Schedule/Sessions

Municipal Law - Opening Session / Keynote - Transforming Millennial Myths into Workplace Breakthroughs

Crystal Kadakia, two-time TEDx speaker and author of The Millennial Myth, will help widen attendees’ perspective on Millennials, from simply understanding a generation to becoming deeply grounded in the impact of digital on human behavior. This talk will change the conversation about Millennials for the attendees. Attendees not only understand the five biggest myths about millennials but will learn how to navigate today’s digital mindset and behavior. The audience will walk with:

• Abandoning today’s stereotype-laden Millennial language;
• “Getting” the behavior and mindset for employees who have grown up in a digital world;
• Envisioning relationship, management and leadership practices for all generations and talent of the future.

Municipal Law - Break

Municipal Law - Session 1 - Public Perception of Municipalities in a Post-Ferguson Environment

• Speakers:

• Devina Joiner, Nationwide Insurance Company

• Denise McHam-Pinto, Self Employed

• Wayne Melnick, Freeman Mathis & Gary, LLP

The events of Ferguson, Missouri forever changed how police are viewed in America. As a result, municipal claims involving claims of false arrest, illegal search and seizure, and police brutality are viewed through a different lens. Jurors are far more skeptical of police officers that they have been, and the good-will of 9/11 is but a speck in the rear-view mirror. This session will discuss what municipalities, claims representatives handling public entity claims, and attorneys defending those claims/cases need to do in order to re-level the playing field. From pre-incident training to incident response through jury trial, handling a municipal claim in the current environment – especially with the proliferation of video recording devices – more than ever requires a proactive approach. We will address each phase of a claim and what can and should be done to overcome the suspicion of the public to municipal activity.

Takeaways:
• Following the police shooting of Michael Brown in Ferguson, Missouri and other similar shootings, negative perceptions of municipalities, police departments, and their handling of excessive force situations have received increased coverage in the national press and can affect claims against municipalities for this type of incident.
• Use of police body cameras and other objective documentary tools may not positively effect police behavior or public perception of police conduct as might be expected.
• Civilian Review Boards and similar methods of providing independent police oversight may be one way, among other community outreach programs, in build bridges between municipalities and police department and the communities they serve.
 

Municipal Law - Break

Municipal Law - Session 2 - You Can't Fight City Hall (or Can You?): Municipal Liability for Retaliatory Arrest After Lozman v. City of Riviera Beach

• Speakers:

• Sigmund Fleck, Brown McGarry Nimeroff LLC

• Wes Jackson, Freeman Mathis & Gary, LLP

• Matthew Love, Oklahoma Municipal Assurance Group

• Glenn Price, MIRMA

Does the existence of probable cause defeat a First Amendment retaliatory arrest claim as a matter of law? The Supreme Court will answer that question when it renders a decision in Lozman v. City of Riviera Beach later this term. In Lozman, the plaintiff was handcuffed and removed from a City Council meeting when he continued to accuse local officials of corruption after a councilperson advised him to stop. The plaintiff alleged he was arrested in retaliation for his comments in violation of his right to free expression. This presentation will discuss the Court’s holding (expected before the CLM Southeast Conference in November) and its implications for First Amendment retaliatory arrest claims. The presentation will also address how the Court’s holding may impact defense strategies for retaliatory arrest claims for a variety of official actors, including the arresting officer, a councilperson who orders the arrest, and the municipality that employs them both.

Takeaways: 
• The Supreme Court in Lozman v. City of Riviera Beach did not answer the question everyone expected it to answer—whether the existence of probable cause bars a § 1983 claim for retaliatory arrest
• Nevertheless, Lozman still sheds some light on how municipalities can be found liable for First Amendment retaliation.
• Soon after deciding Lozman, the Supreme Court granted certiorari in Nieves v. Bartlett, which will address the probable cause bar to retaliatory arrest claims against arresting officers in their individual capacities.

 

Municipal Law - Cocktail Reception

Municipal Law - Breakfast

Municipal Law - Session 3 - Balance on the Playground? While Public Opinion of Law Enforcement has been Sliding Downward, Qualified Immunity may be on the Upswing

• Speakers:

• Sun Choy, Freeman Mathis & Gary, LLP

• Christopher Duffy, Munich RE America

• William Oberts, Tribler Orpett & Meyer, P.C.

Our climate is not changing. Citizens continue to demand that police officers stand accountable for what they believe to be excessive use of force. Reports of police shootings are in the news daily. Despite the challenging climate for the defense of municipalities and their police officers in the media, is the defense gaining strides in the court room? This panel will examine recent decisions by the U.S. Supreme Court and U.S. Court of Appeals in excessive force cases; the court’s analysis of what is reasonable; and the application of qualified immunity. We will explore defense strategies and claims perspectives for handling these types of cases.

Takeaways: 
• Media exposure is important to consider when evaluating the claim and working with the insured to properly handle different issues that may arise.  What information to release, and when to release this information, must be determined early. 
 
•  Section 1983 allows an individual to file a civil action for an alleged deprivation of their constitutional or federal statutory rights against a municipality and/or a person who is acting under the color of law.  In addition to a monetary award, attorney’s fees and costs are allowable under Section 1988.
 
• Qualified immunity is not just a defense against liability for an alleged civil rights violation, but is intended to protect officers from lawsuits and the rigors of litigation more generally. 
 
• One of the most important, and sometimes often overlooked, elements of analyzing a claim is reviewing reserves when a claim reaches the litigation stage.  It is important to discuss proper reserve settings with defense counsel at different stages of the case so you both exchange thoughts on possible exposure and defense costs. 
 

Municipal Law - Break

Municipal Law - Session 4 - False Arrest v. Malicious Prosecution: Practical Defense Tips and Coverage-related Aspects

• Speakers:

• Patrick Bedell, BatesCarey LLP

• Michael DeLonay, AXIS Insurance

• Charles Stoll, Sedgwick

• Jeffrey Zehe, Nielsen, Zehe & Antas

There has been an increasing number of cases involving persons convicted of criminal offenses and sent to prison who were subsequently exonerated after years in prison which have resulted in significant exposure to insurers from policies issued many years ago. The resulting civil rights litigation involves complex liability and coverage issues. This session will examine the legal elements of false arrest and malicious prosecution (and related Section 1983) claims, relevant coverage & liability issues, available defenses and developing litigation strategies for these high exposure, high defense cost claims. Specifically, we will address issues such as trigger of coverage, conflicts (both coverage and defense), Monell claims, and qualified immunity.

Takeaways:
• High exposure claims with many moving parts that need to be understood and assessed to effectively manage the exposure.
•COVERAGE: Determine whether the policy requires an injury during the period, a causative occurrence during the period, or an enumerated “offense” during the period, and then line up the coverage determination with the case law to see how coverage applies.
• LIABILITY: Determine whether probable cause exists and how to use qualified immunity and the statute of limitations to effectively combat malicious prosecution and false arrest claims.
• CLAIMS HANDLING: Determine early if there are coverage or defense conflicts and develop a resolution strategy & litigation plan.