(Webcast) Civil Rights Litigation on Behalf of Children, Families, and People with Disabilities

Friday, October 2, 2020 | 9:00 am – 12:00 pm

Program Chair:

David Lebowitz
Kaufman Lieb Lebowitz & Frick LLP

  • 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.

    Program Fee: Free for Members | $50 for Nonmembers

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2018-2020), In-House/Corporate Counsel, Judges, or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Jessica Clarke
    Chief, Civil Rights Bureau, New York
    Attorney General’s Office

    Carolyn A. Kubitschek
    Lansner & Kubitschek

    Colm Ryan
    Barclay Damon

  • 9:00 am – 9:05 am
    Introduction of Topic and Panelists

    9:05 am – 9:55 am
    Civil Rights Law and Vulnerable Populations

    9:55 am – 10:10 am

    10:10 am – 11:00 am
    Pre-Filing Investigation and Discovery

    11:05 am – 11:55 am
    Ethics in Representing Civil Rights Plaintiffs

    11:55 am –  12:00 pm
    Question & Answer

  • 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, 1.0 Professional Responsibility
    Pennsylvania: 2.5 Total: 2.0 General, 0.5 Professional Responsibility
    Connecticut: Available to Licensed Attorneys

  • Sponsoring Association Committees:
    Civil Rights, Zoey Chenitz, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org