Litigating Section 1983 Cases: Strategy, Procedure, and Qualified Immunity

Course Description

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

1. Qualified immunity
2. Civil litigation, Interlocutory appeals
3. Monell claims