GILBERTSONInvestigations Inc. (239) 571-1840
Police Misconduct · Failure to Intervene & Render Aid

Failure to Intervene
& Render Aid

$42M
Plaintiff settlements & judgmentsSecured by retaining counsel in matters since 2014 · See the case file

Direct line: (239) 571-1840  ·  GregoryGilbertson@proton.me

Attorney and law-firm inquiries only

Two duties run alongside every use of force: the duty of an officer who sees excessive force to stop it, and the duty to render or summon aid once force has been used. Both are trained, both are written into policy, and both leave a record of whether they were honored.

From the Bench
U.S. District Court Western District of Washington

Never excluded. Professor Gilbertson’s testimony has not been excluded at trial in any state or federal court.

Ruling on a motion to exclude his testimony in Alvarez v. King County, No. C16-0721RAJ, 2017 WL 3189025 (W.D. Wash. July 27, 2017), Judge Richard A. Jones entered the following opinion.

“Mr. Gilbertson’s qualifications demonstrate extensive experience in policing. His expansive work as a police officer in Georgia, with assignments as a SWAT team officer, juvenile court investigator, school resource officer, stakeout squad officer, senior patrolman, and patrolman; then a career as a tenured college professor and university lecturer teaching criminal justice courses to degree-seeking students at colleges and universities, and as a licensed private investigator conducting felony pretrial investigations for attorneys in Washington State in dozens of criminal cases, makes him unique in the field of police expert witnesses. The Court finds that, based on his experience, Mr. Gilbertson’s testimony can be expected to have a reliable basis in knowledge and experience of police practices.”

The Hon. Richard A. Jones United States District Judge
The Scope

What this covers.

Within this engagement

  • Duty to intervene in another officer's excessive force
  • Opportunity and ability to intervene, on the timeline
  • Duty to render or summon medical aid after force
  • Delay between force and aid, documented from the record
  • Failure to report force or misconduct up the chain
  • Supervisory response once force was known
  • Agency duty-to-intervene and aid policies, and the training behind them
How it is analyzed

Body-worn video timed against the radio and CAD record, use-of-force and supplemental reports, aid-request and medical-response timestamps, each officer's training file on intervention and aid duties, and the agency's own policies, to establish who saw what, who could have acted, and what the record shows they did.

Engagement terms and the published fee schedule: For Retaining Counsel →

From the Record

Related casework.

Case accounts as published by retaining counsel. No result is promised for any other matter.

Questions

Before the record is sent.

How is a duty-to-intervene opinion established?
On opportunity and ability. The video and radio timeline show what each officer could see, how long the force lasted, and where each officer was standing. Measured against the agency's policy and the training the officer actually received, the record shows whether intervention was possible and whether it occurred.
What does retention cost?
A non-refundable $9,000 flat fee covering discovery review and the written expert report, with a bullet-point outline approved with counsel before writing begins. The full published schedule is on the For Counsel page.
Retain

Send an intervention record.

Attorney and law-firm inquiries only. Conflicts are checked before anything substantive, and you will hear about a conflict immediately.

Failure to intervene & render aid inquiry

For counsel with a duty-to-intervene or duty-to-render-aid matter.

Inquiry sent.

You will hear back directly. If the matter is urgent, call (239) 571-1840.

(239) 571-1840Direct line, Naples, Florida GregoryGilbertson@proton.meDirect email, prefilled for this matter.
Nationwide practiceRetained in 42 states and D.C. · Based in Naples, FL

Conflicts are checked before any substantive discussion. Please do not send privileged material with a first inquiry; after retention the record is exchanged on physical media. Gregory consults for attorneys and their staff only, and does not provide legal advice or attorney referrals to individuals.

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