The 17th annual conference on Section 1983 Civil Rights Litigation
ONLINE REGISTRATION AVAILABLE!
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here to register online or print registration information.
A Comprehensive Update on Liability
Arising Out of §1983, Presented by Leading
Experts and Eminent Legal Scholars For:
Municipal
Attorneys and Police
Supervisory
Officials
Criminal
Defense Attorneys
Plaintiffs’
Attorneys
March 16-17, 2000
The 17th annual conference
on Section 1983 Civil Rights Litigation
Liability arising out of §1983
presents a continuing challenge for all municipal lawyers, private practitioners,
and litigators who try cases in this dynamic area. Keeping up with this
ever-changing environment is critical. At this seventeenth annual conference
you will learn both the fundamentals and more advanced aspects of §1983
practice and trial skills, and analyze the latest judicial decisions.
Program Highlights
The
Prima Facie Case Against Individuals
Individual
Immunities
Municipal
LIability
Due
Process and First Amendment Public Employment Actions
Litigating
Sexual Harassment Claims under Title VII
Police
Misconduct Litigation
Americans
with Disabilities Act
Attorney's
Fees and Ethical Issues
The
Supreme Court's Term: Recent and Forthcoming Decisions
Program Chair
Sheldon H. Nahmod,
Distinguished Professor of Law, Chicago-Kent College of Law, Illinois Institute
of Technology, is a leading expert on constitutional law, civil rights
and the law of §1983. He is the author of Civil Rights and Civil
Liberties Litigation: The Law of Section 1983 (4th ed. 1997 and 1999
update) and has argued civil rights cases before the U.S. Supreme Court
and many other federal courts. He also lectures regularly to federal judges
on §1983. He is a graduate of the University of Chicago and Harvard
Law School.
The Program
THURSDAY, MARCH 16, 2000
8:00-8:45
REGISTRATION
8:45-9:00
WELCOME
Sheldon H. Nahmod,
Program Chair and Distinguished Professor of Law, Chicago-Kent College
of Law, Chicago, IL
Henry H. Perritt, Jr., Vice
President, Illinois Institute of Technology, Downtown Campus, Dean and
Professor, Chicago-Kent College of Law, Chicago, IL
9:00-10:00
The Prima Facie Case Against Individuals
14th
Amendment and its relation to §1983
State
action and color of law
State
of mind requirements for different constitutional violations
Causation
in fact and the 1999 LeSage decision
Due
process, the demise of malicious prosecution and the 1998 County of
Sacramento decision
dealing with high-speed police pursuits
Heck
and habeas corpus
Sheldon H. Nahmod,
Program Chair and Distinguished Professor of Law, Chicago-Kent College
of Law, Chicago, IL
10:00-10:15
Commentary
Erwin Chemerinsky,
Professor of Law, University of Southern California, Los Angeles,
CA
10:15-10:30 BREAK
10:30-11:30 Individual
Immunities
Absolute
immunities for prosecutorial, legislative, and judicial acts: Kalina
v. Fletcher and Bogan v. Scott-Harris
Unresolved
issues: Are social workers and boards with adjudicatory authority entitled
to absolute immunity?
The
standard for qualified immunity: What is clearly established law that a
reasonable officer should know?
The
sequence for analyzing qualified immunity questions: Wilson v. Layne
Heightened
pleading and proof requirements: Siegert v. Gilley, Leatherman v. Tarrant
County,
Crawford-El v. Britton
Immunities
for private party defendants: Richardson
v. McKnight
Erwin Chemerinsky,
Professor of Law, University of Southern California, Los Angeles,
CA
11:30-11:45
Commentary
Sheldon H. Nahmod,
Program Chair and Distinguished Professor of Law, Chicago-Kent College
of Law, Chicago, IL
11:45-1:00
LUNCH (on your own)
1:00-1:45 Municipal
Liability
The
official policy or custom requirement of Monell
The
various methods of establishing local government liability
Identifying
final policymakers and deciding whose policy they make after Pembaur,
Praprotnik, Jett,
and McMillian
Developments
in inadequate training and supervision cases and inadequate screening and
hiring
cases after City of Canton
and Bryan County
Municipal
liability independent of employee liability: Implications of County
of Sacramento v. Lewisfor municipal liability
Karen M. Blum, Professor
of Law, Suffolk University Law School, Boston, MA
1:45-2:00
Commentary
John B. Murphey, Rosenthal,
Murphey, Coblentz & Janega, Chicago, IL
2:00-2:45
Due Process and First Amendment Public Employment
Actions
General
update- Hot topics in First Amendment/due process law
Public
employee discipline: How much process is due, and when?
Determination
of property interest
Liberty
interest cases and the "stigma-plus" test
The
problem of biased decision makers
Public
employer’s duty of inquiry: Matter of public concern?
Public
employee free speech claims
Availability
of qualified immunity in public employee litigation
First
Amendment independent contractors cases
John B. Murphey, Rosenthal,
Murphey, Coblentz & Janega, Chicago, IL
2:45-3:00
Commentary
Karen M. Blum, Professor
of Law, Sulfolk University Law School, Boston, MA
3:00-3:15
BREAK
3:15-4:00 Litigating
Sexual Harassment Claims under Title VII
Employer
liability for "quid pro quo" harassment
Hostile
work environment: How much is too much!
Same-sex
harassment
Employer
liability for hostile work environment created by supervisors, co-workers
and third parties
Remedies
Defenses
and tips for avoiding liability
Rosalie B. Levinson,
Professor of Law, Valparaiso University School of Law, Valparaiso,
IN
4:00-4:30 Audience
Discussion with Speakers
4:30-5:30
RECEPTION (Co-Sponsored by West Group)
FRIDAY, MARCH 17, 2000
8:00-8:45
CONTINENTAL BREAKFAST
8:45-9:30
Police Misconduct Litigation
Excessive
force claims
Use
of canines
Positional
asphyxia and pepper spray
Unreasonable
seizures of unreasonable people
Racial
profiling
Failure
to conduct a reasonable investigation prior to arrest
Michael Avery, Professor
of Law, Suffolk University Law School, Boston, MA
9:30-9:45
Commentary
Gerald M. Birnberg, Williams,
Birnberg & Andersen, Houston, TX
9:45-10:00
BREAK
10:00-10:45 Americans
with Disabilities Act
The
scope and coverage of Title II of the ADA
Non-discrimination
standards
Available
remedies
Ellen M. Weber, Director
of National Office, Legal Action Center, Washington, DC
10:45-11:30 Attorney’s
Fees and Ethical Issues
Civil
Rights Attorney’s Fees Award Act of 1976; its scope and effect
Hensley
v. Eckerhart, T.S.T.A. v. Garland, and the test for
determining "prevailing" parties
Decisions affecting entitlement to and the amount
of fee awards: Kay v. Ehrler, City of Burlington v.
Dague, Farrar v. Hobby, Missouri
v. Jenkins, West Virginia University Hospitals v. Casey, and others
Does
the catalyst theory survive Farrar v. Hobby? The split in the circuits
Ethical
issues, including: fee waiver offers, conflicts of interest and multiple
representation, professionalism in fees litigation
Gerald M. Birnberg,
Williams, Birnberg & Andersen, Houston, TX
11:30-11:45 Commentary
Michael Avery, Professor
of Law, Suffolk University Law School, Boston, MA
11:45-12:00
Audience Discussion with Speakers
12:00-1:15
LUNCH (on your own)
1:15-2:15 The
Supreme Court’s Term: Recent and Forthcoming Decisions
The
Eleventh Amendment and sovereign immunity in state and federal court
The
scope of Congress’ power under section five of the Fourteenth Amendment
and the commerce
clause
Major
First Amendment rulings
Important
constitutional decisions
Erwin Chemerinsky, Professor
of Law, University of Southern California, Los Angeles, CA
2:15-2:30 BREAK
2:30-2:45
Commentary
Sheldon H. Nahmod Program
Chair and Distinguished Professor of Law Chicago-Kent College of Law Chicago,
IL
2:45-3:15 Audience Discussion with Speakers
3:15 Adjourn
The Faculty
Sheldon H. Nahmod
Program Chair and Distinguished
Professor of Law Chicago-Kent College of Law
Chicago, IL
Michael Avery
Professor of Law, Suffolk University
Law School
Boston, MA
Gerald M. Birnberg
Williams, Birnberg & Andersen
Houston, TX
Karen M. Blum
Professor of Law, Sulfolk
University Law School
Boston, MA
Erwin Chemerinsky
Professor of Law, University of
Southern California
Los Angeles, CA
Rosalie B. Levinson
Professor of Law, Valparaiso University
School of Law
Valparaiso, IN
John B. Murphey
Rosenthal, Murphey, Coblentz &
Janega
Chicago, IL
Ellen M. Weber
Director of National Office, Legal
Action Center
Washington, DC
General Information
Confirmation of Registration:
A letter will be mailed to you at the address given on your registration
form.
Confirmation of Attendance: A certificate of attendance will
be provided at registration.
Cancellations and Refunds: Written notification of cancellation
is required. A full tuition refund is available if notification is received
prior to February 18, 2000; 25% will be charged if notification is received
between February 18 and March 10, 2000. No refunds will be granted after
March 10, 2000.
CLE/CPE Credit: 10.5 hours on a "60-minute" credit hour; 12.6
hours on a "50-minute" credit hour.
For Additional Information: Please call the Office of Continuing
Legal and Professional Education, Chicago-Kent College of Law, (312) 906-5090.
Hotel Accommodations: Hotel accommodations have been made at
The Executive Plaza Hotel
and The Regal Knickerbocker
Hotel. Registrants are responsible for making their own reservations.
The room rate at the Executive Plaza is $119 for single or double occupancy,
plus 14.9% tax. The room rate at the Regal Knickerbocker is $155 for single
or double occupancy, plus 14.9% tax. Both hotels are a short cab ride to
the law school and provide easy access to Michigan Avenue night life and
shopping. Requests for accommodations made after February 14, 2000 cannot
be assured. Be sure to tell the hotel reservation receptionist that you
are attending the Chicago-Kent College of Law Section 1983 Program.
To make reservations, write or telephone:
The Executive Plaza Hotel
The Regal Knickerbocker Hotel
71 East Wacker Drive
163 E. Walton Place
Chicago, IL 60601-3706
Chicago, IL 60611
(800) 621-4005
(800) 621-8140
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