2017 DLE-Mar 1: 42USC 1983-

Mar 01, 2017 01:00pm -
Mar 01, 2017 02:00pm
(GMT-5)

Event Description

March 1- 42 USC 1983
Municipal Liability Claims under 42 USC 1983 – Issues and Concerns

Speaker: Carson J. Tucker

“Deliberate Indifference” as a Workable Standard of Conduct for Municipal Liability – Canton v. Harris and its offspring, Canton, Bryan County, and Connick….

Single Incident Monell Liability Threatens to Create Strict Liability in 42 USC 1983 Litigation
• Circuit Court split.
• Expert evidence / testimony can substitute for the policy, pattern or practice, or custom.

How can a personal standard of conduct “deliberate indifference” be superimposed on a municipality in the first place?

Does Los Angeles v. Heller really mean that if there is no individual constitutional violation on the part of the municipality’s employees, then there can be no “municipal” liability under the applicable constitutional standard.
• The “collective conscience” theory of liability.
• Circuit Court split.

How does the 14th Amendment “substitute” for the Eighth Amendment in pre-trial detainee claims against municipalities for failure to protect and conditions of confinement litigation in correctional facilities / jails, etc.
• Traditionally 42 USC 1983 has to be tethered to a “bill of rights” violation, first, fourth, eighth amendment, which have built in standards; 14th amendment is not such a “right” in and of itself.
• State tort law usually serves as the anchor point; 14th amendment claim has no such tether to 42 USC 1983 (so, where’s the tort?)

How can a personal standard of conduct “deliberate indifference” be superimposed on a municipality in the first place?
Individual standards changing, see Kingsley (Roberts statement); Costa coming back up?
• What about subjective / objective after Kingsley
• Fourth Amendment or Fourteenth – failure to protect / excessive force claims and the problem with imposing liability in the correctional environment.
• Is it “clearly established” right, duty, or law? Clearly established and qualified immunity.
• Municipal jails cannot serve as surrogates for mental health treatment facilities.

Speaker: Carson J. Tucker 

Carson J. Tucker began his own specialized appellate and insurance coverage practice after chairing the appellate practice groups at two prior law firms. Mr. Tucker handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues. Mr. Tucker represents local and state governmental entities, national and international businesses and insurance companies, and global corporations. After law school, Mr. Tucker was a research lawyer for the Michigan Court of Appeals and then a law clerk for the Honorable Stephen J. Markman, Justice of the Michigan Supreme Court. He retired as a Major in the Judge Advocate General (JAG) Corps of the Michigan Army National Guard after 26 years of military service. He finished his career as a brigade command judge advocate after serving 10 years as staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan, a military training facility in northern Michigan. Prior to serving in the U.S. Army, Mr. Tucker served 14 years in the U.S. Navy Reserves as a Combat Warfare Qualified Heavy Equipment Operator in the Naval Engineering Corps. During his military career he received the Army’s Meritorious Service Medal, which is the highest honor a soldier can receive when serving in a non-combat role. The award recited his role in providing legal advice and counsel and preparing written pleadings for the National Guard Bureau in cases pending in the United States Supreme Court, as well as for his role as the Staff Judge Advocate at Michigan’s Joint-Force Maneuver Training Center (JMTC) Camp Grayling, and for legal support provided to Joint Force Headquarters of the Michigan National Guard. Mr. Tucker has developed a particular expertise in prosecuting and defending appeals in the United States Supreme Court and has had several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals. In addition to his work on appeals, Mr. Tucker has written brief amicus curiae in the United States Supreme Court and Michigan Supreme Court for various governmental and non-governmental entities. In addition to being licensed to practice in Michigan, Mr. Tucker is admitted to practice in the Eastern and Western District Federal Courts in Michigan, the United States Court of Appeals for the Sixth Circuit, and the United States Supreme Court.


Event Type:Distance Learning Event
Category:Distance Learning
Early registration ends on Feb 02, 2017.
Regular registration starts on Feb 03, 2017 and ends on Feb 07, 2017.
Late registration starts on Feb 08, 2017.
(GMT-05:00) Eastern Time (US & Canada)

 

Registration Fees
Fee TypeEarlyRegularLate
 2017 DLE-Mar 1
Member Fee: $49.00$49.00$49.00
Non-Member Fee: $99.00$99.00$99.00