For more than 45 years he has litigated civil rights issues including police misconduct, race, sex, sexual orientation and disability discrimination, prisoner rights, voting rights, and reproductive health issues.
Sheriff Gary Raney worked for 31 years at the Ada County Sheriff’s Office in Boise, Idaho, serving as the elected sheriff for the last ten years. He retired in 2015 and has worked for the U.S. Department of Justice (DOJ) and independently on law enforcement and jail policy and practices.
A viable excessive-force claim is routinely waived, time-barred, or quietly forfeited long before any plaintiff's lawyer sees it — destroyed by plea language, missed accrual dates, and evidence no one preserved. With plea bargaining resolving nearly every criminal case and qualified immunity still intact after years of stalled federal reform, the decisions that make or break a § 1983 action are made at arraignment and sentencing, not at the civil complaint. Criminal defense attorneys, public defenders, and general practitioners handling an arrest are already shaping these claims, often surrendering them through factual stipulations they never recognized as dispositive. This program maps the elements of excessive force under Fourth and Eighth Amendment objective-reasonableness review, the plea terms that preserve rather than waive a § 1983 claim, the accrual, tolling, and state-law borrowing rules that govern limitations, and the qualified-immunity arguments most vulnerable to attack. Attendees leave able to spot the claim, draft a plea that protects it, and lock down the evidence a later case will turn on.
What Will You Learn
Attorneys will learn to identify excessive force and other civil rights and constitutional claims, protect those claims while providing a criminal defense, and understand 42 U.S.C. § 1983 basics.
What Will You Gain
Attorneys will gain skills to spot civil rights cases, preserve claims during criminal defense, and understanding of the primary civil rights statute, 42 U.S.C. § 1983.
Key topics to be discussed:
This course is co-sponsored with myLawCLE.
Date / Time: June 17, 2026
Closed-captioning available
Alphonse A. Gerhardstein | Friedman, Gilbert + Gerhardstein
Alphonse A. Gerhardstein is a partner in the Ohio civil rights firm of Friedman, Gilbert +Gerhardstein. https://www.fggfirm.com/al-gerhardstein. For more than 45 years he has litigated civil rights issues including police misconduct, race, sex, sexual orientation and disability discrimination, prisoner rights, voting rights, and reproductive health issues. Gerhardstein has served as lead counsel on numerous civil rights class actions including one that reformed Ohio’s juvenile prisons and another that resulted in Cincinnati’s Collaborative Agreement, which has been repeatedly cited as a national model for police reform. He served as lead counsel for the family of Sam DuBose which resulted in a settlement exceeding 5 million, an apology and extensive reforms following his shooting by a university police officer. He was lead counsel in Obergefell v. Hodges, the U.S. Supreme Court case establishing marriage equality for same sex couples in all 50 states. His long struggle to secure LGBQ rights is chronicled in a book by Debbie Cenziper and Jim Obergefell, Love Wins, and in episode #5 of the Netflix series hosted by Will Smith, Amend: The Fight for America. https://www.netflix.com/title/80219054.
Mr. Gerhardstein is the Founder of the Ohio Justice and Policy Center www.ohiojpc.org which pursues criminal justice reform and litigates human rights in prison. He earned his J.D. degree from and was a Root Tilden Scholar at New York University. Mr. Gerhardstein litigates causes not just cases and pursues reforms in all of his practice areas. He now splits his time between St Paul Minnesota and Cincinnati.
Gary Raney
Sheriff Gary Raney worked for 31 years at the Ada County Sheriff’s Office in Boise, Idaho, serving as the elected sheriff for the last ten years. He retired in 2015 and has worked for the U.S. Department of Justice (DOJ) and independently on law enforcement and jail policy and practices. He has been an investigator for the DOJ, a federal court Monitor in two large California counties and, in 2022, was appointed by a federal court as the Independent Compliance Director for the Miami-Dade Corrections and Rehabilitation Department, granting him receiver-like authority.
In 2025, New York City hired him to lead reforms in the jail system, commonly known as Rikers Island, to achieve substantial compliance with 18 provisions of the Consent Agreement in Contempt.
Sheriff Raney holds Bachelor’s and Master’s degrees in Criminal Justice Administration from Boise State University and is also a graduate of many of the nation’s top law enforcement leadership courses. He has taught university-level courses for several years and has presented to thousands of law enforcement professionals on best practices.
I. Elements of an excessive force claim against police officers and jail guards | 1:00pm – 1:20pm
II. Protecting a criminal defendant’s civil rights claim while pursuing a guilty or no contest plea | 1:20pm – 1:40pm
III. Statutes of limitation for civil rights claims | 1:40pm – 2:00pm
Break | 2:00pm – 2:10pm
IV. Primary immunity defenses raised by law enforcement officers | 2:10pm – 2:40pm
V. Practical tips for investigating and preserving claims | 2:40pm – 3:10pm