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.”

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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::

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.”

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