Civil Rights Litigation on Behalf of Children, Families, and People with Disabilities (OnDemand)
Originally held on Friday, October 2, 2020 | 9:00 am - 12:00 pm
Program Fee:
Free for Members | $50 for Nonmembers
CLE Credit:
New York: 3.0 Total: 2.0 Professional Practice, 1.0 Ethics
New Jersey: 3.0 Total: 2.0 General, 1.0 Professional Responsibility
California: 3.0 Total: 2.0 General, 0.5 Professional Responsibility
Pennsylvania: 2.5 Total: 2.0 General, 0.5 Professional Responsibility
Connecticut: Available to Licensed Attorneys
Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.
Description:
While damages actions under 42 USC §1983 are frequently brought by
victims of civil rights violations in the criminal justice system
alleging false arrest, excessive force, and malicious prosecution, civil
rights suits are no less important in other contexts where state and
local government action touches profound interests in life, liberty and
property. Recent cases have illustrated the usefulness of civil
litigation under 42 USC §1983 in a variety of contexts, including claims
on behalf of people with disabilities in government-run facilities,
families subjected to child protective investigations, involuntarily
hospitalized patients, and children in foster care. Success for
plaintiffs in these cases requires eschewing a one-size-fits-all
approach in favor of a strategy tailored to the structure, practices,
and policies of the defendant agencies and the particular laws and
regulations governing them. This program will provide an overview of
common issues that arise in investigating, pleading, and conducting
discovery in these cases. The program will also cover common legal
ethics issues that arise in these cases, including the contours of Rule
1.14 of the Rules of Professional Conduct (Client with Diminished
Capacity) and the application of Rule 1.2(a) to settlements involving
children and vulnerable populations in the Supreme Court’s Evans v. Jeff
D. decision and subsequent cases. The program will be useful for
attorneys representing plaintiffs and defendants in Section 1983
litigation, as well as attorneys in personal injury law, medical
malpractice, disability rights, children’s rights, and other related
fields looking to expand their practices or learn how to spot civil
rights issues.
Click Here to View Program Agenda & Faculty
Program Chair:
David Lebowitz, Kaufman Lieb Lebowitz & Frick
Sponsoring Association Committees:
Civil Rights, Zoey Chenitz, Chair