WHEN COPS KILL. The Aftermath of a Critical Incident. Georgia Association of Chiefs of Police Executive Training Approved

Transcription

1 WHEN COPS KILL The Aftermath of a Critical Incident Georgia Association of Chiefs of Police Executive Training Approved Hosted by: Holly Springs Police Department A presentation and discussion for law enforcement executives/command staff concerning the aftermath of a critical incident, specifically, an officer involved shooting. We often speak of the what if s instead of preparing for them. Preparing together, both officer and agency, to migrate through the legal ramifications of a use of force will strengthen us for the coming storm. This path is wrought with danger for both the officer and the agency. Lance LoRusso will provide the knowledge and understanding to replace personal fear with power and confidence. Discussion will include: Examine Federal and State laws related to LEO s use of force Examine recent legal rulings related to Garrity and their effect on officers and agencies Discuss the strategic role of training in the aftermath of critical incidents Examine the role and management of formal and informal media responses Offer direction of the use of body cameras for LEO s Look at the role of the officer s attorney at the scene and subsequent investigations We need an honest evaluation of methods to protect ourselves, our profession and our families. The discussion will prepare attendees to think critically about and become problem solvers regarding use of force incidents and to understand the issues affecting officers and agencies during and after the incident. Presenter Lance LoRusso is an attorney and former Cobb County Police officer with over 20 years of LE experience. He is an author of books and other articles about use of force and a Certified POST Instructor. Wednesday December 3 th Roger Garrison Law Enforcement Training Center 516 Chattin Drive Canton, GA Contact Det. Greg Bettis for information/availability/registration or dbettis@hollyspringsga.us 4 Hours POST Credit & GACP Executive Training

2 When Cops Kill: The Aftermath of a Critical Incident Presented By Lance J. LoRusso, Esq. Dec. 3, 2014@ 08:00 12:00 (4-hour) Roger Garrison Law Enforcement Training Center 516 Chattin Drive Canton, GA Lance LoRusso is an attorney and former Cobb County Police officer with over 20 years of LE experience. He is an author of books and other articles about use of force and a Certified POST Instructor. Course Description This course prepares attendees to think critically about use of force incidents and to understand the issues affecting officers and agencies during and after the use of force. Course Objectives 1. Examine Federal and State laws related to LEO s use of force including deadly and non-deadly force. 2. Examine recent legal rulings related to Garrity and their effect on officers and agencies. 3. Examine the strategic role of training in the aftermath of critical incidents. 4. Examine several examples of real-world use of force situations through video excerpts and case studies. 5. Examine the role and management of formal and informal media in relation to the agency response and the effect on the officer involved in a use of force incident. 6. Examine the use of body cameras and how they may help or hinder agencies and officers after critical incidents. 7. Examine the role of the officer s attorney at the scene and during the multiple investigations after a critical incident.

3 Lance J. LoRusso LoRusso Law Firm P.C Powers Ferry Road SE Building 8, Suite 200 Atlanta, GA Phone: (770) Fax: (770) Summary Lance LoRusso is a problem solver and trusted advisor for his clients. As a litigator with a healthcare and law enforcement background, Lance focuses his practice on general liability defense for individuals and corporations, medical malpractice defense, healthcare law and catastrophic personal injury and wrongful death cases on behalf of injured parties and affected families. His representation of healthcare systems, professional organizations and corporate clients has provided a broad range of expertise and earned him a reputation as an attorney committed to resolving complex client problems in a professional and cost efficient manner. The firm s commitment to client success reaches far beyond the courtroom. Before and after litigation, Lance works closely with clients to provide training and policy review that will protect them from future legal threats. As a former officer, Lance is a strong advocate for Georgia law enforcement. He serves as General Counsel to the Georgia Fraternal Order of Police as well as Lodge Attorney for Cobb County s Lodge 13 of the Fraternal Order of Police. Lance continues to serve the community as an instructor for Georgia police academies and responds to critical incidents on behalf of law enforcement officers. He is a certified hostage negotiator and was a member of the Georgia Governor s Twenty, the top 20 police marksmen in Georgia, for six years. In December 2012, Lance released a book, When Cops Kill: The Aftermath of a Critical Incident, on officer involved shootings and critical incident response for law enforcement. The profits are benefitting law enforcement charities. He has co authored two books with Robin Hensley, on law practice management, client development and mentoring young lawyers. Drawing upon his many years of experience in the legal arena, Lance writes professional journal and newsletter articles and speaks to law enforcement professionals, business owners, healthcare professionals and risk managers at events such as annual meetings and conventions covering a full spectrum of law enforcement procedures, litigation planning, and risk management issues. He also offers training and coaching on a national basis, and is a featured speaker at law enforcement, medical and nursing conferences across the country. 1

4 He is a featured author for Harris Publications and his blog, is read by law enforcement officers from all areas of the United States. He has appeared on local and National TV and radio news outlets including Fox News, NPR, and The Wall Street Journal. As a speaker and writer, a few of his favorite topics include: "The First 30 Days of a Lawsuit: What to do when you're biting your nails" "Policy Review to Minimize Risk and Prevent Litigation" "Benefits of Managing Your Own Liability" "Critical Incident Response" The Use of Force and Vehicle Pursuit Liability Lance is active in volunteer service, giving his time to a variety of organizations focused on law enforcement and healthcare. He sits on the board of the WellStar Foundation, Easter Seals of North Georgia and Hunting For Heroes. His interests include hunting, camping and mountain biking. Additionally, Lance enjoys coaching and judging mock trial competitions. He resides in Marietta with his wife, Barbara, and two Labrador retrievers. Lance is admitted to practice in the following courts: The United States Supreme Court The Georgia Supreme Court All Georgia trial level courts The Georgia Court of Appeals The United States Court of Appeals for the Eleventh Circuit The United States District Court for the Northern District of Georgia The United States District Court for the Middle District of Georgia You can find Lance on Facebook, LinkedIn, Twitter (bluelinelawyer & lancelorusso). References Corporate and individual client testimonials are listed at: enforcement testimonials/ 2

5 Areas of Practice Physician Practice Services Administrative Law (POST) FLSA Medical Malpractice Defense Federal and State Trial and Appellate Practice Wrongful Death Catastrophic Personal Injury Premise Liability Healthcare Law Product Liability Professional Liability Tractor Trailer Collisions Law Enforcement Liability Privacy Issues Risk Management Training and Education Regulatory and Compliance Issues Bar Admissions Georgia, 1999 Arkansas, 2006 Education Georgia State University College of Law, Atlanta, Georgia, 1999 J.D. Honors: cum laude Honors: Moot Court Board, Honors: 1st place 1998 Keenan Law Firm Closing Argument Competition Honors: Georgia Civil Justice Foundation Scholarship for Trial Advocacy Honors: 1998 David J. Maleski Prize for Excellence in Torts Honors: Member 1998 & 1999 American Bar Association Trial Team Honors: Who's Who: American Law Students 17th Edition Honors: 2nd place 1997 Keenan Law Firm Closing Argument Competition Honors: Member of Fall 1997 National Moot Court Team Honors: Top Ten Oralist A.B.A. Nationals August 1997 Honors: Southeast Regional Winners American Bar Association Moot Court Team Honors: Four C.A.L.I. Awards for Academic Excellence Honors: Runner up for Best Appellate Brief First Year Moot Court Competition 3

6 Honors: Placed 5th of 163 Oralists First Year Moot Court Competition Honors: Second Place Closing Argument Competition Student Trial Lawyers Association Kennesaw State University, Kennesaw, GA, 1995 Masters of Public Administration Honors: with honors (GPA: 4.0) Emory University, Atlanta, GA, 1987 Bachelor of Arts Honors and Awards Lifetime Membership Award Peace Officers' Association Of Georgia, 2012 Lifetime Membership Award Georgia Association of Law Enforcement Firearms Instructors, 2012 Honorary Major with Cobb County Police Department, 2011 Cobb County Chamber of Commerce Honorary Commanders, Class of 2011 SOAR Award (Serving Others, Achieving Results) Georgia State University School of Law, Public Interest Law Association, 2010 Service Award Bridging the Gap Project, 2002 Service Award German Shepherd Association of Georgia, 1997 Certificate of Special Congressional Recognition United States Congress, 1995 Commendation Cobb County Board of Commissioners, 1995 Lifesaving Award Cobb County Police Department, 1995 Law Enforcement Award Optimist International, 1995 Service Award Cobb Safe Kids Coalition, 1995 Richard A. Schieber Service Award Nominee Safe Kids of Georgia, 1995 Five Year Georgia Governor's Twenty Award, 1994 Crime Prevention Practitioner Of The Year Georgia Crime Prevention Association, 1994 Outstanding Leader South Cobb Leadership Institute, 1993 Award Winning National Night Out Program National Association of Town Watch, 1993 Service Award Veterans of Foreign Wars, 1993 Nominated for Crime Prevention Practitioner Of the Year, 1993 Georgia Distinguished Police Shooter, 1992 Bureau Commendation Cobb County Police Department Hostage Situation, 1991 Representative Classes and Seminars Georgia Association of Law Enforcement Firearms Instructors Annual Conference Presenter FBI LEEDA 6 TH Annual Conference GA LEEDS Presenter National Association of Drug Diversion Investigators (NADDI) Annual Presenter Georgia Association of Law Enforcement Chaplains, Advanced Training Conference, Aug 2012 Case Law and Statutes Applicable to Health Care in Georgia presented at WellStar Health System 2011 Ethics Forum on Crucial Conversations: Optimizing Quality of Life, April 2011 Legal Issues in Nursing, co presenter with Steve Johnson from WellStar Risk Management WellStar In House Training, on going semi annual sessions 4

7 Emerging Trends in Wound Care Litigation: From Bedside to Witness Stand, Georgia Infection Prevention Network, 2010 Preventing Medical Malpractice Litigation, Georgia Chapter of Gerontological Advanced Practice Nurses Association, 2010 Emerging Trends in Wound Care Litigation: From Bedside to Witness Stand, WellStar Annual Wound Care Symposium and Mock Trial, 2007 When the Bravest Need Protection: Responding to Critical Incidents, General Counsels of the Fraternal Order of Police, 2006 A Month of Mondays: A Guideline for the First 30 Days of a Lawsuit, Georgia Society of Healthcare Risk Management, 2006 Litigating the Wound Care Medical Malpractice Case: Understanding both sides of the litigation equation, American Association of Legal Nurse Consultants Atlanta Chapter, 2005 Litigating the Wound Care Medical Malpractice Case: Understanding both sides of the litigation equation, WellStar Annual Wound Care Symposium, 2004 Effective Use of Written Discovery: Overcoming the Use of Boilerplate by Tailoring Questions to the Specific Case When to Use Motions to Compel AKA: Can't We All Just Get Along?, ICLE on Medical Malpractice, 2003 Medical Records, Search Warrants and Subpoenas, Law Enforcement at Kennesaw State University Continuing Education Center, 2003 Liability for the Hospital for the Hospital Based Independent Contractor Physician as well as the Independent Physician Who is the Medical Director of a Department Within the Hospital, Seminar Paper for the ICLE on Medical Malpractice, 1999 The Decision To Withdraw Or Withhold Treatment: The Point Where Advocacy and Ethics Meet Medicine and Morality, Institute of Continuing Legal Education on Medical Malpractice, 1999 Security and Transportation Systems: Emerging Issues, Southeast Conference of Public Administration, 1999 Cobb Area Pediatric Society The Georgia Medical Directors Association The Georgia Pharmacy Association The Georgia Prosecuting Attorney's Council The Georgia State Intelligence Network Published Works When Cops Kill: The Aftermath of a Critical Incident by Lance J. LoRusso, 2012 The World Class Rainmaker: Raising the Bar in Your Law Practice by Robin Hensley and Lance LoRusso, 2012 Blog: Contributor for Contributor for Harris Publications Laying All Other Business Aside, Hire DynamicsRx newsletter, 2007 Litigation Response: Never a dull moment at the office!, Cobb Chamber of Commerce Direct Newsletter, 2007 Risky Business?: Keeping Safe Through Target Hardening, Georgia Realtor Magazine, 2005 Effective Use of Written Discovery: Overcoming the Use of Boilerplate by Tailoring Questions to the Specific Case When to Use Motions to Compel AKA: Can't We All Just Get Along?, ICLE on Medical Malpractice, 2003 The Harper Standard and the Alcosensor: The road not traveled, Ga. Bar Journal,

8 The Decision To Withdraw Or Withhold Treatment: The Point Where Advocacy and Ethics Meet Medicine and Morality, Seminar Paper for the ICLE on Medical Malpractice, 1999 Liability for the Hospital for the Hospital Based Independent Contractor Physician as well as the Independent Physician Who is the Medical Director of a Department Within the Hospital, Seminar Paper for the ICLE on Medical Malpractice, 1999 The Three Sided Coin: An Analysis of the Good Faith Exception to the Exclusionary Rule, Criminal Law Newsletter of the State Bar of Georgia, 1998 Transit must solve concerns of system security, Passenger Transport Newspaper of the American Public Transit Association, 1995 Are We Teaching People to Drown: A review of recent research on hypothermia and drowning victim behavior, Journal of the Ga. Assoc. of Health, Physical Education, Recreation, and Dance, 1987 Professional Associations and Memberships Peace Officers Association of Georgia, 2012 Lifetime Member Georgia Association of Law Enforcement Firearms Instructors, 2012 Lifetime Member Atlanta Lawyers Club, 2011 Present WellStar Foundation Board, 2013 Present WellStar Foundation Strategic Giving Committee, 2011 Present Cobb County Lodge 13 of the Fraternal Order of Police, 2007 Present (Lodge Attorney) Georgia Fraternal Order of Police, 2002 Present (General Counsel) Georgia Defense Lawyers Association, 2012 Present Cobb County Trial Lawyers Association, 2001 Present Georgia Bar Association, 2000 Present (Previous Chair of Unauthorized Practice of Law Committee) Cobb County Bar Association, 1999 Present Georgia Peace Officer Standards and Training Council (POST), 1989 Present (Certified Law Enforcement Academy Instructor) in several disciplines; Certified Peace Officer) Advisory Board Kennesaw State University Dept of Sociology and Criminal Justice, 2010 Present Metropolitan Atlanta Emerald Society, Georgia Association of Chiefs of Police, Atlanta Bar Association, Association of Trial Lawyers of America, Georgia Trial Lawyers Association, American Bar Association, Student Trial Lawyers Association, (Treasurer ) Cobb County Health Task Force, 1995 American Society for Public Administration, Cobb County Seatbelt Task Force, Cobb Retail Security Association, (President 1994) Multi Cultural Crime Task Force, (Departmental Representative) Safe Kids of Georgia, (Program Committee) Georgia Crime Prevention Association, (Executive Board) Cobb Safe Kids Coalition, (Steering Committee) 6

9 Past Employment Positions Green, Johnson & Landers, LLP, Partner, Browning & Tanksley, LLP, Associate, Henry, Spiegel, Fried & Milling, LLP, Associate, Cobb County Solicitor General, Assistant Solicitor General & Criminal Investigator, George L. Kirkham and Associates, Associate, Cobb County Police Department, Police Officer,