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Consultation services to law firms, criminal and civil, both plaintiff and defense; public agency defense; prosecutors, and the media
Richard Lichten, CLS (Lieutenant Retired) - Expert Consultant
Richard Lichten brings 30 years of front-line law enforcement experience to a wide range of police and jail topics. Twenty of his 30 years on the Los Angeles County Sheriff’s Department were in supervisory and command positions. Click here for profile.
Primary areas of expertise:
• Use of force in patrol and in jails
• De-escalation techniques
• Incidents involving the mentally ill
• Vehicle and foot pursuits
• Emergency Code 3 driving
• Handcuffing injuries
• Officer-involved shootings both lethal and less lethal weapons
• General patrol tactics and police practices
• Use of the TASER and Pepper spray
• Citizen v. Citizen self-defense cases
• Evidence examination, evaluation, and analysis.
• Wheelchair user suspects: contact and control
• Americans with Disabilities Act (ADA) as it relates to law enforcement
• Incident and arrest report writing
Jail areas of expertise:
• Jail/prison suicide, jail medical care, inmate culture, jail-made weapons (shanks), jail suicide, jail medical care, jail food service, inmate safety checks, possession of narcotics for personal use vs. for sales in state prisons, and inmate housing.
• Mr. Lichten has been the on-scene commander in over 100 major inmate disturbances/riots involving a few inmates to over 2000 inmates, and has lectured in several states about this topic.
• Mr. Lichten has supervised the safe removal of many barricaded hostile and violent inmates in the jails.
• Mr. Lichten has supervised the use of Safety Cells and Sobering Cells to ensure policies and procedures are followed to keep inmates safe.
• Mr. Lichten is certified as an Arrest-Related and In-Custody Death Investigative Specialist from the Institute for the Prevention of In-Custody Deaths (IPICD).
• Wheelchair user suspects: contact and control
• Americans with Disabilities Act (ADA) as it relates to law enforcement
• Incident and arrest report writing
Services:• Case review and consultation
• Determine whether the officer’s actions were in line with the policy and procedures of his/her agency
• Determine whether the agency’s policy and procedures were in line with generally accepted practices
• Expert witness testimony
Attorney Client Comments:
A United States Federal Court Judge said this of Mr. Lichten: “Mr. Lichten bases his expert opinions upon his thirty years of experience and the written policies of the Honolulu Police Department. Mr. Lichten has been certified as an expert by numerous federal and state courts in the field of police practices. The Court finds that Mr. Lichten has the requisite skill, education, training, and experience to testify as an expert about police practices.”
"We used Mr. Lichten as our correctional expert in a jail death case here in Illinois. His knowledge of the deficiencies in the County's policies and procedures was outstanding. He promptly provided us with his report. Additionally, he provided us with a supplemental report after we deposed another correctional officer based thoughts he gave us to use during the deposition. These two reports were critical to us obtaining a great settlement from the County. I would, and have, recommended Mr. Lichten's expert services."
“Rick, I just wanted to send my sincere thanks for your stellar efforts in this matter. The expert report was extremely thorough and drove home the core issues beyond a reasonable defense. The mediator was very pleased that he could "spend all (his) time on damages as liability was no longer an issue". Those are great words for a plaintiff's attorney to hear early in the morning on mediation day. I enjoyed your approach to these matters and your responsiveness was top notch. I look forward to our next Assignment.”
"Rick is a seasoned expert in excessive force and other law enforcement areas. As an expert witness, he’s also extremely prompt, thorough, and made us feel like a priority client at all times."
“Rick prepared excellent and thorough reports for us, performed quite well on the witness stand, and was a valuable resource in terms of strategy and looking around corners on issues related to his areas of expertise.”
“I have retained Mr. Lichten in several jail-related lawsuits as the defense expert and have settled cases pre-suit based on his expert review and recommendation. Mr. Lichten has always made me feel like my cases are the most important cases he has ever worked on, and has always made me feel like I am the most important client he has ever worked with. Mr. Lichten is a true expert in this area and his knowledge and experience are absolutely invaluable. Mr. Lichten is also very responsive, timely, extremely professional, always prepared and - most important - honest. Mr. Lichten is the “gold standard” and you will be impressed."
“I have practiced law for 40 years in Georgia and South Carolina. My practice is now based in Atlanta. I recently retained Richard Lichten to consult on a 1983 prisoner abuse claim. My mentally disordered client was assaulted by another inmate, resulting in a broken arm. The facts were complex. Richard helped me identify each possible breach. Richard recommended that I examine the case for a possible ADA violation which would greatly strengthen the claims. Richard helped me identify the gaps in my records, the gaps in my narrative, additional information needed to be developed; how the law might be applied; how to understand the jailers’ responsibilities from the jailers’ perspective. He helped me understand the “prison culture” among the inmates. Richard consulted with, and identified, other colleagues who would be helpful. Richard is professional, objective, methodical, responsive and expeditious. I would not be able to ask for more. I intend to call on him when I am presented with my next prisoner rights/abuse case.”
"Mr. Lichten is a valuable resource. In our jail-suicide case, he quickly absorbed the universe of facts, boiled them down to the important pressure points, and revealed discrete areas for the "deep dive" during discovery. I recommend getting Mr. Lichten involved early. He is remarkably proactive and provides a substantial head start in the litigation."
“Rick is the greatest expert I have ever dealt with. He always answered my calls right away and provided one of the best written reports I have ever seen...was able to get an amazing deal on a murder case in large part to the work performed by Mr. Lichten....simply put, he's the best at what he does!”
"Mr. Lichten was extremely helpful in pretrial discovery and resolution. His assistance in preparing subpoenas to law enforcement which targeted specific documents and movements of inmates was critical. Oftentimes information is shielded from discovery because attorneys do not know the particular name of the report or even that such information is tracked. Using the expertise of Mr. Lichten you will have the insight you need to better serve your client."
"Rick was a tremendous help in defending my clients (a County Sheriff’s Department and its officers) in a civil rights case involving the tragic death of an inmate. He is extremely knowledgeable and was always immediately available for my questions and for all necessary trial preparations. I would highly recommend his services."
“I met Rick Lichten this winter. He was the retained expert in a police procedures case (use of force and proper tactics) for our office. Rick was professional, responsive, prepared, attentive and works well with people. He explains his opinions in lay language and does so in an affable manner. It is my opinion that the trier(s) of fact listened to his testimony and give it great weight with favorable results.”
“Working with Rick was an absolute pleasure. I found him to be extremely knowledgeable, willing to go beyond the call of duty, and extremely passionate about pursuing justice for his clients. I would strongly recommend Rick and look forward to working with him again in the future.”
“Stop searching for an expert in self-defense! Richard Lichten is the only expert you need . He is honest in his evaluation of the case and his experience has no equal . With his help I was able to build a solid self-defense case in a bar room stabbing brawl . The prosecutor in the case told me he will be lucky to get a hung jury . Of course we will get the acquittal.”
“I practice primarily criminal defense, as well as, select personal injury and civil rights cases. I recently used Mr. Lichten as an expert witness in an excessive force lawsuit filed in federal court. Mr. Lichten provided valuable insight and work during my client’s case and highlighted several fundamental flaws with the defendant officers’ conduct during their so-called investigation. He was very up front and objective with his analysis. He made himself available for any follow-up questions and was proactive in staying current with the case as it was being litigated. The case ultimately settled favorably in a conservative jurisdiction. I would recommend Mr. Lichten as an expert in any case where police practices and procedure are at issue – criminal or civil. “
“I am a managing partner at a law firm. I used Mr. Lichten as an expert for a federal civil rights lawsuit against a local county jail for excessive force, denial of medical attention, and failure to train. Mr. Lichten was diligent, truthful, and concerned about our deadlines. His attention to detail and accurate judgments made him the perfect expert to hire. I feel that his report and deposition was a driving force behind the county finally breaking down and settling with us. I highly recommend Mr. Lichten as an expert in the field of corrections, police procedures and jail procedures. Whether for the defendants or the plaintiffs.”
“So the verdict came in...NOT GUILTY on count 2 (the third strike charge)! My client was so happy. I literally hugged him right on the spot! I can't thank you enough, on behalf of both myself and the defendant. You were key to helping us get this verdict. I can promise you that we will be working on many more cases in the future and that I will sing your praise to everyone in my office. i just can't thank you enough.”
“My firm had the pleasure of speaking to Richard Lichten regarding jail and prison practices. I was very impressed by the depth and extensiveness of his knowledge. His assistance helped direct our discovery inquiries and allowed us to both obtain and analyze information critical to our case. If you plan to retain an expert in the fields of police and jail practices and procedures, look no further than Richard Lichten.”
“My firm was recently involved in an unprovoked peace officer excessive use of force litigation wherein our client suffered permanent nerve damage. Our burden was to show the force used was excessive and beyond the “reasonable peace officer’ standard. We were fortunate to find Richard Lichten of Police and Jail Procedures. Richard was professional, informed and very, no, make that extremely thorough in his investigation. My firm is constantly bombarded with experts’ resumes, but if any come in for a police use of force expert they go right in the trash. There is ONLY one such expert this firm will ever use in the future. I cannot recommend Richard enough.”
"My client was charged with two counts of felony assault on police officers. I retained Rick Lichten to provide consultation. I was pleased to find that Mr. Lichten is the most knowledgeable and efficient police practices expert I have ever had on a case. His knowledge and preparation is beyond anything I have ever encountered in my practice since 1974. Please hire Mr. Lichten for any police procedures case. You will be hiring the best."
Call for a consultation - 661.406.7258
ABOUT
Richard Lichten, CLS
Police and Jail Procedures Consultant
With a lifetime of service in the public sector encompassing patrol, jail/custody, and investigatory procedures, Richard Lichten is now a police and jail procedures consultant for attorneys, public agencies, and the media. He has been accepted as an expert to testify in United States District Courts and in California, Nevada, and Arizona, and Hawaii courts in the:
• Use of force (less-lethal and lethal)
• Use of the TASER and Pepper spray
• Police practices
• De-escalation techniques
• Incidents involving the mentally ill
• Arrest Warrant Operations
• Exigent v. Non-Exigent police entry
• Citizen’s right to resist excessive force by the police
• Emergency Vehicle Operations
• Supervision of police pursuits
• Narcotics
• Evidence collection in narcotics cases
• Sexual assault investigations
• Evidence collection in firearms cases
• Use of private security guards
• Prison inmate culture
• jail-made weapons
• gang vs. non-gang attacks on staff
• Inmate safety checks
• Use of Safety Cells and Sobering Cells
• Jail food service
• Jail and Prison - Inmate medical care issues
• Possession of narcotics for personal use vs. for sales in state prisons
• Inmate housing
• Excited Delirium in police custody
• Jail suicide
and has authored numerous Rule 26 reports for cases in federal court. Mr. Lichten has been accepted as a police practices expert by the Los Angeles County Superior Court Committee of Superior Court Judges who have been appointed to maintain a Panel of Expert Witnesses. Mr. Lichten is also a member of the Public Defender’s Office police experts’ databases in Riverside County, San Bernardino County, San Diego County, and Orange County.
Mr. Lichten has consulted in plaintiff and defense cases in Arizona, California, Colorado, Connecticut, Hawaii, Nevada, New York, Tennessee, Texas, Washington State, Wisconsin, and Alberta Canada.
In 2013, Mr. Lichten earned the designation of Certified Litigation Specialist (CLS) from the Americans for Effective Law Enforcement (AELE). The Americans for Effective Law Enforcement was formed in 1966 and opened the Law Enforcement Legal Center in 1973. AELE is a research driven educational organization that produces and disseminates legal information through traditional seminars, via electronic media, and direct contact. Mr. Lichten received his CLS after completing the following litigation-related required training in:
• Lethal and Less Lethal Use of Force
• Arrest-Related, Excited Delirium, Sudden In-Custody Death, Jail Suicide
• Management, Oversight, and Monitoring of Use of Force, including ECW (TASER) Operations and Post-Incident Forensics
• Discipline and Internal Investigations
He served as a Lieutenant for various Los Angeles County Sheriff’s Department stations as well as correctional facilities throughout Los Angeles County, and commanded many large-scale operations during major natural disasters such as wildfires and earthquakes. Other functions included Sergeant (patrol and custody), Narcotics Investigator, Detective, Patrol Deputy, and Training Officer. He was consistently commended for his professionalism, his outstanding performance, and his dedicated service to the community.
He has provided training in the proper handling of various public interactions such as high-risk incidents, tactical command science in tense situations, use of force, proper patrol procedures, emergency skills preparedness and training, officer safety, incident report writing, California penal codes, police ethics, and supervision and leadership skills for newly promoted sergeants and lieutenants.
In his thirty-year career, Mr. Lichten has amassed vast experience in analyzing use of force by his subordinates to determine if the force used was proper, reasonable, and within policy. Mr. Lichten has investigated numerous complaints from private citizens and inmates concerning allegations of deputy misconduct. Mr. Lichten commanded and investigated numerous high speed pursuits. Mr. Lichten was a participating member of the Los Angeles County Sheriff’s Department Pursuit Evaluation Committee. As a patrol watch commander, Mr. Lichten commanded numerous high-risk barricaded suspect operations as well as deploying K9s after dangerous suspects.
As a watch commander in various divisions of the Los Angeles County Sheriff’s Department, Mr. Lichten ensured that all staff followed proper protocol and procedures concerning high-risk incidents, officer involved shootings, vehicle pursuits, etc. In a custody environment, Mr. Lichten commanded responses to over 100 major inmate disturbances/riots within large correctional facilities (up to 4,000 inmates), dealing with barricaded inmates, forced cell removals, hostage situations, medical emergencies, fires, evacuations, earthquakes, and jail suicide prevention. As a lieutenant he lectured at the Sheriff’s academy on the POST certified topic of Crimes Against Persons. As a sergeant he attended the POST Career Integrity and Police Ethics facilitator trainer course on police ethics, and held over twenty ethics workshops for deputy personnel. As a narcotics investigator, Mr. Lichten testified over 100 times as a narcotics expert in over a dozen courts throughout Los Angeles County and Ventura County.
In November 2014, the Institute for the Prevention of In-Custody Deaths (IPICD) certified Mr. Lichten as an instructor in the Prevention and Management of Suicide in Law Enforcement (both in patrol and in the jails).
In October 2015, the Institute for the Prevention of In-Custody Deaths (IPICD) certified Mr. Lichten as an Excited Delirium and Agitated Chaotic Events instructor, which includes the Recognition, Responding, Managing, and Investigating Arrest-Related and Sudden, In-Custody Deaths.
In April 2017, the Institute for the Prevention of In-Custody Deaths (IPICD) certified Mr. Lichten as an Arrest-Related and In-Custody Death Investigative Specialist.
In January 2018, the Institute for the Prevention of In-Custody Deaths (IPICD) certified Mr. Lichten as a trainer in the area of the Americans with Disability Act (ADA) as it relates to law enforcement and the arresting, transporting, and jailing of wheelchair user suspects and suspects with other ADA defined disabilities.
Mr. Lichten frequently provides media entities with information and perspective concerning law enforcement policies and procedures. He has also assisted public agencies with opinion, recommendations, and assistance in regard to training manuals, and has written numerous emergency procedures, evacuation plans, response plans, and operations plans. Mr. Lichten has lectured to the Los Angeles County Public Defender’s Office and to the Riverside Public Defender’s Office about police use of force issues. In the private sector he has planned and managed security at various large-scale events, and has provided close-in protection for numerous individuals. He conducts assessments to gauge effectiveness of security measures and recommends adjustments to reduce or eliminate security breaches.
Mr. Lichten’s use of force expert testimony was cited in the May 30, 2012, published opinion of the Court of Appeal of the State of California, Second Appellate District, Division Eight, Alma Mendoza v. City of West Covina, et al., B227812, (Los Angeles County, Superior Court. Number: BC387119). In this opinion, the judgment was affirmed.
CASE DESCRIPTIONS
Sample Cases
I was retained in a criminal defense case wherein the defendant was charged with resisting arrest. I explained to the jury that the manner in which the officers attempted to handcuff the defendant was unreasonable and inconsistent with their training. I also explained to the jury why the force used by the officers was excessive and below the standard of care. The jury took less than an hour to return a verdict of not guilty.
I was retained by a criminal defense attorney to consult in an attempt murder case. The defendant was charged with attempted murder after he stabbed a man in a bar. After reading the case, visiting the scene, reviewing the detective interviews, and interviewing the defendant, I determined this was a case of self defense because the defendant had been placed in a front choke hold was would have died but for the use of his knife. I also determined the police interview was shoddy and below POST standards. The attorney used my findings and analysis in trail and in less than two hours the jury returned a not guilty verdict.
I was retained by defense counsel to examine the evidence in a jail-made weapon (shank) case and then render my opinion at trial. I determined the evidence was not fashioned as a jail-made weapon. I explained to the jury about how jail-made weapons (shanks) are fashioned and how they are used. I also explained my reasoning as to why the evidence in this case was not such a weapon. The jury returned a favorable verdict for the defendant.
I was retained to analyze and render opinions in a police use of force case wherein the suspect died after resisting the officers. An officer correctly arrested a man for felony. After his arrest he complained of pain and the arresting officer took him to the hospital. Once at the hospital the man refused to follow the officer’s orders. The arresting officer used a TASER to gain compliance. After other officers helped handcuff the man, the man lay dead on the hospital floor. I rendered a number of opinions about what to do when a suspect refuses medical help as well as opinions about the use of force. The jury reached a favorable verdict.
I was retained to analyze and render opinions in a police use of force case wherein the suspect was shot with a TASER and then forcibly handcuffed by two officers. Two officers saw bar security personnel remove a verbally abusive man from a bar. The officers were told by the bar personnel that the man had hit a woman inside the bar. When the officers tried to talk with the man, the man kept walking. The officers then used a TASER and physical force to stop him. My investigation showed that the officer had no legal right to stop the man and that the force used was excessive. I was able to show that the officers failed to conduct a proper investigation of the reported striking of the woman. I was able to show that the police department failed to conduct a use of force investigation. I wrote a Federal Rule 26 report, and, once defense counsel read my report, they settled the case.
I was retained to analyze and render opinions in a police use of force case wherein officers from two local agencies as well as a federal agency served a narcotics search warrant at 3:00 AM. The officers used a battering ram to gain entry. Once inside, the officer used a TASER and their fists to take the father into custody. My investigation showed that the forcible entry was illegal due to improper knock and notice and that the force used was excessive. After my defense deposition, defense counsel settled the case favorably.
Attorney Client Comment:
“My firm retained the services of Richard Lichten for a police negligence case dealing with the standard of care of searching an intoxicated inmate. Mr. Lichten was very professional, thoughtful, well prepared and extremely knowledgeable; he did particularly well while being cross-examined in deposition. Mr. Lichten’s testimony resolved the case positively.”
ARTICLES
Liability and Compliance with the ADA When Arresting, Transporting, and Jailing Persons in Wheelchairs
At some point in their career, both plaintiff and defense counsel will likely become involved in a police patrol case or a jail case involving a person with a visible or invisible disability as defined in Title II of the Americans with Disability Act (ADA).
A key point in cases of this nature is whether reasonable accommodations were made for the physical or mental limitations/disabilities of the individual during the investigation, arrest, transport and incarceration so that the individual suffered no greater injury or indignity than other arrestees or other prisoners. ::more::
Civilian on Civilian Use of Force in Self-Defense Cases and the Role of a Police and Jail Practices Use of Force Expert
As a police and jail practices use of force expert I have been retained many times in use of force cases involving police officers, deputy sheriffs, federal agents, and correctional officers. In civil cases I have been retained by plaintiff and defense attorneys and, in criminal cases, by the defense as well as the prosecution. In all of these cases law enforcement is involved in some manner. ::more::
Jail and Prison Inmate Safety Checks
Throughout the country most jails and prisons require routine inmate safety checks in accordance with policy and/or state regulations. These inmate safety checks may be required hourly or several times an hour depending on the needs of the inmates and the facility. These required routine inmate safety checks should never be confused with required inmate counts. They are two very different things. ::more::
Jail Medical Care and the Importance of a Jail Practices Expert
Medical care in a jail setting is a very specific and unique situation not faced elsewhere because both the correctional staff (guards, deputies, officers, etc.) and the jail medical staff have duties and responsibilities that by the nature of the in-custody setting overlap. ::more::
Jail and Station Holding Cell Suicides, Attempted and Completed: Avoiding Allegations of Deliberate Indifference
Deliberate indifference can be defined as a “conscious or reckless disregard of the consequences of one's acts or omissions,” or simply put, “What did you know, when did you know it, and what did you do about it?” Without question, you will want to do all you can to avoid allegations and to defend cases of deliberate indifference in jail attempted and completed suicides. I drew upon my personal experience working in large, maximum security jails with an average daily inmate count of 3,800 inmates. ::more::
Overcrowded Prisons and Officer Safety
Prison overcrowding poses not only great risk to inmates, but also increased risk to the correctional officers who work in overcrowded prisons. Much is written in the media about how overcrowding affects the prison inmate population; however; frequently, however, the plight of the officers is underreported. ::more::
Unnecessary / Excessive Use of Force – A Working Definition
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. ::more::
Jail and Prison Riots
For some time now, the news media has inundated the public with stories of prison underfunding, poor prison health care, and the possibility of California releasing thousands of prison inmates to ease overcrowding. Additionally, two major prison riots were reported. One riot was in California and one in Kentucky. Numerous prisoners were injured and millions of dollars in damage was done during both riots. The news reported that prison overcrowding was to blame in each case. ::more::
Jail Cell Extractions - a Risk Management Nightmare - Things to consider before opening the door and sending in the team
Imagine you’re working in a jail and there is a lone inmate in his cell who has refused to come out to have his weight taken by the medical staff, and the medical staff telling you that they must document this inmate’s weight. Now imagine that you and your team performed a cell extrication that was violently resisted by the inmate and that during the cell extraction the inmate dies. ::more::
CONTACT
Attorney Client Comment:
“I used Mr. Lichten’s expertise in a recent Federal criminal defense case (use of force/inmate culture/jail procedures). Richard was well prepared, professional and thorough. He was very easy to work and available at all times for consultation and preparation. I would not hesitate to recommend him to serve as an expert.”
Questions? Please contact us.
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Santa Clarita CA 91380
661.406.7258
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