User Agreement for the Website

This site is maintained by Americans for Effective Law Enforcement, Inc. (AELE), a not-for-profit Illinois corporation and organized as an “educational organization” under Sec. 501(c)(3) of the Internal Revenue Code.

The information in this web site consists of articles, case summaries and other information. AELE publications, articles and case summaries have full copyright protection, and remain the property of AELE. However, readers may copy selections from these and transfer them to their own computers or printers for personal or professional purposes, provided the contents are not commercially republished in any format without our express permission. The contents may be freely used as part of a memorandum or legal document, or for training purposes, or as part of an academic paper or student exercise.

You are notified that:

1. The editors have selected cases in a subjective and arbitrary manner. Generally, we have not included cases from the private sector. These cases may be relevant to your inquiry and determinative of the conclusion. Most cases that we have chosen pertain to public safety agencies and employees. Cases involving schools/schoolteachers and other public agencies/employees may also be relevant or determinative.

The editors probably have missed a number of important decisions. The omitted cases could affect the outcome of any decisions you make or litigation you are a party to.

2. Some cases have been superseded by later decisions that do not appear in our summaries.

Also, because more cases are decided than can be reported, AELE editors must be selective. Generally, we will reject those decisions which:

      • Are resolved solely on the basis of witness credibility, or
      • Involve familiar principles and situations, or
      • The outcome was determined by an unusual statute or procedure, or
      • The situation was unique, has no general application, and otherwise lacks reader interest.

3. To provide our readers with information in a prompt manner, many case summaries have been written from non-final opinions. A court might have later modify the language or decide not to certify the decision for publication. We make no attempt to systematically check on the continued validity of a case or revised text.

4. The law differs between states, and sometimes between appellate districts in the same state. The summaries are provided as a “starting point” in your research.

      Never rely on an article or case summary without seeking the assistance of qualified counsel in your jurisdiction.

5. Our articles and case summaries are not law, nor should they be considered “legal advice.” They are not a substitute for consultation with the appropriate legal officers for you, your office or agency. Lawyers often disagree as to the meaning of a case or its application to a set of facts. In no way do we warrant the accuracy or completeness of our information, or its fitness for a particular purpose.

6. AELE is not a law firm and material in this web site is not intended to be advertising. Attorneys employed by or affiliated with AELE are not seeking to represent anyone who might view this material. The publication of legal analysis, commentary and/or recommendations in this web site is not intended to (a) create an attorney-client relationship, (b) constitute legal advice or (c) serve as a substitute for advice from an attorney licensed in your state.

7. AELE, its editors and agents are not be liable to you or anyone else, caused in whole or in part, by our negligence or lack of competence in compiling, interpreting and editing the case summaries and other materials. The use of our information is solely at your own risk.

Under no circumstances, including, but not limited to, negligence, shall AELE be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this website. .

8. The names of the parties to a legal action or arbitration proceeding, and the identities of persons mentioned in those actions and proceedings, usually will appear in our summaries. Our purpose is not to embarrass anyone or to bring attention to the acts or omissions of those individuals; names are used to assist users in finding and citing the actual decision or award and/or to assist readers in understanding the dispute.

9. The use of any software, robot or spider to monitor, summarize or copy our webpages or the content is not authorized. AELE has never listed its website with search engine providers. In some cases a search engine provider has incorrectly abstracted the text of an article or case summary. AELE cannot be responsible for such errors, omissions or inaccuracies.

10. The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information to foreign countries and to certain foreign nationals. Users must abide by these laws and their regulations.

11. These terms shall be governed by and construed in accordance with the laws of the State of Illinois. Users agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Cook County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

12. If any portion of this Agreement is declared invalid or unenforceable, the remaining portions shall continue in full force and effect.

13. In using this site, you are signifying that:

You have read this agreement, you understand its terms, and you acknowledge that AELE, its Directors, its officers, its editors, agents, consultants, subcontractors and affiliated personnel will not be held liable to you or to others for any use or interpretation of the information we have compiled.

Any questions pertaining to this agreement should be directed to the editor.