International Association of Chiefs of Police, Inc.

118th Annual Conference, Chicago, IL

October 22, 2011

 

Supplemental Cases for Police Psychologists

Compiled by the AELE Law Enforcement Legal Center

Contact: AELE@aol.com

 

·        Expert Opinions

·         Eyewitness Identification

·         Jails – Suicide Watch

·         Stress Related – Officer Suicide

·         Stress Related – Disciplinary Punishment

·         Further References

 

 

Note: This outline was written after Marty Mayer’s Legal Update. It only contains cases or items not discussed in his outline.

 

Expert Opinions

 

     Because an Administrative Law Judge neither adequately explained why he disregarded the opinion of the plaintiff’s treating psychiatrist nor supported his conclusion that the plaintiff’s cocaine use had materially contributed to her disability, the Seventh Circuit vacated the decision and remanded.  “A treating source’s opinion is entitled to controlling weight if it is adequately supported by objective medical evidence and [is] consistent with other substantial evidence in the record.” If a judge discounts the opinion of a treating physician, “he must offer good reasons for doing so.” Harlin v. Astrue, #10-3258, 2011 U.S. App. Lexis 952 (Unpub. 7th Cir.).

 

Eyewitness Identification – Reliability

 

     The American Psychological Association has filed a “friend of the court” brief in the Supreme Court, supporting the appeal of a criminal defendant.  The brief claims that false identifications are a common occurrence and that the traditional tools of the adversary system cannot be relied upon to overcome the prejudicial effect of incorrect eyewitness identifications. APA Brief, Perry v. New Hampshire, #10-8974 (2011 Term).

 

Jails – Suicide Watch

 

    A pretrial inmate claimed that the sheriff and jail superintendent violated his right to due process by confining him in segregation on “suicide watch” for over two years. His §1983 claim failed because they did not intentionally disregard a substantial risk to him by adhering to a psychologist’s recommendations. Miller v. Hertz, #10-1127, 2011 U.S. App. Lexis 10202 (Unpub. 7th Cir.).

 

Stress Related Claims – Officer Suicide

 

    The widow of a 40 year-old police detective lieutenant who killed himself claimed that the agency’s suicide prevention training was inadequate and that further training would have mitigated the risks of police officer suicide. She failed to allege that the defendants knew of the inadequacy and wantonly withheld adequate advice or training.  Robischung-Walsh v. Nassau County Police Dept., #10-1596-cv, 2011 U.S. App. Lexis 8856 (Unpub. 2nd Cir.).

 

Stress Related Defenses – Disciplinary Punishment

 

     In a case where a NOPD officer was fired for not giving an I-A statement due to acute stress, the Civil Service Commission ordered reinstatement. If management believed that the officer was a malingerer, it should have followed its own procedures and instructed the officer to present himself for a medical examination by a doctor of the city’s choosing. Reinstatement was conditioned on a qualifying medical exam.

 

     On appeal, a three-judge panel affirmed, writing that “in light of the evidence that [the officer] suffered from a debilitating psychological condition that prevented him from performing his duties as a police officer, it does not appear that the CSC abused its discretion or acted in an arbitrary or capricious manner in conditioning the officer's return to duty on a medical clearance.” Allen v. Dept. of Police, # 2009-CA-1375, 2010 La. App. Lexis 1112, 44 So. 3d 912 (4th Cir.).

 

Further Reference – 2011 Articles (Chronological)

 

Psychological Factors after Officer-Involved Shootings, Jan. 2011 Police Chief, p. 28

Military Leave--Part One, 2011 (5) AELE Mo. L. J. 201.

Military Leave--Part Two, 2011 (6) AELE Mo. L. J. 201.  

Videotaping and Police Behavior, 2011 (6) AELE Mo. L. J. 501.

Medical Marijuana and Public Safety Personnel, 2011 (11) AELE Mo. L. J. 201.

 

Updated 17 Oct. 2011