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24th annual
Section 1983 Civil Rights Litigation
Conference
April 26-27, 2007
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. |
Section 1983
Highlights: » The
§1983 Prima Facie Case
» Municipal Liability
» Individual Liability
and Immunities
» Title VII Actions,
Equal Protection and Sexual Harassment
» Ethical Issues and
Attorney’s Fees
Constitutional
Law Highlights:
» Police Misconduct
and the Fourth Amendment
» Public Employee First
Amendment and Procedural Due Process Actions
» The Supreme Court’s
2005 Term, plus important forthcoming decisions in the
Supreme Court’s 2006 Term
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, 2006) 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 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, Massachusetts
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 26, 2007
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
» The 2006 First Amendment decisions in Garcetti
and Hartman
» Due process, high-speed police pursuits and affirmative
duties:
The Town of Castle Rock decision
» Malicious prosecution actions
» “Laws” actions: The revisionist 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
A review of the basic law with regard to absolute and qualified
immunity with a focus on the cutting edge developments and recent
decisions, including:
» 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: 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
» Retaliation Claims
» 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
» The hot topic for 2007 - Garcetti v. Ceballos
and the new “Capacity Analysis”: Is the plaintiff
speaking as a citizen or as an employee?
» 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 fees
issues); fee waiver offers; conflicts of interest in multiple
representation; professionalism in civil rights litigation
» How will Struhs v. Wyner (cert. granted January
12, 2007) change “prevailing party” standards and
affect attorney’s fees cases?
» Implications of Buckhannon Bd. v. West Va. Dept. of
H.H.R. and how it has impacted attorney’s fees litigation
» Practical tips and suggestions for attorney’s fees
litigation
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 27, 2007
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 in §1983 litigation (including
when a cause of action for wrongful police conduct accrues)
» Major developments with regard to the Fourth Amendment
(including the use of drug sniffing dogs at homes and the scope
of questioning when there is a traffic stop)
» Major developments with regard to the First Amendment
(including the protection of student speech and the standing for
taxpayers challenging government support for religion)
» Major developments with regard to equal protection and
whether the government may use race in assigning students to schools
to achieve desegregation
» Major developments with regard to when punitive damage
awards violate due process
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/Panel 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
30, 2007; 25% will be charged if notification is received between
March 30 and April 20, 2007. No refunds will be granted after
April 20, 2007. If you register with a purchase order or a
voucher and do not cancel your registration in accordance with
this policy, you will be charged 25% of the registration fee.
CLE Credit
Chicago-Kent College of Law is an accredited CLE provider for
Illinois MCLE. This conference is eligible for 11.0 hours
on a “60-minute” credit hour; 13.0 hours on a “50-minute”
credit hour including 1.0 hours 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 $189 for a standard room, plus 15.4% tax. The room rate
at the Crowne Plaza Chicago Metro is $179 for single or double
occupancy, plus 15.4% tax. The Millennium Knickerbocker Hotel
is a European-style hotel that 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 26, 2007 at the Millennium Knickerbocker Hotel
and March 28, 2007 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
SAVE BY REGISTERING BEFORE MARCH 15!
Click
here to register online or print registration information.
Registration Fee (per person)
Early Registration Fee . . . . . . . . .. $395
After March 15, 2007 . . . . . . . . . . $415
(A $20 per person discount is available to groups that register
3 or more
individuals at the same time.)
Government Rate . . . . . . . . . . . . .$345
(no group discount available)
Chicago-Kent College of Law
Alumnae/i Rate . . . . . . . . . . . . . . $345
(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. These materials are not interactive
and not eligible for Illinois MCLE credit.
Send me the complete package:
__ course materials and audiocassettes or
__ course materials and CD’s .
(Cost-$460. Payment must be remitted in advance.)
__ Send me audiocassette/s for the following sessions or
__ Send me a CD for the following sessions.(Cost-$75 per session.
Payment must be remitted in advance.)
List sessions:
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__ Send me the conference course materials.
(Cost-$140. Payment must be remitted in advance.)
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