Navigating Section 1983 Liability for Municipalities: Individual/Official Capacity, Qualified Immunity and Monell Claims

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, April 4, 2017
Recorded event now available


This CLE webinar will discuss the elements of municipal liability under Section 1983 and the difference between individual, supervisory and municipal liability, including the definition of a “person” and “acting under color of state law." The program will discuss latest cases, trends, and strategies affecting §1983 litigation and best practices for defending municipalities in these claims.

Description

Section 1983 provides a mechanism by which individuals who have had their constitutional rights violated may seek a remedy against employees or agents of a state or municipality.

While government entities are generally not liable for actions of its employees under §1983, plaintiffs can pursue Monell claims by identifying a governmental policy or custom that caused the plaintiff’s injury.

Section 1983 actions often are brought against both the employee/agent of the state or municipality and the state/municipality itself. If the individual defendant is exonerated from liability, arguably there is no violation by the state/municipality. However, states/municipalities may be held liable even when the individual defendant is not liable for the government’s role, such as inadequate policy or lack of training.

Case law developments nationwide inform the scope of liability and trends and developments are critical to the defense of these claims.

Listen as our authoritative panel of attorneys analyzes municipal liability under Section 1983 and the difference between individual, supervisory and municipal liability. The panel will discuss the definition of a “person” and “acting under color of state law” and look at the latest cases, trends and strategies affecting §1983 litigation.

Outline

  1. Element of claims
    1. Defendant acting in an individual or official capacity?
    2. Qualified immunity
    3. Statute of limitations
    4. Defenses
    5. Proof requirements
    6. Causation
    7. State of mind
  2. Latest cases and trends in Section 1983 litigation
  3. Liability of municipalities outside of individual liability

Benefits

The panel will review these and other key issues:

  • How have courts interpreted the definition of a “person” and “acting under color of state law”?
  • What must a plaintiff allege in order to pursue a Monell claim under Section 1983?
  • Under what circumstances can a municipality be held liable for a Section 1983 violation in the absence of a finding of liability against the individual defendant?

Faculty

Samuel C. Hall, Jr., Shareholder
Crivello Carlson, Milwaukee

Mr. Hall's principal practice focuses on civil rights litigation and appellate practice. He has successfully defended hundreds of law enforcement officers, government officials and municipalities in cases involving alleged civil rights violations. He is admitted to practice and has defended law enforcement in high profile cases. His civil rights work has been covered nationally, including in publications such as the New York Times, Chicago Tribune, Wall Street Journal, Washington Post, Miami Herald and San Francisco Chronicle.

Sara C. Mills, Atty
Crivello Carlson, Milwaukee

Ms. Mills represents her clients in state, federal and administrative forums focusing on civil defense litigation and appellate work. She has successfully defended clients in matters involving a wide range of issues, including personal injury and premises liability, legal malpractice, and claims based on Wisconsin's Safe Place Statute, Wisconsin's Consumer Act, civil rights statutes, municipal regulations, the United States Constitution, and more. She is a frequent contributor to Crivello Carlson's blog, "On the Docket."

Rhonda R. Stowers, Senior Attorney
Plunkett Cooney, Flint, Mich.

Ms. Stowers has an extensive litigation practice that includes general liability, governmental law, commercial liability and real estate. As part of her governmental law practice, she advises and defends municipalities on a range of issues, including the Freedom of Information Act, the Open Meetings Act, federal and state constitutions, civil rights, zoning, charter amendments, ordinance drafting, and employment-related matters. She defends premises, employment, product and general liability cases on behalf of churches, employers, landlords, manufacturers and retailers. 


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H

How does this work?


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

A thoroughly professionally structured and presented program.

Roy Gowey

City of Coeur d'Alene

Cutting edge information from people who are in the field.

John McGowan

Donahue Tucker & Ciandella

Strafford made it easy to attend and were very communicative prior to and during the seminar.

Virginia Cassady

Shepard, Smith and Cassady

Strafford events are very organized, simple to access, and offer good information.

Luke Santangelo

Santangelo Law Offices

I appreciated that the seminar’s comprehensive coverage was targeted to those not already expert in this area of law.

Patricia Chapman

Gleaves Swearingen

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.