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23rd annual
Section 1983 Civil Rights Litigation
Conference
April 27-28, 2006
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. |
Program highlights:
» The Prima Facie Case
Against Individuals
» Individual Immunities
» Litigating Sexual
Harassment Claims under Title VII and Section 1983
» Public Employees:
First Amendment and Procedural Due Process
» Ethics and Attorney's
Fees
» Municipal Liability
» Police Misconduct
» 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. 1997, 2005) and has argued civil rights cases before
the U.S. Supreme Court and many other federal courts. A graduate
of the University of Chicago and Harvard Law School, he has practiced
law in Illinois and Pennsylvania and has written many articles
on civil rights and civil liberties questions for professional
journals. He also lectures regularly to federal judges on §1983.
He is a graduate of the University of Chicago and Harvard Law
School. Professor Nahmod received the Lifetime Achievement Award
of the State and Local Government Law Section of the ABA for his
work in §1983 jurisprudence.
PROGRAM FACULTY
Sheldon H. Nahmod
Distinguished Professor of Law, Chicago-Kent College of Law
Chicago, Illinois
Michael Avery
Professor of Law, Suffolk University Law School
Boston, Massachusetts
Gerald M. Birnberg
Williams Birnberg & Andersen
Houston, Texas
Karen M. Blum
Professor of Law, Suffolk University Law School
Boston, Massachussetts
Erwin Chemerinsky
Alston & Bird Professor of Law, Duke University School of
Law
Durham, North Carolina
Rosalie B. Levinson
Professor of Law, Valparaiso University School of Law
Valparaiso, Indiana
John B. Murphey
Rosenthal, Murphey & Coblentz
Chicago, Illinois
PROGRAM SCHEDULE
Thursday, April 27, 2006
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
» Fifth Amendment/Miranda violations
» Due process, high-speed police pursuits and affirmative
duties: The 2005 Town of Castle Rock decision
» Malicious prosecution actions
» “Laws” actions: The 2005 City of Rancho Palos
Verdes decision
Sheldon H. Nahmod
Chicago-Kent College of Law
10:00-10:15
Questions
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
» The Saucier decision and the relationship between excessive
force and qualified immunity
» Hope v. Pelzer, Groh v. Ramirez and what they mean 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
Duke University School of Law
11:30-11:45
Questions
11:45-1:00
LUNCH
(on your own)
1:00-1:45
Litigating Sexual Harassment Claims under
Title VII and
Section 1983
» Absolute liability for tangible employment actions
» 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
Valparaiso University School of Law
1:45-2:00
Questions
2:00-2:45
Public Employees: First Amendment and
Procedural Due Process
» General update: Hot topics in First Amendment/due process
law
» Public employee free speech claims: What is a matter of
public concern?
» Public employee free speech claims: Questions of law/questions
of fact
» First Amendment protection to independent contractors
» First Amendment claims v. unfair labor practices
» Public employee discipline: How much process is due, and
when? Loudermill hearings v. Baird hearings
» Who has a property interest?
» Liberty interest cases and the “stigma-plus”
test
» The problem of biased decision makers: Presumptions and
proof
» Availability of qualified immunity in public employee
litigation
John B. Murphey
Rosenthal, Murphey & Coblentz
2:45-3:00
Questions
3:00-3:15
BREAK
3:15-4:15
Ethics and Attorney’s Fees
» Ethical issues in §1983 cases (especially on fee
issues): fee waiver offers, conflicts of interest in multiple
representation, professionalism in litigation
» 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
» Practical tips and suggestions
Gerald M. Birnberg
Williams, Birnberg & Andersen, L.L.P.
4:15-4:45
Questions
4:45-5:45
RECEPTION
Co-sponsored by Thomson West
Friday, April 28, 2006
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 2-prong qualified immunity analysis for
municipal liability
Karen M. Blum
Suffolk University Law School
10:00-10:15
Questions
10:15-10:30
BREAK
10:30-11:30
Police Misconduct
» Excessive force
» Less than lethal force
» Emotionally disturbed persons
» Police suppression of exculpatory evidence
» Coercive interrogations
» Interference with free speech
Michael Avery
Suffolk University Law School
11:30-11:45
Questions
11:45-1:00
LUNCH (on your
own)
1:00-2:15
The Supreme Court's Term: Recent and
Forthcoming Decisions
» Major developments concerning the speech and religion
clauses of the First Amendment (including First Amendment protection
for government whistleblowers, regulation of campaign finance,
and religious symbols on govern- ment property)
» Major developments with regard to the Fourth Amendment
(including the standard for consent for searches of jointly owned
property, anticipatory warrants, and searching those on probation)
» Major developments with regard to the Takings Clause (including
definition of “public use”)
» Major developments concerning federalism (including the
ability to sue states under the Americans with Disabilities Act,
the scope of Congress’s commerce power, and limits on the
ability of state to regulate interstate commerce)
Erwin Chemerinsky
Duke University School of Law
2:15-2:30
Commentary
Sheldon H. Nahmod
Chicago-Kent College of Law
2:30-3:15
Questions/Audience Discussion
3:15
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 March
31, 2006; 25% will be charged if notification is received between
March 31 and April 21, 2006. No refunds will be granted after
April 21, 2006.
CLE Credit
Eligible for 11 hours on a “60-minute” credit hour;
13.0 hours on a “50-minute” credit hour; One hour of
ethics credit. 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 Millennium Knickerbocker Hotel and
the Crowne Plaza Chicago Metro. The room rate at the Millennium
Knickerbocker Hotel is $169 for single or double occupancy, plus
15.4% tax. The room rate at the Crowne Plaza Chicago Metro is
$149 for single or double occupancy, plus 15.4% tax.
The Millennium Knickerbocker Hotel is a short cab ride to the
law school and provides easy access to Michigan Avenue night life
and Magnificent Mile shopping. The Crowne Plaza Chicago Metro
is a trendy newly renovated property located four blocks from
the law school. Please make reservations directly with the hotel
of your choice. Requests for accommodations cannot
be assured if made after March 27, 2006 at the Millennium Knickerbocker
Hotel and March 30, 2006 at the Crowne Plaza Chicago Metro. Please
mention to the hotel reservation receptionist that you are attending
the Chicago-Kent College of Law Section 1983 Program. To
make reservations:
Millennium Knickerbocker Hotel
163 E. Walton Place
Chicago, IL 60611
(800) 621-8140
Fax (312) 751-9663
www.millenniumhotels.com
Crowne Plaza Chicago Metro
733 W. Madison
Chicago, IL 60661
(312) 829-5000
Fax (312) 602-2180
www.crowneplaza.com/chicagometro
Area Attractions
The new, don’t miss-it Millennium Park! Located in
downtown Chicago
on Michigan Avenue between Randolph and Monroe Streets, Millennium
Park is an extraordinary showplace for world-class art, music,
architecture and landscape design. For more information visit
www.millenniumpark.org.
SAVE BY REGISTERING BEFORE MARCH 31!
Click
here to register online or print registration information.
Registration Fee (per person)
Early Registration Fee . . . . . . . . .. $385
After March 31, 2006 . . . . . . . . . . $405
(A $20 per person discount is available to groups that register
3 or more
individuals at the same time.)
Government Rate . . . . . . . . . . . . .$335
(no group discount available)
Chicago-Kent College of Law
Alumnae/i Rate . . . . . . . . . . . . . . $335
(no group discount available & non-transferable)
Fee includes two continental breakfasts, reception and course
materials.
CAN’T ATTEND?
Program materials and audiocassettes or CD’s of the presentations
can be ordered by checking the corresponding box below and mailing
this form
in with the appropriate payment.
Send me the complete package:
__ course materials and audiocassettes or
__ course materials and CD’s .
(Cost-$450. Payment must be remitted in advance.)
__ Send me audiocassette/s for the following sessions or
__ Send me a CD for the following sessions.(Cost-$65 per session.
Payment must be remitted in advance.)
List sessions:
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__ Send me the conference course materials. (Cost-$130. Payment
must be remitted in advance.)
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