Seminar  Seminar

Section 1983 Civil Rights Litigation (30th Annual)


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Why you should attend

Section 1983 authorizes private individuals to enforce their federal constitutional rights against state and local officials, and  is one of the most vital areas in American law. Although the original version of the statute dates back to 1871, Section 1983 litigation continues to generate new issues and difficult applications of established principles. The courts continually render a large volume of important decisions in Section 1983 actions.

At PLI’s 30th Annual Section 1983 Civil Rights Litigation program, a highly experienced and accomplished faculty will analyze recent Section 1983 litigation developments from both doctrinal and practical litigation perspectives. The faculty includes a highly experienced federal court judge, a law school Dean, legal scholars, and plaintiff and defendant practitioners.

What you will learn

  • In-depth review of the Supreme Court’s October 2012 Term and preview of the new Term
  • Municipal liability update  and its relationship to officer  liability
  • Prosecutorial immunity
  • Section 1983 stop and frisk litigation
  • Excessive force claims – focusing on use of Tasers, mace, and pepper spray

Who should attend

This program is for experienced attorneys working in Section 1983 litigation who need to stay up-to-date on the most recent developments.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00 Opening Remarks and Introduction

Professor Martin A. Schwartz

9:15 Supreme Court Review

Overview of the October 2012 Term, the Equality Decisions (gay marriage, affirmative action, and voting rights), Freedom of Speech, and Privileges and Immunities.

Presenters: Dean Erwin Chemerinsky, Professor Martin A. Schwartz
Commentators: Professor Karen M. Blum, Professor Leon Friedman, Celeste Koeleveld

10:15 Networking Break

10:30 Supreme Court Review (continued) and Preview of the New Term

Fourth Amendment searches (DNA samples, alcohol blood testing, and police dogs), Fifth Amendment limitations on police interrogations, Takings Claims, Title VII causation, and preview of the new Term.

Presenters: Dean Erwin Chemerinsky, Professor Martin A. Schwartz
Commentators: Professor Karen M. Blum, Professor Leon Friedman, Celeste Koeleveld

11:30 Municipal Liability:  Relationship between Municipal Liability and Officer Liability

A review of the various bases for imposing municipal liability, with an emphasis on custom and practice, training and supervision, municipal inaction, municipal enforcement of state law, and recent decisions concerning the relationship between municipal liability and officer liability.

Presenter: Professor Karen M. Blum
Commentators: Dean Erwin Chemerinsky, Professor Leon Friedman, Celeste Koeleveld

12:30 Lunch

Afternoon Session: 1:30 p.m. - 5:00 p.m.

1:30 Prosecutorial Immunity

  • The Supreme Court Decisional Law
    A comprehensive review of the Supreme Court decisions governing prosecutorial immunity.

Presenter: Dean Erwin Chemerinsky

  • Recent Circuit Court Developments

Presenter: Professor Martin A. Schwartz
Commentators: Frederick K. Brewington, Professor Leon Friedman, Celeste Koeleveld, Hon. Arlene Rosario Lindsay, Professor Theodore M. Shaw

2:30 Networking Break

2:45 Section 1983 Challenges to Stop and Frisks (including profiling)

  • Fundamental Fourth Amendment and Equal Protection Principles

Presenter: Dean Erwin Chemerinsky

  • Floyd v. City of New York: The Issues
    A discussion, from various perspectives,  of the issues involved  in Floyd v. City of New York,  (S.D.N.Y.)( a systemic challenge to police stop and frisk  practices in New York City).

Presenter: Celeste Koeleveld
Commentators: Frederick K. Brewington, Dean Erwin Chemerinsky, Professor Leon Friedman, Hon. Arlene Rosario Lindsay, Professor Martin A. Schwartz, Professor Theodore M. Shaw

4:00 Excessive Force Claims; Emphasis on Medium Level Force – Mace, Pepper Spray and Tasers: The Law, Police Practices, and Police Training

  • Review of the law, police practices, and police training on use of medium level force and mace, pepper spray, and Tasers, with practices illustrated by videotaped material.
  • Analysis of recent circuit court decisions

Presenters: Jack Ryan
Commentators: Frederick K. Brewington, Dean Erwin Chemerinsky, Hon. Arlene Rosario Lindsay, Professor Theodore M. Shaw

Chairperson(s)
Professor Martin A. Schwartz ~ Professor of Law, Touro Law Center
Speaker(s)
Professor Karen M. Blum ~ Associate Dean and Professor of Law, Suffolk University Law School
Frederick K. Brewington ~ Law Offices of Frederick K. Brewington
Dean Erwin Chemerinsky ~ Dean and Distinguished Professor of Law, University of California, Irvine School of Law
Professor Leon Friedman ~ Joseph Kushner Distinguished Professor of Civil Liberties Law, Hofstra University School of Law, Law Office of Leon Friedman
Celeste Koeleveld ~ Executive Assistant Corporation Counsel for Public Safety, New York City Law Department; Adjunct Professor, Columbia Law School
Hon. Arlene Rosario Lindsay ~ United States Magistrate Judge, United States District Court, Eastern District of New York
Jack Ryan ~ Legal & Liability Risk Management Institute
Professor Theodore M. Shaw ~ Professor of Law, Columbia Law School; Of Counsel, Norton Rose Fulbright;, Former Director-Counsel & President, NAACP Legal Defense & Educational Fund, Inc.
Program Attorney(s)
Janet L. Siegel ~ Practising Law Institute
New York City Seminar Location

PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

The New York Hilton & Towers,
1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is 0495741. You can also make reservations online to access Practising Law Institute rates.

The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com

Sheraton New York Times Square Hotel, 811 7th Avenue, New York, NY 10019, 1-800-325-3535 or (212) 581-1000. When calling, please mention Practising Law Institute and mention SET#311155. You may also book online.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Why you should attend

Section 1983 authorizes private individuals to enforce their federal constitutional rights against state and local officials, and  is one of the most vital areas in American law. Although the original version of the statute dates back to 1871, Section 1983 litigation continues to generate new issues and difficult applications of established principles. The courts continually render a large volume of important decisions in Section 1983 actions.

At PLI’s 30th Annual Section 1983 Civil Rights Litigation program, a highly experienced and accomplished faculty will analyze recent Section 1983 litigation developments from both doctrinal and practical litigation perspectives. The faculty includes a highly experienced federal court judge, a law school Dean, legal scholars, and plaintiff and defendant practitioners.

What you will learn

  • In-depth review of the Supreme Court’s October 2012 Term and preview of the new Term
  • Municipal liability update  and its relationship to officer  liability
  • Prosecutorial immunity
  • Section 1983 stop and frisk litigation
  • Excessive force claims – focusing on use of Tasers, mace, and pepper spray

Who should attend

This program is for experienced attorneys working in Section 1983 litigation who need to stay up-to-date on the most recent developments.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

All times are E.D.T.

Morning Session: 9:00 a.m. - 12:30 p.m.  (E.D.T.)

9:00 Opening Remarks and Introduction

Professor Martin A. Schwartz

9:15 Supreme Court Review

Overview of the October 2012 Term, the Equality Decisions (gay marriage, affirmative action, and voting rights), Freedom of Speech, and Privileges and Immunities.

Presenters: Dean Erwin Chemerinsky, Professor Martin A. Schwartz
Commentators: Professor Karen M. Blum, Professor Leon Friedman, Celeste Koeleveld

10:15 Networking Break

10:30 Supreme Court Review (continued) and Preview of the New Term

Fourth Amendment searches (DNA samples, alcohol blood testing, and police dogs), Fifth Amendment limitations on police interrogations, Takings Claims, Title VII causation, and preview of the new Term.

Presenters: Dean Erwin Chemerinsky, Professor Martin A. Schwartz
Commentators: Professor Karen M. Blum, Professor Leon Friedman, Celeste Koeleveld

11:30 Municipal Liability: Relationship between Municipal Liability and Officer Liability

A review of the various bases for imposing municipal liability, with an emphasis on custom and practice, training and supervision, municipal inaction, municipal enforcement of state law, and recent decisions concerning the relationship between municipal liability and officer liability.

Presenter: Professor Karen M. Blum
Commentators: Dean Erwin Chemerinsky, Professor Leon Friedman, Celeste Koeleveld

12:30 Lunch

Afternoon Session: 1:30 p.m. - 5:00 p.m.  (E.D.T.)

1:30 Prosecutorial Immunity

  • The Supreme Court Decisional Law
    A comprehensive review of the Supreme Court decisions governing prosecutorial immunity.

Presenter: Dean Erwin Chemerinsky

  • Recent Circuit Court Developments

Presenter: Professor Martin A. Schwartz
Commentators: Frederick K. Brewington, Professor Leon Friedman, Celeste Koeleveld, Hon. Arlene Rosario Lindsay, Professor Theodore M. Shaw

2:30 Networking Break

2:45 Section 1983 Challenges to Stop and Frisks (including profiling)

  • Fundamental Fourth Amendment and Equal Protection Principles

Presenter: Dean Erwin Chemerinsky

  • Floyd v. City of New York: The Issues
    A discussion, from various perspectives, of the issues involved in Floyd v. City of New York, (S.D.N.Y.)( a systemic challenge to police stop and frisk practices in New York City).

Presenter: Celeste Koeleveld
Commentators: Frederick K. Brewington, Dean Erwin Chemerinsky, Professor Leon Friedman, Hon. Arlene Rosario Lindsay, Professor Martin A. Schwartz, Professor Theodore M. Shaw

4:00 Excessive Force Claims; Emphasis on Medium Level Force – Mace, Pepper Spray and Tasers: The Law, Police Practices, and Police Training

  • Review of the law, police practices, and police training on use of medium level force and mace, pepper spray, and Tasers, with practices illustrated by videotaped material.
  • Analysis of recent circuit court decisions

Presenters: Jack Ryan
Commentators: Frederick K. Brewington, Dean Erwin Chemerinsky, Hon. Arlene Rosario Lindsay, Professor Theodore M. Shaw

Chairperson(s)
Professor Martin A. Schwartz ~ Professor of Law, Touro Law Center
Speaker(s)
Professor Karen M. Blum ~ Associate Dean and Professor of Law, Suffolk University Law School
Frederick K. Brewington ~ Law Offices of Frederick K. Brewington
Dean Erwin Chemerinsky ~ Dean and Distinguished Professor of Law, University of California, Irvine School of Law
Professor Leon Friedman ~ Joseph Kushner Distinguished Professor of Civil Liberties Law, Hofstra University School of Law, Law Office of Leon Friedman
Celeste Koeleveld ~ Executive Assistant Corporation Counsel for Public Safety, New York City Law Department; Adjunct Professor, Columbia Law School
Hon. Arlene Rosario Lindsay ~ United States Magistrate Judge, United States District Court, Eastern District of New York
Jack Ryan ~ Legal & Liability Risk Management Institute
Professor Theodore M. Shaw ~ Professor of Law, Columbia Law School; Of Counsel, Norton Rose Fulbright;, Former Director-Counsel & President, NAACP Legal Defense & Educational Fund, Inc.
Program Attorney(s)
Janet L. Siegel ~ Practising Law Institute
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.

PLI's Live Webcasts are approved for MCLE credit (unless otherwise noted in the product description) in the following states/territories:  Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York2, Ohio3, Oklahoma, Oregon*, Pennsylvania4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.

*PLI will apply for credit upon request.

Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.

Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.

 

1Indiana: Considered a distance education course. There is a 6 credit limit per year.

2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.

3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.

5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.


Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.

Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

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"Superb lineup of topics and panelists."
- 2012 attendee