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Legally Defensible Training Records
What does the Supreme Court ruling in Graham v. Connor say about police using force?
The Supreme Court held in
Graham v. Connor
(1989) that whether departments are liable in civil "use of force" lawsuits depends on the objective reasonableness of the officer's actions given the particular facts and circumstances of the incident.
What makes a record legally defensible?
There are really two interdependent components of this question: defensible training and defensible records.
Do we need to retain original copies of course completion diplomas?
Generally speaking, no.
What is spoliation and how can we avoid it?
Spoliation refers to the failure to preserve relevant evidence. In some jurisdictions, it can serve as an independent basis for a lawsuit, but most commonly it results in a jury being instructed to make an adverse inference against the spoliator regarding the contents of the evidence.
Can we just keep our records in a record book?
Sure you could, in much the same way that your department could be using battle axes or bows and arrows instead of guns to defend themselves.
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