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21st annual
Section 1983 Civil Rights Litigation Conference
March 18-19, 2004
A comprehensive update on liability arising out
of §1983, presented by leading experts and eminent legal scholars
for:
» Municipal and State Attorneys
» Plaintiffs' Attorneys
» Criminal Defense Attorneys
ONLINE REGISTRATION AVAILABLE!
Click
here to register online or print registration information.
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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 the twenty-first 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
» Litigating Sexual Harassment
Claims under Title VII and Section 1983
» "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 in a
Pos-Buckhannon World
» 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
Professor Nahmod 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. 2003) 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.
PROGRAM FACULTY
Sheldon H. Nahmod
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
John B. Murphey
Rosenthal, Murphey & Coblentz, Chicago, Illinois
Mary Rose Strubbe
Associate Professor of Law, Chicago-Kent College of Law, Chicago, Illinois
PROGRAM SCHEDULE
Thursday, March 18, 2004
8:00-8:45 Registration
8:45-9:00 WELCOME
Sheldon H. Nahmod
Chicago-Kent College of Law
9:00-10:00 The Prima Facie Case Against Individuals
» Fourteenth 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
» The 2003 Chavez decision dealing with Fifth Amendment/Miranda
violations
» Due process and the County of Sacramento decision dealing
with high-speed police pursuits
» The revisionist Gonzaga University “laws” decision
Sheldon H. Nahmod, Chicago-Kent College of Law
10:00-10:15 Commentary
Erwin Chemerinsky, University of Southern California
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, University of Southern California
11:30-11:45 Commentary
Sheldon H. Nahmod, Chicago-Kent College of Law
11:45-1:00 LUNCH (on your own)
1:00-1:45 Litigating Sexual Harassment Claims under Title VII and
Section 1983
» 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
Mary Rose Strubbe, Chicago-Kent College of Law
1:45-2:00 Questions
2:00-2:45 “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
2:45-3:00 Questions
3:00-3:15 BREAK
3:15-4:15 Attorney's Fees in a Post-Buckhannon World
» The impact of Buckhannon Bd. v. West Va. Dept. of H.H.R.
on attorney’s fee awards
» Who is now 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 Buckhannon 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.
4:15-4:30 Questions
4:30-5:30 RECEPTION (Co-Sponsored by Thomson West)
Friday, March 19, 2004
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, Suffolk University Law School
10:00-10:15 Questions
10:15-10:30 BREAK
10:30-11:15 Procedural Defenses
» Statutes of limitation: choice, accrual and tolling
» Claim and issue preclusion
» Release-dismissal agreements
» §1983 survival and wrongful death actions
Sheldon H. Nahmod, Chicago-Kent College of Law
11:15-11:45 Audience Discussion with Speakers
11:45-1:00 LUNCH (on your own)
1:00-2:15 The Supreme Court's Term: Recent and Forthcoming Decisions
» Major developments in equal protection and due process (including
affirmative action, sexual privacy and limits on punitive damages)
» Major developments with regard to federalism and sovereign immunity
(including suits against states under the Family and Medical Leave Act
and Title II of the Americans with Disabilities Act; whether states can
be sued to enforce consent decrees)
» Major rulings with regard to the speech and religion clauses of
the First Amendment (including the constitutionality of the Bipartisan
Campaign Finance Reform Act, hate speech laws, the Child on Line Pornography
Act, and the words "under God" in the Pledge of Allegiance)
» Major Fourth Amendment rulings
Erwin Chemerinsky, University of Southern California
2:15-2:30 Commentary
Sheldon H. Nahmod, Chicago-Kent College of Law
2:30-3:00 Audience Discussion with Speakers
3:00 Adjourn
GENERAL INFORMATION
Program Location
The conference will be held at Chicago-Kent College of Law, 565 W. Adams
Street in Chicago.
Confirmation of Registration
A letter of confirmation will be mailed to 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 20, 2004; 25%
will be charged if notification is received between February 20 and March
12, 2004. No refunds will be granted after March 12, 2004.
CLE Credit
10.5 hours on a “60-minute” credit hour; 12.5 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, or send an email to clestaff@kentlaw.edu.
Hotel Accommodations
Hotel accommodations for the convenience of out-of-town guests have been
made at the Talbott Hotel 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 W Hotel City Center is $159 for single or double occupancy,
plus 14.9% tax. The Talbott Hotel is a short cab ride to the law school
and provides easy access to Michigan Avenue night life and shopping. The
W Hotel City Center is an upscale property located just five blocks from
the law school. Please make reservations directly with the hotel of your
choice. Requests for accommodations cannot be assured if made after February
16, 2004 at the Talbott Hotel and February 25, 2004 at the W Hotel City
Center. 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
W Hotel City Center
172 W. Adams Street
Chicago, IL 60603
(877) 946-8357
Fax (312) 917-5771
www.whotels.com
SAVE BY REGISTERING BEFORE FEBRUARY 2!
Click here
to register online or print registration information.
Registration Fee (per person)
Early Registration Fee . . . . . . . . $350
After February 2, 2004 . . . . . . . .$380
(A $25 per person discount is available to groups that register 3 or more
individuals at the same time.)
Government Rate. . . . . . . . . . . .$300
(no group discount available)
Chicago-Kent College of Law Alumnae/i Rate. . $300
(no group discount available & non-transferable)
Fee includes two continental breakfasts, 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: 8 audiocassette
tapes and
course materials. (Cost-$425. 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-$125. Payment must be remitted in advance.)
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