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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Government

Date & Time
  • event Date

    Thursday, July 11, 2019

  • schedule Time

    1:00 PM E.T.

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE course will discuss the elements of municipal liability under Section 1983 and the difference between individual, supervisory and municipal liability, including the definition of a "person" and "acting under color of state law." The program will discuss the latest cases, trends and strategies impacting 1983 litigation, and best practices for defending municipalities in these claims.

Faculty

Samuel C. Hall
Shareholder
Crivello, Nichols & Hall, SC

Mr. Hall's principal practice focuses on civil rights litigation and appellate practice. He has successfully defended hundreds of law enforcement officers, government officials and municipalities in cases involving alleged civil rights violations. He is admitted to practice and has defended law enforcement in high profile cases. His civil rights work has been covered nationally, including in publications such as the New York Times, Chicago Tribune, Wall Street Journal, Washington Post, Miami Herald and San Francisco Chronicle.

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Sara C. Mills-Flood
Shareholder
Crivello, Nichols & Hall, SC

Ms. Mills represents her clients in state, federal and administrative forums focusing on civil defense litigation and appellate work. She has successfully defended clients in matters involving a wide range of issues, including personal injury and premises liability, legal malpractice, and claims based on Wisconsin's Safe Place Statute, Wisconsin's Consumer Act, civil rights statutes, municipal regulations, the United States Constitution, and more. She is a frequent contributor to Crivello Carlson's blog, "On the Docket."

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Rhonda R. Stowers
Senior Attorney
Plunkett Cooney

Ms. Stowers has an extensive litigation practice that includes general liability, governmental law, commercial liability and real estate. As part of her governmental law practice, she advises and defends municipalities on a range of issues, including the Freedom of Information Act, the Open Meetings Act, federal and state constitutions, civil rights, zoning, charter amendments, ordinance drafting, and employment-related matters. She defends premises, employment, product and general liability cases on behalf of churches, employers, landlords, manufacturers and retailers. 

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Description

Section 1983 provides a mechanism for individuals alleging a violation of their constitutional rights to seek a remedy against employees or agents of a state or municipality. Although government entities are generally not liable for actions of its employees under Section 1983, plaintiffs can pursue Monell claims by identifying a governmental policy or custom that caused the plaintiff’s injury.

Section 1983 liability is an ever-shifting landscape in part because the phrase "deprivation of any rights, privileges, or immunities secured by the Constitution and laws" cries out for judicial interpretation. In the past two years, the Supreme Court and various federal circuit courts have defined new ways that Section 1983 does, and does not, offer redress for government actions.

This webinar will address the 2018 Supreme Court decision in Lozman v. City of Riviera Beach, which saw a balancing of the right to petition and probable cause for arrest. Other rulings highlighted--though this list is hardly exclusive--will include the Sixth Circuit's recent analysis of qualified immunity in an excessive force action (Smith v. City of Troy); the D.C. Circuit's 2018 discussion of deliberate indifference in the failure-to-train context (Lane v. District of Columbia); and the Fourth Circuit's analysis of Section 1983 in the context of an alleged retaliatory termination.

Listen as our panel of Section 1983 trial lawyers offers their perspectives on how these cases impact pending and future litigation and how to use these developments to protect against claims.

Outline

  1. Element of claims
    1. Defendant acting in an individual or official capacity?
    2. Qualified immunity
    3. Statute of limitations
    4. Defenses
    5. Proof requirements
    6. Causation
    7. State of mind
  2. Latest cases and trends in Section 1983 litigation
  3. Liability of municipalities outside of individual liability

Benefits

The panel will review these and other key issues:

  • How have courts interpreted the definition of a "person" and "acting under color of state law"?
  • What must a plaintiff allege to pursue a Monell claim under Section 1983?
  • Under what circumstances can a municipality be held liable for a Section 1983 violation in the absence of a finding of liability against the individual defendant?
  • The impact of recent appellate level decisions on planning and litigation