Product Description

Allegations of unlawful police shootings, excessive uses of force, and false arrests continue to dominate the national media. What does this mean for lawyers in Massachusetts who want to work on civil rights cases under Section 1983? How can attorneys who hope to build their practice do so in this growing field? 

This program provides a general overview of both prosecuting and defending cases brought under Section 1983, including insider tactics and key legal updates. Expert practitioners delve deep into the major issues from multiple perspectives, using their wealth of experience to share practical tips and strategies for handling these cases from inception through trial. Their unique insights provide you not just with a through overview, but also solid grounding in the very latest in this area of the law. 

This program includes anyalysis of individual, supervisory, and municipal liability; causes of action; scope of discovery; summary judgment; qualified immunity; trial tactics; damages; and attorneys' fees. The faculty demystifies the defense of qualified immunity and discusses the latest legal decisions. If you practice in this area—or hope to—this program is a must!

Agenda & Materials

• 9:30 am - 9:53 am

  Introduction and Sophia Hall on Goals of litigation against Law Enforcement

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  • Goals of litigation against law enforcement /li>
  • Resources for plaintiff’s attorneys
  • Available claims (False arrest / excessive force / malicious prosecution)

  Sophia L. Hall, Esq., Lawyers for Civil Rights , Boston
  
• 9:53 am - 10:21 am

  Attorney Tom Donohue on Police Misconduct Litigation Cases

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  • Qualified Immunity [Gray v. Cummings, 917 F.3d 1 (1st Cir. 2019)]
  • Death of Community Caretaking as applied to homes? [Caniglia v. Strom, 141 S. Ct. 1596 (2021)]
  • Motions under Rule 12 and 56

  Thomas R. Donohue, Esq., Brody, Hardoon, Perkins & Kesten LLP , Boston
  
• 10:21 am - 10:50 am

  Howard Friedman on How to Bring Successful Cases Against Police Officers in Misconduct

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  • How to bring successful cases against police officers
  • Case, claim and defendant selection – should I sue supervisors and the municipality
  • Supervisory liability [Justiniano v. Walker, 986 F.3d 11 (1st Cir. 2021)]
  • Municipal liability [Cox v. Murphy, Civ. No. 12-11817, 2016 WL 4009978 (D. Mass. 2016)]
  • Qualified Immunity [Lachance v. Town of Charlton, 990 F.3d 14 (1st Cir. 2021)]

  Howard Friedman, Esq., Law Offices of Howard Friedman P.C. , Brookline
  
• 10:50 am - 11:20 am

  Kathleen Ann Carey on 4th v. 14th Amendment Standards & Case Updates in Current Times

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  • 4th v. 14th Amendment standards – why this matters
  • When is a suspect seized? [Torres v. Madrid, 141 S. Ct. 989 (2021)]
  • State created danger doctrine [Irish v. Fowler, 979 F.3d 65 (1st Cir. 2020) (cert. docketed April 5, 2021)]
  • Case evaluation in current times

  Kathleen Ann Carey, Esq., MassDOT/MBTA Office of General Counsel , Boston
  
• 11:20 am - 11:35 am

  Break
• 11:35 am - 11:55 am

  Luke Ryan on Tips for Summary Judgment and Interlocutory Appeals; Role of Police Department Policies in Prosecuting Cases

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  • Tips for summary judgment and interlocutory appeals [Defeating Qualified Immunity, Establishing facts in dispute, Hutchins v. McKay, No. 18-1144 (1st Cir. 2018)]
  • Role of police department policies in prosecuting cases

  Luke Ryan, Esq., Sasson, Turnbull, Ryan & Hoose , Northampton
  
• 11:55 am - 12:21 pm

  Police Misconduct Litigation: Erika Reis on Claims against Municipalities, Monell discovery

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  • Claims against municipalities under Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (1978)
  • Monell discovery
  • Use of expert witnesses [Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)]

  Erika Reis, Esq.,
  
• 12:21 pm - 12:26 pm

  Police Misconduct Litigation: Practice Tips

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  Panel
  

Special Program Materials:

• Federal Civil Litigation in the First Circuit

Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

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Faculty