Security Force and Tribal Law Enforcement Liability
Law Enforcement
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 program 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.”
Topics that will be covered include:
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:
- 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
|
|