Co-sponsored with Georgetown University Law Center

Date: Thursday, April 17, & April 18 2008

Location: Georgetown University Law Center, Hart Auditorium, Washington, D.C.
Time: 08:30 AM - 05:30 PM

Liability arising out of Section 1983 claims presents a continuous challenge for those involved. Your success is determined by your ability to keep up with the unremitting environment. This seminar will provide you with an opportunity to explore the fundamental elements and complexities of your Section 1983 litigation as well as a chance to explore the latest judicial decisions. Continuing the tradition of high-quality speakers, experts in the field will address the toughest issues and provide insights into successful strategies for both plaintiffs' and defendants' lawyers.

By attending you will...

• Hear the latest on Supreme Court cases in Section 1983 with a fast-paced review from Prof. Erwin Chemerinsky
• Receive valuable information about wrongful conviction remedies including the implications of Wallace v. Kato and lessons learned from Limone v. United States
• Gain insight on qualified immunity from Prof. Alan Chen
• Learn how to use statistical evidence to address police supervisory and disciplinary practices
• Explore the use of law enforcement special operations and related policy and training issues

  F A C U L T Y

  
  

  	Professor Karen M. Blum, Program Chair
  	Suffolk University Law School, Boston, MA
  	Professor Michael Avery
  	Suffolk University Law School, Boston, MA
  	Erwin Chemerinsky
  	Alston & Bird Professor of Law, Duke University School of Law, Durham, NC
  	Professor Alan K. Chen
  	The University of Denver College of Law, Denver, CO
  	Professor Craig B. Futterman
  	Clinical Professor of Law, The Univerity of Chicago Law School, Chicago, IL
  	Mary Jo Harris, Esq.
  	Morgan, Brown & Joy LLP, Boston, MA
  	J. Michael McGuinness
  	The McGuinness Law Firm, Elizabethtown, NC
  	Jack Ryan
  	Law Enforcement Training and Policy Consultant, Greenville, RI

  
  
  

  S C H E D U L E / A G E N D A

  
  

  Day One-Thursday, April 17, 2008
  8:30	CONTINENTAL BREAKFAST & REGISTRATION
  8:50	WELCOME & INTRODUCTIONS
  9:00	THE NUTS AND BOLTS OF SECTION 1983 LITIGATION When do you have the deprivation of a federal right? When is conduct “under color of” state law? Understanding the difference between individual vs. official capacity suits What state of mind is required to make out the underlying constitutional violation? Appreciating the special rules that apply when suing or defending state officials Pleading: The Supreme Court's latest word in Bell Atlantic Corp. v. Twombly and Erickson v. Pardus and how the Circuits are applying the decisions to Section 1983 cases The intersection of Section 1983 and habeas corpus PANELIST: Professor Karen M. Blum
  9:45	PROCEDURAL DEFENSES Statute of limitations, notice of claim and accrual (Heck v. Humphrey, Wallace v. Kato) Tolling and relation back Issue preclusion: Effect of preliminary hearings, guilty pleas and convictions on probable cause and excessive force claims Exhaustion, abstention and deference to state court proceedings Release-dismissal agreements PANELIST: The Honorable Wayne C. Beyer
  10:30	QUESTIONS & ANSWERS
  10:45	NETWORKING BREAK
  11:00	QUALIFIED IMMUNITY: UNPACKING THE DOCTRINE The theory and practice of qualified immunity: An overview Articulating the qualified immunity test: How many parts are there, anyway? Those are the facts, Part I: The scope of permissible discovery on the qualified immunity issue Those are the facts, Part II: Questions of fact, special interrogatories and the jury question Appealability: Exceptions to the Mitchell v. Forsyth exception PANELIST: Professor Alan K. Chen
  11:45	QUESTIONS & ANSWERS
  12:00	LUNCH (On your own)
  1:30	WRONGFUL CONVICTION REMEDIES Implications of Wallace v. Kato The sorry state of malicious prosecution Due process causes of action Lessons from Limone v. United States PANLIST: Professor Michael A. Avery
  2:15	SYSTEMIC DENICIENCIES IN POLICE INTERNAL AFFAIRS INVESTIGATIONS: THE USE OF STATISTICAL EVIDENCE TO ADDRESS POLICE SUPERVISORY AND DISCIPLINARY PRACTICES A fresh look at Monell police failure to discipline/supervise claims Common procedural and evidentiary stumbling blocks and how to avoid them Statistical evidence in police municipal liability cases: Using numbers to win A case study of the power of statistics in police misconduct litigation : The Chicago Model PANELIST: Professor Craig B. Futterman
  3:00	QUESTIONS & ANSWERS
  3:15	NETWORKING BREAK
  3:30	LIABILITY FOR LAW ENFORCEMENT SPECIAL OPERATIONS Use of special teams requires special precautions, special training and special equipment: What are they and how do they impact your case? Policy and training available to law enforcement for dealing with mass demonstrations High risk warrant service and SWAT operations: Generally accepted and best practices for deciding when such an entry is necessary and how such an entry will be carried out Tools, tactics and training requirements for special operations Policy considerations: What should you see in the agency policy when evaluating one of these cases? PANELIST: Jack Ryan
  4:15	QUESTIONS & ANSWERS
  4:30	NETWORKING RECEPTION(4:30-5:30 p.m.)

  
  
  

  Day TWO, APRIL 18, 2008
  8:30	CONTNENTAL BREAKFAST
  9:00	LITIGATING PUBLIC EMPLOYEE RETALIATION CLAIMS POST-GARCETTI Understanding the Supreme Court's decision in Garcetti v. Ceballos Determining whether and when a public employee's speech on a matter of public concern is unprotected Deciding whether a public employee's speech falls within her employment duties Exploring the impact of Garcetti on free speech of public school teachers, law enforcement and prison officials and other public employees Understanding what Garcetti means for state whistle-blower claims Exploring state constitutional law as an alternative PANELIST: Mary Jo Harris and J. Michael McGuinness
  10:15	QUESTIONS & ANSWERS
  10:30	NETWORKING BREAK
  10:45	MUNICIPAL LIABILITY UNDER SECTION 1983: RECENT DEVELOPMENTS Riding on the coattails of the individual official's qualified immunity defense Official Policy: Whose policy is it? “Custom or Usage”: How many incidents does it take to establish a pattern? Understanding the derivative notion of liability in City of Canton cases Bifurcation: Two sides to the story Policymakers: Is every decision by a final policymaker a policy that can be attributed to the entity? PANELIST: Professor Karen M. Blum
  11:30	QUESTIONS & ANSWERS
  11:45	NETWORKING BREAK
  12:00	SUPREME COURT REVIEW AND PREVIEW: WHAT THE COURT DECIDED AND WHAT IT MEANS FOR YOUR CLIENTS Review of major decisions from October Term 2006, concerning civil rights litigation, including: police liability for injuries in high speed chases (Scott v. Harris) Statute of limitations for pay discrimination claims under Title VII (Ledbetter v. Goodyear Tire & Rubber, Inc.) Student speech (Morse v. Frederick) Campaign finance (Federal Election Com'n v. Wisconsin Right to Life, Inc.) School desegregation (Parents Involved in Community Schools v. Seattle School Dist. No. 1) Search and seizure (Brendlin v. California) Preview of major cases on the docket for October Term 2007, including cases concerning the Fourth Amendment, election law and the rights of detainees at Guantanamo Identifying key themes about the Roberts Court as it enters its third year PANELIST: Professor Erwin Chemerinsky
  1:15	QUESTIONS & ANSWERS
  1:30	EVALUTION & ADJOURNMENT

  G E N E R A L   I N F O

  
  

  Date:   Thursday, April 17, & April 18 2008 Tuition:   $895.00 Regular Registration $845.00 Georgetown Law Alumnus Please call the Center for Advanced Legal Studies at (617) 573-8627 to register for the following categories: $695.00 Government Registration $595.00 IMLA Members $400.00 Paralegal Registration Refunds:   Cancellations/Rain Checks/Substitutions Please fax your cancellation notice to (617) 305-3099 by 5:00 pm on Monday, April 14, 2008 for a refund (less $75 administrative fee). Rain checks for a future program will be granted for cancellations received after April 14 and prior to the start of the program. Substitutions are accepted at anytime prior to the program. Money-Back Guarantee We are confident that you will leave this conference with more than enough ideas and insights to make your investment pay off. However, if you feel you have not received your money's worth by the end of the program, simply contact a member of our registration team at the conference or call (202) 662-9890 and we will process a 100% refund for your registration fee! Location:   Georgetown University Law Center, Hart Auditorium, Washington, D.C. Credit:   Accreditation has been or will be requested for this program from states with mandatory Continuing Legal Education requirements for 9.5 CLE credits including (based on a 60 minute hour) and 11.0 CLE credits (based on a 50 minute hour). Georgetown University Law Center is an accredited CLE provider in most MCLE states. Georgetown Law CLE is a State Bar of California approved MCLE provider. Some states require nominal accreditation fees. You will be asked to submit payment at the program's conclusion. Special Needs:   Services for People with special needs or dietary restrictions: Call (202) 662-9890 Scholarships:   Georgetown Law CLE makes every effort possible to provide equal educational opportunities to all. We provide a limited number of scholarships on a case-by-case basis. Apply online at georgetowncle.org or submit written request no later than 5:00 pm by Friday, March 28, 2008 to: Scholarship Committee Georgetown Law CLE 600 New Jersey Avenue,NW Washington, DC 20001 or fax to (202) 662-9891