Chemerinsky, Dean, University of California, Irvine, School of Law 2:15 pm to 4:30 pm Civilian Oversight of Police Departments Both civilian and governmental oversight, typically arising out of a significant critical incident, is on the rise. What are the events that trigger this type of oversight? What are the models for this oversight and how do they impact the relationship between law enforcement and citizens? Speakers: Laurie L. Levenson, Professor of Law, Loyola Law School; Michael Gennaco, Office of Independent Review, Los Angeles County; Frank Hauptmann, Community Police Review Commission, City of Riverside; Peter Bibring, ACLU of Southern California
3 Friday, February 8 8:00 am to 8:30 am Continental Breakfast 8:15 am to 8:30 am Introduction Tiffany Graham, Associate Dean for Academic Affairs and Professor of Law, University of La Verne College of Law 8:30 am to 10:00 am Attorneys Fees Awards in Section 1983 Litigation How does 42 USC 1988 drive civil rights litigation? Who is a prevailing party and how do they recover fees? What fees can be recovered and what are the practical issues in obtaining such fees? Does the losing party have the ability to challenge the award of fees? 10:00 am to 10:15 am Break Speakers: Judge (Ret.) Stephen Larson, Arent Fox LLP; Timothy T. Coates, Greines, Martin, Stein & Richland LLP 10:15 am to 11:30 pm Intermediate Force What are they? What is the risk? Liability for deployment? Training Issues. How have the recent cases of Mattos, Brooks and Young changed the way these tools are deployed? 11:30 pm to 12:30 pm Lunch Speakers: Eugene P. Ramirez, Manning & Kass, Ellrod, Ramirez, Trester LLP; Lieutenant Bruce Blomdahl, Riverside Police Department 12:30 pm to 2:00 pm Section 1983 and the First Amendment These issues manifest in numerous ways, Public Employee Speech, Social Media and the Occupy Movement are a few examples. How do these facts turn into Civil Rights cases? What is the law that applies to these facts? Speakers: J. Scott Tiedemann, Liebert Cassidy Whitmore; Gary Rowe, Greines, Martin, Stein & Richland LLP; Peter Eliasberg, ACLU of Southern California 2:00 pm to 3:45 pm Dealing with Special Contacts Are there special rules that apply to dealing with Emotionally Disturbed Persons? Minors? Child Protective Services? Do these situations create a greater risk of liability? How do the Courts analyze these uses of force? Speakers: Doug Smith, Smith Law Offices, APC; Shawn A. McMillan, Law Offices of Shawn A. McMillan; Deputy Chief Mike Blakely, Riverside Police Department; Chief Jim McDonnell, Long Beach Police Department
4 La Verne Law is pleased to present this compelling two-day symposium on civil rights justice litigation and challenges under Section We have brought together 21 prominent speakers, each with his or her unique perspective and experience in the field. This blend of viewpoints and expertise is sure to create a dynamic discussion and examination of the issues that present themselves today for law enforcement officials, judges, attorneys and the people they represent and serve. I am very proud of all the hard work the University of La Verne Law Review has put in to make this symposium possible. We are glad to have you be a part of it. Philip A. Hawkey Interim Dean, University of La Verne College of Law Event Sponsors
5 Peter Bibring Senior Staff Attorney, ACLU of Southern California Peter Bibring joined the ACLU of Southern California as a staff attorney in 2006 before becoming a senior staff attorney in During his tenure at ACLU/SC he has successfully litigated cases including Fitzgerald v. City of Los Angeles where he challenged LAPD s practice of searching and detaining people on Skid Row. It resulted in a settlement calling for revised training on search and seizure practices to be given to all LAPD officers assigned to skid row. Prior to joining the ACLU, Mr. Bibring worked at Bahan and Associates, a Pasadena-based law firm specializing in civil rights cases and employment litigation on behalf of low wage workers. He is also a former law clerk for the Honorable Pierre N. Leval of the U.S. 2nd Circuit Court of Appeals and the Honorable Marilyn Hall Patel of the U.S. District Court of Northern California. Mike Blakely Deputy Chief, Riverside Police Department Deputy Chief Mike Blakely attended San Diego State University, where he was awarded a Bachelor of Arts degree in Economics. Deputy Chief Blakely began his 35 year career in law enforcement as a Police Officer in 1978 with San Diego Police Department. He was promoted to sergeant in April 1982 and to lieutenant in July In 1994 Deputy Chief Blakely joined the Riverside Police Department at the rank of Captain. He has worked virtually every assignment available for a Police Captain, including stints in the Office of the Chief, Investigations, Special Operations, and Management Services where he oversaw the Records Bureau, Fleet Operations and the Public Safety Communications Bureau, and Patrol Field Operations. In August of 2006, Mike was assigned to the Support Services Division where he oversaw the Training Bureau, Police Personnel Office, and the Internal Affairs Bureau. Mike was promoted to Deputy Chief in July of 2010, and currently oversees Police Administration. Deputy Chief Blakely is a graduate of the Senior Management Institute for Police at the John F. Kennedy School of Government Harvard University. He is a proud alumnus of Leadership Riverside, Class of 1997, and currently serves on the Leadership Riverside Steering Committee. Mike has been a Board Member of Keep Riverside Clean & Beautiful and the Riverside Area Rape Crisis Center for the past nineteen years. He has been a past Board Member of Community Connect, formerly known as the Volunteer Center of Riverside County, for six years, and is a current member of its Advisory Board. Bruce E. Blomdahl Lieutenant, Riverside Police Department Bruce E. Blomdahl has 20 years of experience in law enforcement with the Riverside Police Department. He rose through the ranks of patrol officer, investigator, sergeant, and in 2010 he was promoted to lieutenant. His collateral assignments included SWAT officer/ supervisor, defensive tactics instructor, member of the Tactical Review Ream, and member of the Officer Involved Shooting Review Committee. Mr. Blomdahl also has over 17 years of teaching experience as an Adjunct Faculty Member with the Riverside Community College Basic Police Officers Academy. The Honorable David T. Bristow United States Magistrate Judge, U.S. District Court, Central District David T. Bristow in 2009 took the oath as federal magistrate judge for the U.S. District Court for the Central District of California. Prior to taking the bench, he was a shareholder and president of the executive committee at the firm of Reid & Hellyer, focusing his practice on business litigation involving corporations, real property, contracts and employment. He also served as a deputy district attorney for San Bernardino County and spent a year as a deputy public defender for the county. James Jeb Brown Supervising Deputy City Attorney, City of Riverside James Jeb Brown has represented public entities for nearly 20 years, and currently serves as the legal advisor to the City of Riverside in matters related to public safety and employment issues. His areas of expertise include civil rights, employment/ discrimination, wrongful termination and personal injury. He is also an adjunct professor of civil rights, federal courts, and conflict of laws at the University of La Verne College of Law. Erwin Chemerinsky Founding Dean, University of California, Irvine, School of Law Erwin Chemerinsky is the founding dean and distinguished professor of law at the University of California, Irvine, School of Law, and previously taught law at Duke University, the University of Southern California School of Law, UCLA School of Law and DePaul University College of Law. His areas of expertise are in constitutional law, federal practice, civil rights and civil liberties and appellate litigation. He is the author of several books, and holds a law degree from Harvard Law School. Timothy T. Coates Partner, Greines, Martin, Stein & Richland LLP Timothy Coates is a longtime partner of Greines, Martin, Stein & Richland LLP with more than 25 years of briefing and arguing more than 250 matters in the state and federal appellate courts. He devotes a substantial portion of his practice to representing public entities with a particular emphasis on federal civil rights claims under 42 U.S.C Among the highlights of his career are his five arguments before the United States Supreme Court: Los Angeles County Flood Control District v. Natural Resources Defense Council (2013); Messerschmidt v. Millender (2012); Los Angeles County v. Humphries (2010); John Van de Kamp, et al. v. Thomas Lee Goldstein (2009); and County of Riverside v. McLaughlin (1991). Peter Eliasberg Legal Director, ACLU of Southern California Peter Eliasberg is the Legal Director of the ACLU of Southern California. He joined the ACLU in 1996 and served as the Managing Attorney and the Manheim Family Attorney for First Amendment Rights until February During his tenure Mr. Eliasberg has worked on cases involving the First Amendment, the Fourth Amendment, disability discrimination, and educational equity, among others. He represented Frank Buono in federal district court, the 9th U.S. Circuit Court of Appeals, and the United States Supreme Court in an Establishment Clause challenge to the presence of a cross on federal land in Buono v. Salazar. Mr. Eliasberg also clerked for both Judge Stanley Sporkin of the United States District Court for the District of Columbia and Judge Stephen Reinhardt of the United States Court of Appeals for the 9th Circuit.
6 Dale K. Galipo Law Offices of Dale K. Galipo Dale Galipo is an attorney specializing in police misconduct and civil rights litigation. He has tried more than 150 civil cases in his career, including wrongful death police shootings, improper sexual conduct by a police officer, excessive force, and inmate mistreatment. He has won the majority of his civil jury trials, resulting in verdicts totaling several million dollars. He is frequently asked to speak as an expert at seminars and is often quoted in the media on issues related to civil rights litigation and cases. Michael Gennaco Chief Attorney, County of Los Angeles Office of Internal Review Michael Gennaco has dedicated his legal career to the protection of civil rights. He came to the County of Los Angeles Office of Internal Review from the office of the United States Attorney where he served as Chief of the Civil Rights Section, overseeing all police misconduct, hate crimes, and involuntary servitude investigations for the Central District of California. He also served as the federal civil rights liaison for community and public interest groups and federal and local law enforcement agencies. Tiffany Graham Associate Dean for Academic Affairs and Professor of Law, University of La Verne College of Law Tiffany Graham is a Professor of Law and the Associate Dean for Academic Affairs. Dean Graham joined the College of Law in 2009, and teaches in the areas of Constitutional Law, Race and the Law, and Criminal Procedure. Prior to joining the La Verne faculty, she was an Assistant Professor of Law at Villanova University School of Law, where she taught Constitutional Law, Race and the Law, and Torts. Dean Graham clerked for the Honorable Richard W. Roberts of the United States District Court for the District of Columbia, and spent several years working as a commercial litigator for a Los Angeles firm. Dean Graham s scholarly works have focused on issues related to same-sex marriage and various aspects of Fourteenth Amendment doctrine. Her work has appeared in various publications, including secondary journals at the University of Virginia School of Law and UCLA Law School. Frank Hauptmann Community Police Review Commission, City of Riverside Frank Hauptmann has 35 years of exposure and experience in policing. He was employed by the Glendale and Garden Grove police departments. Mr. Hauptmann served as the Chief of Police for the former Maywood/Cudahy Police Department and in this capacity he reformed the Department by developing new policies, practices, and procedures. He also served 15 years in the military reserves with the U.S. Naval Intelligence Command possessing a Department of Justice Top Secret clearance. Mr. Hauptmann is also an adjunct instructor in the Advanced Officer Training Program at California State University at Long Beach. Philip A. Hawkey Interim Dean, University of La Verne College of Law Philip A. Hawkey assumed the duties of interim dean in January 2012 at the University of La Verne College of Law. Prior to his role as interim dean, he has served as the Executive Vice-President of the University of La Verne, where he has served as the Chief Administrative Officer since Prior to that, he was a city manager for the cities of Pasadena, and Toldeo, Ohio. He is also an attorney and member of the American Bar Association. He holds a Juris Doctor from Cleveland State, a Master in Public Administration from Ohio State and a Bachelor s degree in Economics from Baldwin-Wallace College in Ohio. Judge (Retired) Stephen G. Larson Partner, Arent Fox, LLP Judge Larson has more than 21 years of litigation experience. He is currently a partner at Arent Fox, LLP. His practice focuses on litigation involving complex business disputes, antitrust actions, civil rights, intellectual property rights, and criminal and regulatory defense. While serving as Assistant U.S. Attorney in the Criminal Division in Los Angeles, he led 24 criminal trials and received the U.S. Department of Justice Director s Award for Superior Performance. A respected and accomplished jurist, he served as a U.S. Magistrate Judge and then, upon elevation, as a U.S. District Judge in the Central District. Laurie L. Levenson Professor of Law, William M. Rains Fellow and David W. Burcham Chair in Ethical Advocacy, Loyola Law School Laurie L. Levenson began her professional career as a law clerk to the Honorable James Hunter III of the U.S. Court of Appeals for the Third Circuit. In 1981, she was appointed Assistant United States Attorney, Criminal Section, in Los Angeles, where she was a trial and appellate lawyer for eight years and attained the position of senior trial attorney and assistant division chief. She joined Loyola Law School in 1989 and served as Associate Dean for Academic Affairs from Devorah Lieberman President, University of La Verne As the first female president of the University of La Verne, Devorah Lieberman, Ph.D., began her tenure as the University s 18th President in July She brings with her a strong research and publication background in intercultural communication and diversity issues in higher education, as well as extensive knowledge and experience in higher education administration. In January 2012, she was named to the American Council of Education s (ACE) Commission on Inclusion and to the Resource Development Committee for the Hispanic Association of Colleges & Universities (HACU). Also in 2012, she joined the Board of Directors for the Los Angeles regional office of the American Jewish Committee. In 2011 Lieberman was appointed to the ACE Network Executive Board as a state liaison for Women in Higher Education and is currently serving a three-year term on the Western Association of Schools & Colleges (WASC) Accrediting Commission for Senior Colleges & Universities. She is also a member of the regional Los Angeles County Fair Association.
7 Jim McDonnell Chief, Long Beach Police Department Jim McDonnell was appointed 25th Chief of Police for the Long Beach Police Department in 2010, overseeing a department of 1,500 employees that serve 495,000 residents, one of the world s largest ports and the second busiest seaport in the United States. He served for 29 years with the Los Angeles Police Department, which awarded him with the Department s highest award for bravery, the Medal of Valor. He was appointed to the U.S. Attorney General s National Task Force on Children Exposed to Violence and is participating in two U.S. Department of Justice National Executive Sessions; the National Executive Session on Law Enforcement & Public Health: Inter-Disciplinary Strategies and the National Executive Session on Police Legitimacy and Racial Reconciliation. Shawn A. McMillan Law Offices of Shawn A. McMillan Prior to becoming at active trial attorney, Shawn A. McMillan worked in the then developing personal computer and consumer electronics business from 1986 through 1999 as corporate secretary and Vice President of Market Development for a Apex Wholesale, Inc., a local wholesale computer component manufacturing/distribution company, Mr. McMillan has substantial experience in developing markets in Asia and Latin America. From 2000 through the present Mr. McMillan has maintained an active trial practice concentrating on business dispute litigation, shareholder dispute litigation, and Chapter 11 restructuring. Most recently Mr. McMillan was nominated for, and selected as, the Orange County Trial Lawyers Association Top Gun trial attorney of the year in the area of Civil Rights for his work in the land mark parental rights case: Deanna Fogarty-Hardwick v. Orange County Social. John M. Porter Partner, Lewis, Brisbois, Bisgaard and Smith, LLP John M. Porter, a partner with the law firm of Lewis, Brisbois, Bisgaard and Smith, LLP, has more than 30 years of defense experience and has successfully litigated numerous trials against some of the most experienced civil rights attorneys in California. His practice focuses on the defense of police officers and police departments against allegations of false arrest, false imprisonment, civil rights violations, excessive force, wrongful death, assault and battery, and other police misconduct. Gary D. Rowe Greines, Martin, Stein & Richland LLP Gary worked, first as a lawyer at Wilmer, Cutler & Pickering, next as a federal law clerk for the Honorable William A. Norris on the Ninth Circuit, and then as a regulatory policy maker in the Clinton White House, serving as Special Assistant to the Administrator of the Office of Information and Regulatory. As a law professor from 2001 to 2010, he taught courses in federal courts, civil procedure, constitutional law, and legal history. After nearly a decade as a law professor, Gary Rowe joined Greines, Martin, Stein & Richland LLP in Doug Smith Smith Law Offices Doug Smith represents many private and public sector clients in various practice areas, including general and professional liability, labor and employment, civil rights litigation, personal injury, healthcare law, business litigation, and administrative law. He has extensive jury trial and administrative and regulatory hearing experience in state and federal courts. Mr. Smith is a member of the American Board of Trial Advocates, and has been trial counsel in jury trials in major counties throughout California, including Los Angeles, San Francisco, Riverside, Ventura, and San Bernardino Counties. He served honorably as a Captain/Judge Advocate in the United States Marine Corps, and currently serves as a Lieutenant Colonel and Judge Advocate in the California Air National Guard. J. Scott Tiedemann Managing Partner, Los Angeles, Liebert Cassidy Whitmore Scott Tiedeman is a leading advocate for, and trusted advisor to public safety agencies across California. He is called upon in high profile cases to advise public safety executives regarding how to conduct complex investigations, including how to manage media relations and navigate the procedural complexities of the Public Safety Officers and Firefighters Procedural Bill of Rights. He has earned a reputation for successfully prosecuting many difficult cases involving allegations ranging from excessive force to sexual abuse to fraud. Mr. Tiedemann has prevailed in multiple published appellate cases that have helped public safety employers more effectively manage their employees. His published decisions on behalf of public safety employers include, among others: Ferguson v. City of Cathedral City (2011); Thompson v. City of Monrovia (2010); Benach v. County of Los Angeles (2007) and Upland Police Officers Association v. City of Upland (2003). Eugene P. Ramirez Founding Member, Manning & Kass, Ellrod, Ramirez, Trester LLP Prior to becoming a founding member of the law firm Manning & Kass, Ellrod, Ramirez, Trester LLP, Eugene Ramirez worked for the Los Angeles County District Attorney s Office conducting misdemeanor and felony trials including murder cases. He also served as a reserve police officer for the Whittier and Monterey Park police departments. He advises public entities on the issues of use of force, canine and SWAT issues and policies and procedures. He has significant expertise on civil liability arising out of the use of police dogs in law enforcement and in defending SWAT Teams in civil liability cases. Mr. Ramirez was selected as one of the Top 25 Municipal Attorneys in California by the Daily Journal in December 2012.