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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 twentieth annual conference you will learn both the fundamentals
and more advanced aspects of §1983 practice and trial skills, and analyze
the latest judicial decisions.
Highlights
» The Prima Facie Case Against
Individuals
» Individual Immunities
» Litigating Sexual Harassment
Claims under Title VII and under Section 1983 and the Equal Protection
Clause
» “So You Think You’ve
Got a Federal Case?” Understanding the Limits of »
Substantive Due Process and Equal Protection Claims in Light of DeShaney
and Olech
» Attorney’s Fees and Ethical
Issues
» Municipal Liability
» Americans with Disabilities
Act
» The War on Terrorism
» 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
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. 2002) 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. Professor Nahmod recently received the Lifetime Achievement
Award of the State and Local Government Law Section of the ABA for his
work in §1983 jurisprudence.
Program Schedule
Thursday, March 27, 2003
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, Illinois
9:00-10:00
The Prima Facie Case Against Individuals
» 14th Amendment and its relation
to §1983
» State of mind requirements for
different constitutional violations, including due process, equal protection
and the Eighth Amendment
» Causation in fact and the LeSage
decision
» Due process and the County
of Sacramento decision dealing with high-speed police pursuits
» The 2002 right of access Harbury
decision
» The revisionist 2002 Gonzaga
University “laws” decision
Sheldon H. Nahmod
Program Chair and Distinguished Professor of Law, Chicago-Kent College of
Law, Chicago, Illinois
10:00-10:15
Commentary
Erwin Chemerinsky
Professor of Law, University of Southern California, Los Angeles
10:15-10:30
BREAK
10:30-11:30
Individual Immunities
» Absolute immunities for prosecutorial,
legislative, and judicial acts
» 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 The Saucier decision
and the relationship between excessive force and qualified immunity
» Hope v. Pelzer and
what it means for qualified immunity litigation
» 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, California
11:30-11:45
Commentary
Sheldon H. Nahmod
Program Chair and Distinguished Professor of Law, Chicago-Kent College
of Law, Chicago, Illinois
11:45-1:00
LUNCH
(on your own)
1:00-1:45
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:
Core elements
» 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, Indiana
1:45-2:30
“So You Think You’ve Got a Federal Case?”
Understanding the Limits of Substantive Due Process and Equal Protection
Claims in Light of DeShaney and Olech
» When are public officials
liable for the wrongful acts of third parties?
» Failure to prevent injury
and substantive due process
» Special circumstances and
state- created damage claims
» Pleading and proving a DeShaney
claim
» Olech and “class of one”
equal protection
» Claims
» Is bad faith required to prove
an Olech claim?
» Olech claims and police misconduct
John B. Murphey
Rosenthal, Murphey & Coblentz, Chicago, Illinois
2:30-2:45
Commentary
Gerald M. Birnberg
Williams, Birnberg & Andersen, L.L.P., Houston, Texas
2:45-3:00
BREAK
3:00-4:00
Attorney's Fees and Ethical Issues
» The impact of Buckhannon Bd.
v. West Va. Dept. of H.H.R. on attorney’s fee awards
» What is a "prevailing
party"? From Hensley v. Eckerhart, and T.S.T.A. v. Garland, to Buckhannon
Bd. v. West Va. Dept. of H.H.R.
» Implications of Farrar v.
Hobby for future course of attorney’s fees litigation
» 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, Texas
4:00-4:30
Audience Discussion with Speakers
4:30-5:30
RECEPTION (Co-Sponsored by West Group)
Friday, March 28, 2003
8:45-10:00
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, Massachusetts
10:00-10:15
Commentary
Sheldon H. Nahmod
Program Chair and Distinguished Professor of Law, Chicago-Kent College
of Law, Chicago, Illinois
10:15-10:30
BREAK
10:30-11:15
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
Assistant Professor of Law, University of Maryland School of Law, Baltimore,
Maryland
11:15-11:45
Audience Discussion with Speakers
11:45-1:00
LUNCH (on your own)
1:00-2:00
The War on Terrorism
» The Issue: U.S. persons as
enemy combatants
» Historical precedent: Milligan
to Territo
» Constitutional implications:
Habeas Corpus, Fourth and Fifth Amendments
» The difficulty of predictive
analysis in pathological times
Richard L. Shiffrin
Deputy General Counsel for Intelligence, Office of General Counsel, U.S.
Department of Defense, Washington, DC
2:00-2:15
Commentary
Erwin Chemerinsky
Professor of Law, University of Southern California, Los Angeles, California
2:15-2:30
BREAK
2:30-3:30
The Supreme Court's Term: Recent and Forthcoming Decisions
» Major developments with regard
to federalism and sovereign immunity (including whether state governments
can be sued for violating the Family and Medical Leave Act and Title II
of the Americans with Disabilities Act)
» Major First Amendment developments
(including the school vouchers decision and the constitutionality of state
hate crime laws)
» Major developments with regard
to due process and the Takings Clause (including procedural due process
in the context of sex offender registration statutes and the constitutionality
of state IOLTA programs)
» Major Fourth Amendment rulings
(including the meaning of consent on buses, drug testing for students
participating in extracurricular activities)
Erwin Chemerinsky
Professor of Law, University of Southern California, Los Angeles, California
3:30-4:00
Audience Discussion with Speakers
4:00
Adjourn
THE FACULTY
Sheldon H. Nahmod
Program Chair and Distinguished Professor of Law, Chicago-Kent College
of Law, Chicago, Illinois
Gerald M. Birnberg
Williams, Birnberg & Andersen, L.L.P., Houston, Texas
Karen M. Blum
Professor of Law, Suffolk University Law School, Boston, Massachussetts
Erwin Chemerinsky
Professor of Law, University of Southern California, Los Angeles,
California
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Rosalie B. Levinson
Professor of Law, Valparaiso University School of Law, Valparaiso,
Indiana
John B. Murphey
Rosenthal, Murphey & Coblentz, Chicago, Illinois
Richard L. Shiffrin
Deputy General Counsel for Intelligence, Office of General Counsel,
U.S. Department of Defense, Washington, DC
Ellen M. Weber
Assistant Professor of Law, University of Maryland School
of Law, Baltimore, Maryland
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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 28, 2003; 25%
will be charged if notification is received between February 28 and March
21, 2003. No refunds will be granted after March 21, 2003.
CLE Credit
11.25 hours on a “60-minute” credit hour; 13.5 hours on a “50-minute”
credit hour. The actual number of approved hours may vary from state to
state.
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 Talbott Hotel, the Hotel 71,
and the W Hotel City Center. The room rate at the Talbott Hotel is $129
for single or double occupancy, plus 14.9% tax. The room rate at the Hotel
71 is $149 for single or double occupancy, plus 14.9% tax. The room rate
at the W Hotel City Center is $199 for single or double occupancy, plus
14.9% tax. The Talbott Hotel and the Hotel 71 are a short cab ride to the
law school and provide easy access to Michigan Avenue night life and shopping.
The W Hotel City Center is an upscale property located five blocks from
the law school. Registrants need to make reservations directly with the
hotel. Requests for accommodations cannot be assured if made after February
24, 2003. Please mention to the hotel reservation receptionist that
you are attending the Chicago-Kent College of Law Section 1983 Program.
To make reservations:
Talbott Hotel
20 East Delaware Place
Chicago, IL 60611
(800) 825-2688
Fax (312) 397-3614
www.talbotthotel.com
Hotel 71
71 East Wacker Drive
Chicago, IL 60601-3706
(800) 621-4005
Fax (312) 346-2787
www.hotel71.com
W Hotel City Center
172 W. Adams Street
Chicago, IL 60603
(877) 946-8357
Fax (312) 917-5771
www.whotels.com
Registration Fee (per person)
Early Registration Fee . . . . . . . . . $340
After February 24, 2003 . . . . . . . .$365
(A $25 per person discount is available to groups that register 3 or more
individuals at the same time.)
Government Rate. . . . . . . . . . . . . $290
(no group discount available)
Chicago-Kent College of Law Alumnae/i Rate. . $290
(no group discount available)
Fee includes continental breakfast, reception and course materials.
CAN’T ATTEND?
Program materials and audiocassettes of the presentations can be ordered
by checking the corresponding box below and mailing this form
in with the appropriate payment.
r Send me the complete package: 9 audiocassette
tapes and
course materials. (Cost-$400. Payment must be remitted in
advance.)
r Send me audiocassette/s for the following
sessions.
(Cost-$55 per session. Payment must be remitted in advance.)
List sessions or workshops:
r Send me the conference course materials.
(Cost-$110. Payment must be remitted in advance.)
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