Category: Law Enforcement Expert Witness
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Experts are entitled to a reasonable fee despite objections to the admissibility of their opinions
In February 2016, Plaintiffs-Appellants Scott Miller and Michael Spaulding, two Seattle Police officers, fatally shot Che Andre Taylor, a Black man, as they tried to arrest him. Four days after the shooting, Defendant-Appellee Kshama Sawant, then a member of the Seattle City Council, told a crowd of protestors in front of the Seattle Police Department…
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Law Enforcement Expert Witness’ Testimony About Defendants Deviating from Nationally Accepted Principles Excluded
On May 26, 2020, South Bend police officers began clearing a homeless encampment on city property after prior notice and concerns about crime and COVID-19. Tracy Leliaert, a person with a home who protested the clearing, refused to leave even when warned repeatedly. Officer Joshua Morgan and Officer Ryan Williams eventually arrested her and two…
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Law Enforcement Expert Witness Deemed Qualified To Opine On Law Enforcement’s Reaction to High-Stress Situations
This civil rights action arises out of an October 23, 2020 traffic stop involving Plaintiff, Kary Jarvis and Daytona Beach Police Department officers Marville Tucker and James Mackenzie. As a result of the traffic stop, Plaintiff was injured and filed a complaint alleging false arrest. Plaintiff sought to exclude Defendants’ expert witness Dr. Richard Hough…
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Law Enforcement Expert Witness’ Supplemental Report on Deviation from Police Practices Admitted
Plaintiff Kevin Strickland filed this lawsuit against the Kansas City, Missouri, Board of Police Commissioners and five Kansas City police officers for alleged unconstitutional conduct that resulted in his wrongful conviction. On June 21, 2024, Plaintiff issued its police practices expert, Russell Fischer’s supplemental report. The supplemental report is 2.5 pages long, and the revisions are…
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Law Enforcement Expert Witness’ Testimony Based on His Review of Relevant Materials
A district judge in Louisiana admitted the testimony of a law enforcement expert despite its alleged lack of documentary support and supporting methodology. This lawsuit stems from injuries sustained by Anthony Efthemes, a Louisiana State Police officer, while assisting in an emergency pursuit of a vehicle on Interstate 10 in Calcasieu Parish, Louisiana. The Plaintiff,…
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Law Enforcement Expert Witness’ Testimony on Certain Customs and Practices Excluded
This civil rights action arises out of an October 23, 2020 traffic stop involving Plaintiff, Kary Jarvis and Daytona Beach Police Department officers Marville Tucker and James Mackenzie. As a result of the traffic stop, Plaintiff was injured and filed a complaint alleging false arrest. Defendants, City of Daytona Beach as well as Marville Tucker…
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Law Enforcement Expert Witness’ Report Criticizing the Actions of SPD Deemed Conclusory
A district judge in Washington refused to admit the Law Enforcement Expert Witness’ testimony with regard to the claims of outrage, negligence and assault filed against the Seattle Police Department. On May 30, 2020, organizers planned two demonstrations in downtown Seattle to protest the May 25, 2020 killing of George Floyd in Minneapolis: (1) “The…
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Law Enforcement Expert Witness’ Testimony on the Police Officers’ Conduct Admitted
A district judge in Louisiana admitted a law enforcement expert’s testimony summarizing police procedures. Cortez alleged that on November 21, 2019, his wife had called 911 and requested that police be dispatched so she could leave their residence without incident because Cortez was in an agitated mood. Cortez averred that an altercation had ensued after…
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Law Enforcement Expert Witness Testimony on Marijuana Odor Rejected
On July 1, 2020, Officer Jack Gilboy (“Gilboy”) of the St. Charles Parish Sheriff’s Office approached Plaintiff Cedric Otkins (“Otkins”) while Otkins was sitting alone in his parked car at the East Bank Bridge Park in St. Charles Parish, Louisiana. Otkins filed this civil rights action alleging a violation of his Fourth Amendment right to…
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Law Enforcement Expert Witness Testimony Limited for Telling the Jury what Result to Reach
Plaintiff Kang, a former Savannah police officer, filed a lawsuit against Police Chief Roy Minter and the City of Savannah alleging he was wrongfully terminated. Kang alleges that his termination, which followed his involvement in a group complaint and filing his own complaint against Chief Minter, was based on racial discrimination and retaliation. He also…