Remedies for Trafficking Victims: Civil Litigation in the Federal Courts

“Remedies for Trafficking Victims: Civil Litigation in the Federal Courts” provides in-depth training for attorneys bringing suits under 18 USC §1595, the federal private right of action. Using a case-study approach, the course examines labor and sex trafficking civil cases litigated in the federal courts. It also provides insights into important civil precedents, recent amendments to the Trafficking Victims Protection Act (TVPA), and resources available for civil litigators representing trafficking survivors. Participants will gain knowledge about the range of state and federal claims typically brought in addition to federal trafficking statutory claims (Chapter 77 of Title 18).

The course materials draw extensively from The Human Trafficking Pro Bono Legal Center’s database of all federal trafficking cases brought since the private right of action’s inception in 2003. This program, the first session in a two-part series, covers civil trafficking case development, pleadings, myths about trafficking commonly held by juries, the interplay between immigration and civil litigation, the interplay between criminal cases and civil cases, and the impact of trauma. Session II focuses on federal criminal trafficking prosecutions and mandatory restitution for trafficking survivors.

Learning Objectives:

I.     Comprehend the federal private right of action, its history, and its relationship to federal human trafficking criminal statutes

II.     Understand elements of pleadings in trafficking cases

III.    Know additional causes of action typically brought in federal complaints alleging human trafficking

IV.    Grasp important civil precedents and common outcomes

V.     Understand myths about human trafficking and the impact of these misconceptions upon juries and judges

VI.    Recognize the interplay between immigration, criminal, and civil trafficking cases

VII.   Grasp the implications of trauma on plaintiffs in civil cases

VIII.  Become familiar with the extraterritorial reach of federal trafficking statutes and strategic litigation for abuses beyond U.S. borders

IX.    Identify common defenses raised in trafficking cases