In this class, we’ll explore what qualified immunity is, where it comes from, and whether it is consistent with the law. Then we’ll learn about the life cycle of a civil rights case, and how qualified immunity and interlocutory appeals intersect with typical civil litigation procedures. Finally, we’ll learn how civil rights litigators prepare for success – both before and after a lawsuit is filed.
Principles
- Understand the Scope and Operation of Qualified Immunity
- Examine the origins, purpose, and legal framework of qualified immunity, including how courts evaluate whether a constitutional right was violated and whether that right was clearly established.
- Develop an Effective Section 1983 Litigation Strategy
- Understand the lifecycle of a civil rights case—from pre-suit investigation and pleading through discovery, dispositive motions, trial, and appeal—and identify strategic considerations unique to Section 1983 litigation.
- Navigate Qualified Immunity and Interlocutory Appeals
- Recognize how qualified immunity can shape litigation strategy and affect the timing and availability of interlocutory appeals, including the procedural consequences for the underlying case.
- Pursue and Defend Municipal Liability Claims
- Understand the requirements for Monell claims and distinguish individual liability from municipal liability, with attention to identifying the policies, customs, practices, or decisions that may support a claim against a governmental entity.
- Prepare for Success Before and After Filing
- Develop practical strategies for evaluating claims, preserving evidence, identifying defendants and theories of liability, anticipating defenses, and positioning the case effectively from pre-suit investigation through resolution and appeal.
Syllabus
- Qualified immunity
- Civil litigation, Interlocutory appeals
- Monell claims
