Dear Registrants for our Nuts and Bolts Training originally scheduled for this Friday. Unfortunately, we have to postpone the event due to reasons beyond anyone’s control. Happily though, the event will be RESCHEDULED to May 10 2024. Our intent is to send a Doodle Poll to you in the coming days so we can ask each of our current registrants which possible option will work best for you.
Please stay tuned and know that this is not a decision that we came to lightly and we are very sorry to have to cancel (for now) this very important training.
The FBA Chapter for the Eastern District of Michigan and the Civil Rights Section of the FBA Proudly Announce: Civil Rights Étouffée on the Road in Detroit
Nuts and Bolts on Section 1983 and Qualified Immunity: (Nearly) Everything There is to Know
Friday, October 20, 2023, in the Detroit Room of the Theodore Levin Courthouse, 231 West Lafayette Boulevard, Detroit, MI 48226-2700
October 20 @ 11:45 am – 5:00 pm
MEMBERS: $0 (Suggested $15 donation to help defray event costs) and NON-MEMBERS/GUESTS: $0 (Suggested donation is $25 to defray event costs).
Judges, and FBA member law clerks and court staff are free. All should register at link far below.
Noon to 1:30 – Lunch and Speaker
Section 1983 and Qualified Immunity: Where it’s Been and Where it Might be Headed
Professor Alexander A. Reinert, the Max Freund Professor of Litigation and Advocacy at the Benjamin N. Cardozo School of Law
1:45 to 3:15 – Section 1983 Nuts and Bolts for Litigators
Judge Judith Levy will introduce the afternoon event, explaining the importance of Section 1983 cases to the Court as the largest portion of the docket as well as the substance of the cases. The panel will address a range of topics related to Section 1983 litigation.
District Judge Judith E. Levy
District Judge Terrence G Berg
Magistrate Judge Elizabeth A. Stafford
Cary S. McGehee
Nolan J. Moody
Assistant Attorney General (Adam de Bear )
Moderator: Robin Wagner
3:30 to 4:30 – Questions and Answers for the Panel
Including Special Guest Speaker Alexander A. Reinert
Section 1983 Nuts and Bolts for Litigators is intended not only for newer attorneys and law clerks, but also anyone who wants to participate in the Court’s pro bono program or who supervises attorneys on such cases. The program is also a great primer for anyone looking to expand into Section 1983 litigation.
The panel will endeavor to cover topics including:
- The core of the complaint and the facts
- how to understand and recognize the key elements of a Section 1983 claim
- Unique considerations in the prison context, like exhaustion
- The typical procedural postures of a case that is referred for pro bono counsel
- Representing incarcerated persons in civil matters
- Discovery challenges unique to prisoner-rights cases – what kinds of documents might exist particular to this context that you need to look for? What questions to ask?
- How to use the specific tools of discovery in the prison context
- When and why you might need a request to permit entry on land
- Client communications
- Depositions in the prison context
- Special orders needed if client/witnesses must appear in court
- Understanding the concerns of the government entity defendant
- Client management issues
- Time it takes to make decisions and get responses to questions related to clients and witnesses
- Security concerns
- How to handle discovery disputes in these cases
- Pre-trial motions: how to be effective and strategic with Motions in Limine, exhibits, other pre-trial planning
- Damages – what’s available, how to evaluate and understand the value of the case
- Mediation/settlement conferences
- Trial nuts and bolts