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A Section 1983 Overview for General Litigators 2019

Product ID: CA2964D
Presented By: State Bar of Wisconsin PINNACLE

Produced by the Civil Rights & Liberties Section of the State Bar of Wisconsin in partnership with State Bar of Wisconsin PINNACLE®

Identifying civil rights lawsuits

In theory, Section 1983 seems straightforward. If a person’s constitutional rights are violated by a federal or state governmental actor, then they have a valid Section 1983 claim, right? Wrong. Litigating these cases is procedurally tricky and highly technical; multiple requirements must be met before a Section 1983 claim can be pursued. Without careful preparation, your client’s claim could be dismissed by the courts.

A Section 1983 Overview for General Litigators will ensure you thoroughly understand the various elements of a civil rights claim and are prepared to address problems that arise during litigation.

Breaking down §1983

Section 1983 was first enacted in 1871, in an attempt to address post-Civil War race relations in the South.1 However, the statute lay dormant for 90 years until a watershed 1960s civil rights case. In Monroe v. Pape, the U.S. Supreme Court deemed that while municipalities cannot be held liable, individuals acting “under color of law” can be sued under §1983 for violating a plaintiff’s constitutional rights.2

Review rights secured by the Constitution. Understand what constitutes “unauthorized conduct” by public officials. Know how to assess in which forum to pursue your §1983 case. Be prepared for issues that may arise when litigating a federal claim in a state forum.

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Interested in sponsoring this program? Find out more.

Select a Format

OnDemand Seminar

Pricing

Member $169.00

Non-Member $219.00

Credits

3 CLE

Credits are available only if viewed prior to 12/31/2020.

Quantity:
Maximum quantity must be less than or equal to 1.

Produced by the Civil Rights & Liberties Section of the State Bar of Wisconsin in partnership with State Bar of Wisconsin PINNACLE®

Identifying civil rights lawsuits

In theory, Section 1983 seems straightforward. If a person’s constitutional rights are violated by a federal or state governmental actor, then they have a valid Section 1983 claim, right? Wrong. Litigating these cases is procedurally tricky and highly technical; multiple requirements must be met before a Section 1983 claim can be pursued. Without careful preparation, your client’s claim could be dismissed by the courts.

A Section 1983 Overview for General Litigators will ensure you thoroughly understand the various elements of a civil rights claim and are prepared to address problems that arise during litigation.

Breaking down §1983

Section 1983 was first enacted in 1871, in an attempt to address post-Civil War race relations in the South.1 However, the statute lay dormant for 90 years until a watershed 1960s civil rights case. In Monroe v. Pape, the U.S. Supreme Court deemed that while municipalities cannot be held liable, individuals acting “under color of law” can be sued under §1983 for violating a plaintiff’s constitutional rights.2

Review rights secured by the Constitution. Understand what constitutes “unauthorized conduct” by public officials. Know how to assess in which forum to pursue your §1983 case. Be prepared for issues that may arise when litigating a federal claim in a state forum.

Read More ↓

Program Chair:

Patrick C. Elliott
Freedom From Religion Foundation
Madison

Presenters:

Asma Imtiazali Kadri
ACLU of Wisconsin Foundation, Inc.
Milwaukee

Jeff Scott Olson
The Jeff Scott Olson Law Firm S.C.
Madison

William F. Sulton
Gingras, Cates & Wachs
Milwaukee

8:00 a.m. : Registration

8:30 a.m. : Elements of a Section 1983 Claim and Choice of Forum

  • The origin and history of §1983
  • Rights secured by the Constitution and laws
  • Federal jurisdiction
  • State court litigation of §1983 cases
  • §1983 survival and wrongful death remedies
  • Unauthorized conduct by public officials

William F. Sulton

9:20 a.m. : Liability Standards and Relief

  • State of mind requirements
  • Entity and supervisory liability
  • Damages
  • Declaratory judgments and injunctions

Asma Imtiazali Kadri

10:10 a.m. : Break

10:25 a.m. : Defenses and Pleading

  • Absolute immunity
    • Qualified immunity
    • Preclusion and the Rooker-Feldman Doctrine
    • Heck v. Humphrey
    • Statutes of Limitations
    • Special pleading rules

Jeff Scott Olson

11:15 a.m. : Program Concludes

Following program start times, webcast replay schedule will vary slightly from above listed times.

  • Identify whether a case meets the criteria for a Section 1983 lawsuit
  • Better understand problems that may arise during litigation
  • Know potential immunity defenses to 1983 claims
  • Discuss special pleading requirements for civil rights claims
  • Civil rights and liberties section members
  • Civil litigators
  • Public interest lawyers
  • Government lawyers

h3>Book Sale – Save 20%

Wisconsin Trial Practice

Save 20% on Wisconsin Trial Practice . Plus, all seminar attendees receive a free two-week trial of the Books UnBound® version.* Find the complete text of opinions issued by the State Bar’s Standing Committee on Professional Ethics since 1954. Use discount code CA2964 when you order online or by calling (800) 728-7788.

*Discount applies to both print and digital Books UnBound editions of this title and cannot be applied to previous purchases. Offer valid as long as CLE credit is available for this program. For Books UnBound users, discount may be applied to purchase of individual Books UnBound title only and may not be used on purchase of full library.

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