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INTRODUCTION TO §1983: CIVIL RIGHTS LITIGATION

Sponsored with the National Police Accountability Project and the City Solicitors & Town Counsel Association

Please Note: This course has already been held.

Date: Thursday, May 19, 2005

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM

Faculty
Schedule/Agenda
Registration Information

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Come to Introduction to Section 1983 and learn the basics from knowledgeable professors and experienced attorneys for both plaintiffs and defendants. Starting with an explanation of the nuts and bolts of Section 1983, Professor Karen Blum also explains the intricacies of municipal liability. You will learn about the complex qualified immunity defense which can be the undoing of a plaintiff’s case. Lawyers from both sides tell you how to investigate a claim and draft the complaint, making decisions on who to sue and which legal theories to present. Finally you’ll learn the critical steps needed to present a fee petition and how the defense attorney will counter the demand for fees.

  F A C U L T Y

  Professor Karen M. Blum
  Suffolk University Law School, Boston, MA
   
  Professor Michael Avery
  Suffolk University Law School, Boston, MA
   
  Howard Friedman
  Law Offices of Howard Friedman, P.C., Boston, MA
   
  Steven P. Perlmutter
  Robinson & Cole, LLP, Boston, MA
   
  Susan Weise
  Chief of Litigation, Boston Law Department
   
  S C H E D U L E / A G E N D A

9:00 Welcome and Introductions
Howard Friedman, Esq., Chairperson



9:10 Nuts and Bolts of a Section 1983 Case
  • When is conduct “under color of” state law?
  • Individual vs. official capacity suits
  • Analyzing supervisory vs. municipal liability claims
  • Even though “no exhaustion” is the rule, being aware of claims under PLRA and procedural due process claims
  • Not confusing the constitutional claim with the statutory remedy: Is there a state-of-mind requirement?
  • Appreciating the special rules that apply when suing or defending state officials
  • Heightened pleading : The Supreme Court’s latest word in Swierkiewicz and how the Circuits are applying the decision to Section 1983 cases
  • The difference between Section 1983 and habeas: Heck v. Humphrey and the Supreme Court’s latest decision in Muhammad v. Close (2004)

    Professor Karen M. Blum



10:45 Qualified Immunity: Recent Developments
Professor Michael Avery



12:15 Lunch (On your own)

1:15 Municipal Liability under Section 1983
  • Official policy: whose policy is it? • Recent custom and usage cases: importance of actual or constructive notice of policymaker
  • Attribution of decisions of final policymakers
  • Liability for failure to screen, train, supervise, discipline: Post-Bryan County developments
  • Is it deliberately indifferent not to provide officers with less than lethal weapons and training therein? Learn about the recent decision in Carswell v. Borough of Homestead
  • Substantive due process claims and municipal liability: Can the City be held liable absent employee liability?
Professor Karen M. Blum



2:15 Evaluating a Case/Drafting the Complaint
  • Who to sue? Supervisor? Other officers? Private employer?
  • How much detail should you include in your complaint?
  • John Doe defendants • Anticipating qualified immunity
  • Mistakes to avoid
Howard Friedman, Esq. and Susan Weise, Esq.



3:30 Attorney Fees
Steven P. Perlmutter, Esq



4:30 Q & A

5:00 Conclude

~Companion Course~

Advanced Police Misconduct Litigation
Friday, May 20, 2005, 9:00 a.m. to 5:00 p.m.
Attend both for $399.00!
For more information on this course, please click here



  G E N E R A L   I N F O

Date:  

Thursday, May 19, 2005

Tuition:  

Tuition is $249.00; $199.00 for attorneys admitted to the Bar after 2002, Suffolk Alumni and members of the City Solicitors and Town Counsel Association and members of the National Police Accountability Project.

HOTEL: A limited number of hotel rooms are being held at
Club Quarters, 161 Devonshire Street, Boston for attendees from 5/19-5/21 at $149/night until April 4, 2005. To reserve call 1-212-575-0006 and identify yourself with American Bar Association, code ABA519.



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.



Refunds:  

Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15.00 charge. If you cannot attend, you can send a substitute, otherwise you will receive the course materials.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

Approved for CLE Credit in RI, NH, VT & ME. Please call if you will require credits from another state.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.




Directions to the Law School.

 

Unable to attend but are interested in the course materials?
Purchase Here!


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