A Primer on Section 1983 Police Misconduct Litigation

In this program, Jessica Massimi, a New York City-based civil rights attorney handling Section 1983 and employment discrimination cases, provides an overview of 1983 litigation against the police.

The course will provide instruction on the importance of identifying the proper parties; conditions precedent to filing suit; applicable time limitations for each claim; identifying the documents to obtain in discovery; litigating cases and taking depositions to defeat summary judgment motions in false arrest, malicious prosecution, denial of fair trial, and excessive force cases; how to defeat common defenses asserted in these cases (i.e. qualified immunity); and the differences in litigating these cases in state court versus federal court (including the differences in summary judgment motion practice and in taking depositions in federal court versus state court). Massimi will also discuss attorney's fees (when they are available and how to make your motion). Finally, the course includes a discussion of expert disclosures in federal court, and how to combat attempts to circumvent rules regarding experts.

Learning Objectives:

1. Identify the proper defendants, claims, venue, time limitations, and conditions precedent to filing suit
2. Review the proper documents to obtain during discovery in a basic 1983 case
3. Depose each defendant properly
4. Oppose summary judgment motions in state and federal court
5. Assess the available relief with respect to each claim, including potential attorney's fees