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A Comprehensive Update on Liability
Arising Out of §1983, Presented by LeadingExperts
and Eminent Legal Scholars For:
Municipal
Attorneys and Police
Supervisory
Officials
Criminal
Defense Attorneys
Plaintiffs’
Attorneys
March 22-23, 2001
The 18th 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 eighteenth 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
Litigating
Sexual Harassment Claims under Title VII and under Section 1983 and the
Equal
Protection Clause
Procedural
Defenses: An Overview NEW!
Police
Misconduct Litigation Panel NEW!
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 2000
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 22, 2001
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, including
equal protection and
the Eighth Amendment
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
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
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
Cert
granted to deal with the relationship between excessive force and qualified
immunity
Heightened
pleading and proof requirements: Siegert v. Gilley, Leatherman v. Tarrant
County,
Crawford-El
v. Britton
Immunities
for private party defendants: Richardsonv. 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.
Lewis for
municipal liability
Karen M. Blum, Professor
of Law, Suffolk University Law School, Boston, MA
1:45-2:00 Commentary
Rosalie B. Levinson,
Professor
of Law, Valparaiso University School of Law, Valparaiso, IN
2:00-2:45 Litigating
Sexual Harassment Claims under Title VII and under Section 1983 and the
Equal Protection Clause
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
Relation
to §1983 and equal protection
Defenses
and tips for avoiding liability
Rosalie B. Levinson,
Professor
of Law, Valparaiso University School of Law, Valparaiso, IN
2:45-3:00 Commentary
Karen M. Blum, Professor
of Law, Suffolk University Law School, Boston, MA
3:00-3:15
BREAK
3:15-3:45 Procedural
Defenses: An Overview
Statutes
of Limitiations, Tolling and §1988
Res
Judicata, Collateral Estoppel and §1738
Release
Dismissal Agreements
Survival
and Wrongful Death
Sheldon H. Nahmod,Program
Chair and Distinguished Professor of Law, Chicago-Kent College of Law,
Chicago, IL
3:45-4:30 Audience
Discussion with Speakers
4:30-5:30
RECEPTION
(Co-Sponsored by West Group)
FRIDAY, MARCH 23, 2001
8:00-8:45 CONTINENTAL
BREAKFAST
8:45-9:45 Police
Misconduct Litigation Panel
Excessive
force claims
Positional
asphyxia and pepper spray
Unreasonable
seizures of unreasonable people
Racial
profiling
Failure
to conduct a reasonable investigation prior to arrest
Pre-trial
and trial strategies from plaintiff and defendant's perspectives
Choice
of venue; removal to federal court; related state law claims
Trial
strategy
Jury
instructions
Settlement
considerations
Moderator: John B. Murphey,
Rosenthal,
Murphey, Coblentz & Janega, Chicago, IL
Michael D. Bersani, Hervas,
Sotos, Condon & Bersani, P.C., Itasca, IL
James L. DeAno, Norton,
Mancini, Argentati, Weiler & DeAno, Chicago, IL
9:45-10:00
BREAK
10:00-10:45 Americans
with Disabilities Act
The
scope and coverage of Title II of the ADA
Abrogation
of Eleventh Amendment immunity
Non-discrimination
standards
Available
remedies
The
Equal Protection Clause
Ellen M. Weber, Senior
Vice President, 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
What
is a "prevailing party"? Hensley v. Eckerhart,
T.S.T.A. v. Garland, and others
Did
Farrar
v. Hobby change prior jurisprudence, and if so, how?
What
will the Supreme Court do now? (Buckhannon Bd. v. West Va. Dept. of
H.H.R.)
Ethical
issues in §1983 cases (especially on fee issues): fee waiver offers,
conflicts of interest in
multiple representation,
professionalism in litigation
Practical
tips and suggestions
Gerald M. Birnberg,
Williams,
Birnberg & Andersen, L.L.P., Houston, TX
11:30-11:45 Audience
Discussion with Speakers
11:45-1:00
LUNCH (on your own)
1:00-2:00 The
Supreme Court’s Term: Recent and Forthcoming Decisions
Federalism
and the scope of Congress' power under section five of
the Fourteenth Amendment and
the commerce clause
Major
First and Fourth Amendment rulings
Other
important constitutional decisions
Erwin Chemerinsky, Professor
of Law, University of Southern California, Los Angeles, CA
2:00-2:15 BREAK
2:15-2:30 Commentary
Sheldon H. Nahmod Program
Chair and Distinguished Professor of Law Chicago-Kent College of Law Chicago,
IL
2:30-3:15 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 D. Bersani
Hervas, Sotos, Condon & Bersani,
P.C.
Itasca, IL
Gerald M. Birnberg
Williams, Birnberg & Andersen,
L.L.P.
Houston, TX
Karen M. Blum
Professor of Law, Suffolk
University Law School
Boston, MA
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Erwin Chemerinsky
Professor of Law, University of
Southern California
Los Angeles, CA
James L. DeAno
Norton, Mancini, Argentati, Weiler
& DeAno
Chicago, IL
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
Senior Vice President, Legal Action
Center
Washington, DC
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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 23, 2001; 25% will be charged if notification is received
between February 23 and March 16, 2001. No refunds will be granted after
March 16, 2001.
CLE/CPE Credit: 10.5 hours on a "60-minute" credit hour; 12.5
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 Knickerbocker Hotel.
Registrants are responsible for making their own reservations. The room
rate at the The Knickerbocker is $155 for single or double occupancy, plus
14.9% tax. The hotel is a short cab ride to the law school and provides
easy access to Michigan Avenue night life and shopping. Requests for accommodations
made after February 19, 2001
cannot be assured. The Knickerbocker
Hotel also has a 48 hour cancellation policy. Be sure to tell the hotel
reservation receptionist that you are attending the Chicago-Kent College
of Law Section 1983 Program. To make reservations, fax or telephone:
The Regal Knickerbocker Hotel
163 E. Walton Place
Chicago, IL 60611
(800) 621-8140
Fax (312) 751-9663
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