Report

Defending Police Excessive Force Cases

 
The United States Supreme Court has held local governments are not liable for their employees' constitutional torts solely because they employ such tortfeasors. Unfortunately from a defense perspective, Iowa's Municipal Tort Claims Act significantly increases the exposure of local governments for constitutional torts committed by their employees, making them liable under a
mere respondeat superior theory. Nonetheless, a proper understanding of the background and purpose of § 1983 and relevant cases can help the practitioner properly analyze any available defenses and understand the intersection of federal and state law in this important area.

Faculty

Gary D. Goudelock, Jr

City of Des Moines

Agenda

Local Government Liability
Qualified Immunity
Other Immunities

Faculty

Gary D. Goudelock, Jr

City of Des Moines

  • Senior litigator in the litigation section for the city of Des Moines
  • Practice is dedicated to defending the city and its employees in all types of civil litigation with a special emphasis on defending police officers in Section 1983 litigation
  • Also defends the city and its employees in other civil litigation, including: premises liability, motor vehicle accidents, employment matters, and eminent domain appeals
  • Prior to joining the city of Des Moines’ legal team, was in private practice focusing on insurance defense litigation, business formation, probate and estate planning, and real estate transactions
  • Graduate, high honors, Drake Law School; B.A. degrees in music and German, Oklahoma State University

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