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I. PROCEDURAL REQUIREMENTS
A. California Government Code
B. Federal Civil Rights Actions
II. CLAIM INVESTIGATIONS
III. PLEADINGS
A. Complaint
B. Answer
IV. SERVICE OF PROCESS
A. Summons
B. Manner of Service
C. Types of Service
V. REPRESENTATION OF PUBLIC EMPLOYEE
VI. DISCOVERY
A. Interrogatories
B. Deposition
C. Request for Production
VII. TRIAL MATTER
VIII. INDEMNIFICATION OF PUBLIC EMPLOYEES
IX. GENERAL AREAS OF PUBLIC LIABILITY INVOLVING POLICE CONDUCT
A. Auto Accidents
B. Police Vehicle Operations
C. Code 3 Pursuits
D. Dangerous Condition of Public Property
E. False Arrest and False Imprisonment
F. Arrest Without a Warrant
G. Assault and Battery
H. Shooting Incidents
I. Decisions
J. Negligent Retention and/or supervision of Police Officers
K. Negligent Investigations
L. Temporary Detention
X. SPECIFIC GOVERNMENTAL IMMUNITIES
A. Failure to Investigate
B. Failure to Provide Police Protection
C. Failure to Arrest
D. Acting Under Unconstitutional, Invalid or Inapplicable Enactments
E. Injuries by and to Prisoners
F. Injuries from Release of Escaped Prisoners
XI. MISCELLANEOUS MATTERS
XII. PEACE OFFICER DISCIPLINARY PROCESS
A. The Investigation
B. The Skelly Process
C. The Hearing
D. The Judicial review Process
E. Probationary Employees
F. Restoration of Pay
XIII. CONFIDENTIALITY OF POLICE RECORDS
A. Peace Officer Personnel Records
1. General Rules of Confidentiality
2. Specific Laws Relating to Police Personnel records
3. Disclosure in Litigation
B. Arrest and Crime Reports
1. General Principles
2. Privacy Rights and Police Records
C. Balancing Under the California Public Records Act
XIV. EMPLOYMENT RIGHTS LITIGATION
A. Basic Overview of EEO Statutes
B. Four Basic Theories of Discrimination
1. Disparate Treatment
2. Perpetuation of Present Effects of Past discrimination
3. Adverse Impact
4. Failure to Make Reasonable Accommodations
C. Basic Analysis of a Typical Discrimination Case
D. Specific Types of Discrimination
1. Handicap Discrimination
2. Sex Discrimination
3. Sexual Harassment
4. Religious Discrimination
5. National Origin Discrimination
6. Recent Development
XV. OVERVIEW OF CIVIL LIABILITY AND POLICE MISCONDUCT
A. The Nature and Extent of Governmental Tort Liability
B. Police Misconduct Litigation in State Courts
C. Police Misconduct Litigation in Federal Courts
D. The Police Plaintiff
E. Suing Public Entities and Public Employees in State Courts
F. Off-Duty Activities
G. Riots and Crowd Control
H. Immunities
I. Vicarious Liability
J. The Liability of the Police Supervisor for the Acts
of Subordinate Officers
K. Constitutionality of CUBO (Conduct Unbecoming of an Officer)
XVl. PROBLEM SOLVING
A. Scenarios presented for discussion and evaluation