Section 1983 Liability for Municipalities: Recent SCOTUS and COA Decisions

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.

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

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