Expert Witness Blog

In Unnecessary / Excessive Use of Force – A Working Definition, police use of force expert witness Richard Lichten (Lt. Retired) writes:

I am often asked to explain to people who are not police officers or lawyers the definition of unnecessary and excessive use of force. First, it is important to understand just what a use of force is. While many law enforcement agencies have their own definition, I have found that the simplest explanation is this: A use of force is an intentional act by a police officer who knows, or should know, may cause pain and/or injury to someone for the lawful purpose of controlling their actions.

A police officer may use force when it is lawfully necessary to control the actions of another person. That force must be reasonable, justified, and within policy. When you hear the term “reasonable” used in this context, reasonableness refers to what a reasonable officer would do. A reasonable officer is basically defined as a typical officer, who in a similar situation will react in a similar fashion.

In Failure to Supervise: An Inside Perspective, securities expert witness Alan Besnoff, Securities Expert Witness & Litigation Support, LLC, writes:

This article will examine the variety of steps and actions that can and should be taken by a firms’ Supervising Principal to assure that the proper degree of supervision of brokers is being performed.

Let’s begin with a quick review of why it is that in so many circumstances, supervisory responsibilities are not fully being met.

In Event Data Recorders: Proper Evidence Collection in Criminal, Insurance and Tort Liability Investigations, accident reconstruction expert witness Shawn Gyorke, Crash Data Services, LLC, writes:

Over the last several years, the landscape of traffic accident reconstruction and insurance claims investigations has changed dramatically at the hands of technological advances such as event data recorders (vehicle black box technology). This technology has been challenged on numerous occasions and generally been found to be reliable and admissible under both Frye and Daubert paradigms.

The requirement for law enforcement and private insurers to collect and consider this type of evidence in their investigations has not been clearly defined. Law enforcement, insurance investigators and litigators may need to heighten their efforts in the preservation of this critical evidence A failure to properly memorialize this evidence may ultimately result in evidence spoliation claims by criminal defendants, as well as claims of bad faith by parties involved in civil litigation.

Trucking expert witnesses may consult on the trucking industry, trucking and transportation rules and regulations, as well as highways and transportation projects. In the news, Transport Topics writes that “Transportation Secretary Anthony Foxx sent Congress a four-year transportation bill that relies on business tax reforms as a way to boost funds for a federal highway account that is quickly running out of money.”

USAToday writes that “States and local governments stand to lose $46.8 billion in federal funding for transportation and transit projects next year if Congress doesn’t put more money into the Highway Trust Fund and it slides into insolvency, according to a new report.” The Transporation for America report states:

Unless Congress adds new revenue to the nation’s transportation trust fund, the federal government will be unable to commit to funding any new transportation projects, depriving states and localities of resources critical to maintaining and improving the infrastructure that makes our economy possible.

In Abnormal Sleep Behavior and the Legal Profession, forensic sleep medicine expert witness John Penek, MD, FCCP, FAASM, writes on Forensic Sleep Medicine – REM Sleep Behavior Disorder.

Things that go bump in the night……and the parasomnias.

Background The American Sleep Disorder Association has now identified more than 80 distinct sleep disorders occurring in children and adults in all age groups. These are a diverse group of disorders that may cause excessive daytime sleepiness, difficulty with sleep maintenance such as insomnias and abnormal sleep behavior, termed parasomnias. The parasomnias are a group of sleep disorders that result in abnormal and often socially unacceptable behavior during sleep or associated with partial or incomplete arousals from sleep. These include nightmares and night terrors, somnambulism (sleep walking), confusion arousals, sleep paralysis, REM sleep behavior disorder and the now well-documented incidence of sexsomnia (abnormal sexual behavior during sleep) that has resulted in charges of rape and child molestation. Other disorders such as narcolepsy and idiopathic hypersomnia may result in sleep at inappropriate times, which may cause accidents and even death.

Security management expert witness Randy Atlas, Phd, AIA, CPP, contributed to the article The Role of Buildings in Mass Shootings, Strategies to decrease workplace homicides which appeared in Buildings Magazine. The expert is president of Atlas Safety & Security Design Inc. and notes that “It’s a big deal for an architectural magazine to focus on the problems of building security.” The article is written by Jennie Morton, senior editor of BUILDINGS.

STRENGTHEN ACCESS CONTROL

Beyond physical deterrents, it’s often the human side of security that can make the most difference in an active shooter situation, notes Grollnek.

Childhelp.org reports that every year more than 3 million reports of child abuse are made in the US involving more than 6 million children (a report may include multiple children). The US has one of the worst records in child maltreatment among industrialized nations. Child abuse expert witnesses are effective advocates for children and may advise regarding child abuse and neglect, psychological mistreatment of a child, child maltreatment, and child sexual abuse.

The American Professional Society on the Abuse of Children explains:

The child forensic interview is the neutral fact-finding investigative interview conducted in child abuse and other cases in which violence is witnessed. There are several national and state training models that provide information and training on how to conduct these interviews. Professional certification is akin to licensing. Both are based primarily on rigorous psychometric testing and other empirically supported eligibility requirements.

In TEST VALIDATION IN EMPLOYMENT SETTINGS, industrial psychology expert witness Robert Rose, PhD, and his partner at Rose Porterfield Group, Inc., Robyn W. Porterfield, PhD, write on employment testing. They have co-written articles including a column for the Dallas Business Journal titled “C-level coach.

If a selection procedure is challenged for adverse impact its validity becomes important. “Validity” is the extent to which test results are related to performance on the job. And, legal issues aside, it is best for the organization to have valid procedures. There are a few key points you need to consider if involved in litigation around testing issues and/or advising clients to avoid issues.

Everything you use to hire or promote is a test. Period. If all you do to hire is interview you have to show that the interview is valid – and that may be difficult.