Law Enforcement Liability
Municipal police officers often face claims of wrongful arrest, whether made on site or pursuant to warrant; and claims of wrongful conviction in cases where a person convicted of a crime has successfully appealed in a habeas court.
Howd & Ludorf, LLC attorneys have defended these police officers at trial and on appeal. Municipal Police officers also face claims of unlawful search of persons, cars, businesses, and homes. Howd & Ludorf, LLC attorneys have defended them at trial and on appeal. On many occasions it is necessary for a municipal police officer to use force in the course of duty, whether to effectuate an arrest; or to prevent an escape; or to protect a 3d party from harm; or to protect the officer himself or herself from harm. In some cases the force is hands-on, whereas in others the force involves use of police baton, TASER, or OC spray. In still other cases, the use of deadly force, or the use of a police canine, is justified. Over the past 25 years, Howd & Ludorf, LLC attorneys have defended municipal police officers, including specialized narcotics and SWAT units, on the entire spectrum of use of force claims through jury trial and on appeal. Furthermore, municipal police officers are often required to make emergency responses to calls, utilizing lights and audible siren. Howd & Ludorf, LLC attorneys defend all claims related to the decision to make an emergency response and decisions made during the emergency response. This requires a thorough understanding of the immunities afforded police officers under federal and state law. Finally, Howd & Ludorf, LLC attorneys have defended municipal entities, Chiefs of Police and other supervisors on claims of failure to train, promulgation of unconstitutional policies, and failure to supervise, brought under federal and state laws.