Section 1983: Civil Rights Litigation

Agenda Thursday, March 25 n 7:30-7:50 am Registration n 7:50-8:00 am Welcome & Introduction n 8:00-9:00 am The Nuts and Bolts of Section 1983 Litigation When do you have the deprivation of a federal right? When is conduct under color of state law? Understanding the difference between individual vs. official capacity suits What state of mind is required to make out the underlying constitutional violation? Appreciating the special rules that apply when suing or defending state officials Pleading: The Supreme Court s latest word in Ashcroft v. Iqbal and how the Circuits are applying the decision to Section 1983 cases n 9:00-10:00 am Police Misconduct: Critical Issues in Discovery and Trial Hon. Wayne C. Beyer Discovery: Police records the plaintiff should request and where they are kept; defense strategies for limiting discovery in pervasive misconduct Monell claims Testimony: Cross examination and impeachment of the plaintiff; direct examination of police defendants; how to get opinions on liability from lay witnesses Evidence: Top ten evidentiary issues, including prior bad acts of officers, plaintiff s prior arrests and outcome of charges from the incident, expert opinions on ultimate issue and causation, and results of an investigation of the event Jury instructions and verdict forms: How they make or break the case for plaintiffs and defendants on liability and damages n 10:00-10:15 am Networking Break n 10:15-11:15 am Substantive Due Process: The Constitutional Guarantee that Multi-Tasks Prof. Rosalie Berger Levinson Incorporation of the Bill of Rights and gun control after Heller Protection of non-textual fundamental and core liberty interests: Sex, drugs, and suicide Protection from grossly excessive punitive damages awards Protection against harm from private persons: Special relationship and danger creation theories Protection of detainees, employees, students and landowners from official misconduct that shocks the conscience n 11:15-11:30 am n 11:30 am -12:45 pm Lunch (on your own) n 12:45-1:45 pm Qualified Immunity: The Defense that is More than a Defense Prof. Teressa Ravenell An overview: How the Supreme Court has articulated and expanded upon the qualified immunity defense Variations in qualified immunity arguments: Mistakes of law, fact and legal application Whose burden is it anyway? Drafting a Section 1983 complaint and pleading qualified immunity The intersection of qualified immunity and the Federal Rules of Civil Procedure Timing, appealability, and waivability n 1:45-2:45 pm Wrongful Convictions and Contemporary Law Enforcement Practices Jack Ryan Identifying areas of the investigative process that are fertile ground for alleging that the initial investigation violated the wrongfully convicted person s rights The identification process: Was the process overly suggestive or was the process neutral and thus defensible? The Brady/Giglio rule: Whose duty is it anyway? Brady/Giglio and its application to witnesses who have dishonesty in their background. What are agencies doing with dishonest officers? The process of investigating criminal activity: The danger of trying to fit square pegs in round holes in order to establish the guilt of an identified suspect Lack of training for specific functions: Allegations of constitutional deficiencies based on the inexperience of the investigator leading the investigation n 2:45-3:00 pm Friday, March 26 n 8:00-8:30 am Continental Breakfast n 8:30-9:30 am Municipal Liability under Section 1983: Recent Developments Official Policy: Whose policy is it? Understanding the derivative notion of liability in City of Canton cases Can t attend live? Take this or other Georg West LegalEdcenter. For more information, visit our w

Supervisory vs. Municipal Liability: After Ashcroft v. Iqbal, can a supervisor be held individually liable based on City of Canton-type deliberate indifference? Policymakers: Can the municipality be held liable for a policymaker s decision that is contrary to written policy? n 9:30-10:30 am The Gates/Crowley Confrontation: Racial Profiling or Masculinity Profiling? Prof. Frank Rudy Cooper Reviewing assumptions about the meanings of manhood: Who s the man? How do assumptions about what is normal male behavior influence employment discrimination law? How do assumptions about what is normal male behavior affect police officers during Terry stops? How are some incidents of racial profiling also masculinity profiling? n 10:30-10:45 am n 10:45-11:00 am Networking Break n 11:00 am - 12:00 pm Top 10 Recent Cases Involving Attorney Fees in Civil Rights Litigation Gerald M. Birnberg Purdue v. Kenney and performance enhanced fees Sole v. Wyner and fees for interim, non-permanent victories Post-Buckhannon decisions on mooted cases Fees for out of district lawyers Establishing hourly rates n 12:00-1:15 pm Supreme Court Review and Preview: A Review of Key Cases Related to Civil Rights Litigation from the End of the October Term 2008 and from the October Term 2009 Dean Erwin Chemerinsky Fourth Amendment: Strip searches of students in schools (Safford Unified School Dist. v. Redding) First Amendment: Restrictions on corporate campaign expenditures (Citizens United v. FCC); standing to challenge a cross on federal land and whether it violates the Establishment Clause (Salazar v. Buono); ban on depictions of animal cruelty (United States v. Stevens) Employment discrimination: Burden of proof in age discrimination cases (Gross v. FBL Financial Services); ability of employers to avoid disparate impact liability (Ricci v. DeStefano) Property rights: Authority of law enforce ment to seize personal property and to retain it indefinitely without due process (Alvarez v. Smith); whether government restoration of eroded property is a taking (Stop Beach Renourishment v. Florida Department of Environmental Protection) Voting Rights: Constitutionality of the extension of section 5 of the Voting Rights Act (Northwest Austin Municipal Dist. v. Holder) n 1:15-1:30 pm n 1:30 pm Adjournment n To better serve you, all course materials will be provided to you electronically by email prior to the program. Benefits of downloadable course materials include: 1. Effortless search features. Save time by keyword searching downloadable course materials, rather than flipping through a course book. 2. More in-depth content. Without page constraints, speakers will have the opportunity to provide more comprehensive materials. 3. Easily transportable. You no longer have to lug around that heavy course book. Download the materials to a flash drive or laptop, or only print the articles that you need. Additionally, you can revisit materials online even after the program has concluded. 4. Help save the environment. With materials in an eco-friendly format, review the materials in advance and print only those that you find helpful. rgetown Law CLE courses online through website at www.law.georgetown.edu/cle. Program Chair Suffolk University Law School Boston, MA Faculty Hon. Wayne C. Beyer Chief Administrative Appeals Judge Administrative Review Board U. S. Department of Labor Washington, DC Gerald M. Birnberg Williams, Birnberg & Andersen, L.L.P. Houston, TX Dean Erwin Chemerinsky University of California, Irvine School of Law Irvine, CA Prof. Frank Rudy Cooper Suffolk University Law School Boston, MA Prof. Rosalie Berger Levinson Phyllis & Richard Duesenberg Professor of Law Valparaiso University School of Law Valparaiso, IN Prof. Teressa Ravenell Villanova University School of Law Villanova, PA Jack Ryan Law Enforcement Training and Policy Consultant Greenville, RI n The Georgetown Law Journal Annual Review of Criminal Procedure To order see registration form or purchase online at www.law.georgetown.edu/cle. The Georgetown Law Journal Annual Review of Criminal Procedure (formerly known as the Criminal Procedure Project) is the must have reference guide for criminal law practitioners. It is a complete summary of recent decisions in federal criminal procedure. The Annual Review has been hailed as the most important and widely used law review publication in the U.S. It provides readers with objective, concise and accurate overview of criminal procedure in the United States Supreme Court and each of the 12 Federal Circuit Courts. It is a first stop for legal research and an indispensable courtroom resource, perfect for unanticipated courtroom issues. Designed to be practical and easy to navigate, The Annual Review is an invaluable tool used by judges, defense attorneys and prosecutors alike. Preorder the 39th Edition of The Annual Review, which will be published in June 2010.

Program Details Hotel Reservations A block of rooms has been held at the following hotel. These rooms will be held as a block, unless exhausted, until Wednesday, February 24, 2010, at which time they will be released to the general public. Please be sure to mention the Civil Rights Litigation room block to receive the room rate below. Hyatt Regency Washington on Capitol Hill 400 New Jersey Avenue, NW Washington DC 20001 (202) 737-1234 or (800) 233-1234 Room rate: $229 single/double Disclaimer Speakers are subject to change. Services for People with Special Needs or Dietary Restrictions Call (202) 662-9890 Scholarships Georgetown Law CLE makes every effort possible to provide equal educational opportunities to all. We provide a limited number of scholarships on a case-by-case basis. Apply online at www.law.georgetown.edu/cle or submit written request no later than 5:00 pm on Friday, March 4, 2010 to: Scholarship Committee Georgetown Law CLE 600 New Jersey Avenue, NW Washington, DC 20001 or fax to (202) 662-9891 Cancellations/Rain Checks/Substitutions Please fax your cancellation notice to (202) 662-9891 or email to cle@law.gerogetown.edu by 5:00 pm on Monday, March 22, 2010 for a refund (less $75 administrative fee). Rain checks for a future program will be granted for cancellations received after March 22 and prior to the start of the program. Substitutions are accepted at anytime prior to the program. Course Materials As part of Georgetown Law s efforts to go green, all course materials will be provided to you electronically by email prior to the program. Please note you will not receive a hard copy book or CD-ROM including the materials. Additionally, there will not be a printer available onsite for printing. We encourage you to download the course materials and pre-print any materials you would like to reference during the program. Please consider the environment before printing your materials. Money-Back Guarantee We are confident that you will leave this conference with more than enough ideas and insights to make your investment pay off. However, if you feel you have not received your money s worth by the end of the program, simply contact a member of our registration team at the conference or call (202) 662-9890 and we will process a 100% refund for your registration fee! CLE Credits Accreditation has been or will be requested for this program from states with mandatory Continuing Legal Education requirements for 10.0 CLE credits (based on a 60-minute hour) and 12.0 CLE credits (based on a 50-minute hour). Georgetown University Law Center is an accredited CLE provider in most MCLE states. Georgetown Law CLE is a State Bar of California approved MCLE provider. Some states require nominal accreditation fees. You will be asked to submit payment at the program s conclusion. Registration Form PLEASE PRINT OR TYPE. Payment must accompany registration. Section 1983 To qualify for the early bird registration, registrations must be received by February 22, 2010. o $895 Early Bird Registration o $995 Regular Registration o $795 Government Registration Publications o $75 39th Edition Annual Review of Criminal Procedure (will be published June 2010) Name: o Mr. o Ms. Email address: (please print clearly) Firm/Organization: Address: City: State: Zip: Phone: ( ) Fax: ( ) CLE credit? o Yes o No What state(s)? Feel free to copy this form and pass it along to your associates. Your priority code is: Help us expedite your registration. Enter the characters appearing on the top of the mailing label. Please enter this code even if the label is addressed to someone else. Thank you! I cannot attend, but send me: o Digital Course Materials $149 o CD Course Materials (text only) $199 o Hard Copy Course Materials $199 o Audio CD $399 o Audio CD & CD Course Materials $499 For CD-ROM and course materials, individuals or firms with a DC address should add 6.0% sales tax, VA 5.0%, NY 7.0%, MD 6.0%, and PA 6.0% (or 7.0% if from Philadelphia or Allegheny County). FOUR WAYS TO REGISTER: 1. ONLINE www.law.georgetown.edu/cle 2. MAIL with check payable to Georgetown Law CLE to address below. Check enclosed # $ or purchase order may be attached to this form # 3. FAX to 202-662-9891 (credit card/po registrations only) o VISA o MC o AMEX Card #: Expiration Date: Signature: 4. PHONE to 202-662-9890 (credit card registrations only) Georgetown University Law Center; Continuing Legal Education 600 New Jersey Avenue, NW; Washington, DC 20001-2075

28th Annual Section 1983: Civil Rights Litigation Co-sponsored by Suffolk University Law School, Center for Advanced Legal Studies March 25-26, 2010 Georgetown University Law Center Washington, DC Georgetown University Law Center Continuing Legal Education 600 New Jersey Avenue, NW Washington, DC 20001-2075 Non-Profit U.S. Postage PAID Wash., D.C. No. 3493 Attention Mail Room: If the individual whose name is on the label is no longer employed, please forward this material to the successor. By attending, you will Learn the critical issues of discovery and trial in police misconduct cases Explore wrongful convictions and contemporary law enforcement practices Discuss the top ten recent cases involving legal fees Obtain tips on local government liability for the enforcement of state laws Gain a comprehensive understanding of the Supreme Court s most important cases during Dean Erwin Chemerinsky s fast-paced, entertaining annual overview Conference Summary Liability arising out of Section 1983 claims continued to present challenges for courts across the country in 2009, and the Supreme Court once again has made its presence felt. There are so many new cases each year that it becomes mandatory for you to keep abreast of the latest judicial decisions and the analyses that explain them. This annual seminar, now in its 28th year, provides you with the opportunity to examine both the law of Section 1983 as well as the litigation strategies that underlie successful cases. Continuing our tradition of high-quality speakers, experts in the field will address the most important issues and provide wisdom for you as you tackle this year s cases, whether you represent plaintiffs or defendants.