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

  • 9:00 AM - 12:00 PM
  • Eastern Time (US & Canada)
  • By: New York City Bar Association
  • This event will take place online.
  • Source: New York
  • Civil Rights
  • Seminar
  • Disability

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.