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Handling Government Liability Cases  

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This basic-to-intermediate seminar will benefit: Attorneys, Law Enforcement Officials, City and County Administrators and Councel, Risk Managers

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Seminar Summary:

This informative seminar will walk you through the steps involved in municipal liability cases – from section 1983 basics, types of immunity and common causes of action, to defense and resolution tactics. (see full course description)

 

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Training Course Syllabus:


Learn the Liabilities of Government Municipalities so You Can Protect Your Client

Whether you are the defendant or plaintiff, government liability lawsuits can be both complex and intimidating. Are you confident in your abilities to represent your client? This informative seminar will walk you through the steps involved in municipal liability cases – from section 1983 basics, types of immunity and common causes of action, to defense and resolution tactics. Don't miss this opportunity to learn from both sides of the table to gain an edge in future government liability disputes. Register today!

  • Understand the “under color of law” definition and what it can and cannot cover.
  • Be able to determine whether you should file the suit under individual or official capacity or both.
  • Find out what types of damages are likely to be negotiated.
  • Review the differences between various types of immunities and understand their defense implications.
  • Know the common police misconduct claims you may encounter.
  • Learn the role expert testimony can play in government liability cases.
  • Understand the common Heck Doctrine defense so you can effectively employ or counter it.
  • Avoid conflicts of interest including attorney fee issues and representing multiple clients.


  1. Overview of §1983 Litigation
    9:00 - 9:45, Gregory A. Belzley
    1. Jurisdiction
    2. Bars to Relief
    3. Prima Facie Case
      1. "Under Color of Law"
    4. Individual Capacity or Official Capacity or Both?
    5. Supervisory, Municipal, County, and School District Liability
    6. Damages
      1. Nominal
      2. Compensatory
      3. Punitive
  2. Types of Immunities
    9:45 - 10:30, Daniel J. Canon
    1. Sovereign/Absolute
    2. Governmental
      1. Official
      2. Qualified Official
        1. Discretionary
        2. Ministerial
  3. Common Causes of Action
    10:45 - 12:00, Gregory A. Belzley, Daniel J. Canon, Mark G. Hall
    1. Personal & Real Property
    2. Trees, Traffic Controls and Street Lighting
    3. Streets and Sidewalks
    4. Care, Custody or Control of Animals
    5. Prison Litigation
    6. Police Misconduct
      1. Excessive Force
      2. Use of Restraints
      3. Police Pursuits
      4. Taser Cases
    7. Public Employees
      1. First Amendment Claims
      2. Procedural Due Process Claims
      3. Equal Protection Claims
  4. Popular Defenses
    1:00 - 2:15, Gregory A. Belzley
    1. Res Judicata/Collateral Estoppel
    2. Heck Doctrine
    3. Rooker/Feldman Doctrine
    4. Statute of Limitations, Notice of Claim and Accrual
    5. Tolling and Relation Back
    6. Issue Preclusion
    7. Release-Dismissal Agreements
  5. Evidentiary Considerations
    2:15 - 3:15, Mark G. Hall
    1. Relevance and Rule 403 in Section 1983
    2. Expert Testimony
    3. Evidentiary Privileges
    4. Oral Testimony
    5. Hearsay
    6. Admissibility of Investigatory Reports and Government Records
  6. Ethics
    3:30 - 4:30, Mark G. Hall
    1. Rules of Professional Conduct
    2. Avoiding Grievance/Malpractice
    3. Maintaining Client Confidentiality
    4. Conflicts of Interest
      1. Attorneys Fees
      2. Representing Multiple Clients

Seminar Summary:

This informative seminar will walk you through the steps involved in municipal liability cases – from section 1983 basics, types of immunity and common causes of action, to defense and resolution tactics. (see full course description)

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