Charles T. Thibodeau & Associates
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Private Sector Liability:
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***CASE LAW STUDIES***
SYLLABUS
CTTA750 & CTTA850
Six Hours of Continuing Training
AUTHOR:
Charles T. Thibodeau, M.Ed., CPP, CSSM, CPO , CPOI, CPAT, CPDT
EDITOR:
Barry Swanson, LPS
COURSE RATIONALE
This course is the first in a series of future courses which intends to deal with strategies designed to avoid civil litigation in the Private Detective and Protective Agent industries. These two disciplines make up what is called the private sector. The private sector is vulnerable to civil litigation as these dedicated workers go about the business of preventing loss from human error, intentional criminal activity, fires, medical emergencies and natural disasters. In addition, as these dedicated probationers go about their business there exists a most devastating threat which is ever present in the form of legal pitfalls. There is a need for a series of courses like this one designed to raise awareness of the presence of this threat and provide pro-active preventive actions each practitioner can take to avoid being trapped in a civil litigation that could have been avoided.
COURSE FOCUS
Because of the litigious nature of our society, this course will focus on legal consequences regarding the duty to protect, foreseeability of crime risk, negligent investigations, negligent training, negligent detention, negligent use of weapons, assault, false arrest, false imprisonment, trespass, invasion of privacy, reasonable activity, intrusive investigations, outrageous conduct, private sector authority, search and seizure, interrogation, use of force, deprivation of rights, federal law, entrapment and many other legal pitfalls that occur in the private sector. This six hour continuing training course will be crammed full with example after example of trial court cases that support the theories and strategies being taught.
SOURCE MATERIALS
This course relies heavily on two sources. They are:
Private Security Law, Case Studies, by David A. Maxwell, 1993, Butterworth-Heinemann, Stoneham, MA
Private Security and the Law, by Charles Nemeth, 2005, Elsevier Butterworth-Heinemann, Stoneham, MA
METHODOLOGIES
This course will be taught by utilization of an appropriate selection of the following tools, tailored specifically to facilitate the delivery of the subject matter being taught:
lectures, demonstrations, illustrations, class discussions, readings, tutorial exams, videotape, audio tape, CD-DVD presentations, computer projection, transparency projection, two-way interactive computer, other standard methodologies.
COURSE CONTENT GOALS
The students will be exposed to the following list of topics during the above described seminars:
PRIVATE SECTOR LIABILITY
1. Examine civil causes of actions
2. Examine preponderance of the evidence
3. Examine clear and convincing evidence
4. Examine how assault gives rise to civil actions
5. Examine how defamation gives rise to civil actions
6. Examine how a negligent investigation gives rise to civil actions
7. Examine how invasion of privacy gives rise to civil actions
8. Examine how negligent detention gives rise to civil actions
9. Examine how duty to protect gives rise to civil actions
10. Examine how defamation gives rise to civil actions
11. Examine how a intentional infliction of mental distress gives rise to civil actions
12. Examine how intrusive investigations gives rise to civil actions
13. Examine how use of force gives rise to civil actions
14. Examine how other day-to-day performance of duties gives rise to civil actions
15. Examine factors that bear on the foreseeability of criminality
16. Discuss the effects of foreseeability on a case
17. Discuss and describe strict liability torts
18. Discuss and describe vicarious liability
19. Discuss and describe case law
20. Discuss and describe readings from numerous private sector case law examples
21. Discuss and describe Civil Rights Act 42 U.S.C. Section 1983
INSTRUCTOR EXPECTATIONS
The instructor expects each student to have perfect attendance, be on time for each session, keep their breaks to the posted time limits, be alert during each seminar training session and participate in exercises and projects. Students will be encouraged to speak their mind and challenge the instructor as the need arises. Each student is encouraged to take notes.
HOW THE STUDENT WILL BE EVALUATED
The instructor will use a pass/fail method of evaluation. The only testing used in this seminar is an occasional tutorial exam. The students will be evaluated by their participation in the seminar and by the amount they contributed to discussions and by general comments made during the presentations. The evaluation will also include how well the student met the instructor’s expectations as set out above.
CERTIFICATE OF COMPLETION
A certificate of completion will be awarded to each student after his or her successful completion of the course. The certificate of completion will indicate date of completion, hours of attendance, and the specific seminars that have been successfully completed.