Whether you are the defendant or plaintiff, government liability lawsuits can be both complex and intimidating. Are you confident in your abilities to represent your clients? This informative instruction will walk you through the steps involved in municipal liability cases – from section 1983 basics, types of immunity and common causes of action, to defense and resolution tactics. Don't miss this opportunity to learn from both sides of the table to gain an edge in future government liability disputes. Order today!

1. Overview of §1983 Litigation
2. Types of Immunities
3. Common Causes of Action
4. Popular Defenses
5. Evidentiary Considerations
6. Ethics

Continuing Education Credits:   

* denotes specialty credits

1. Overview of §1983 Litigation
   9:00 - 10:00, John R. Teare Jr.
   1. Jurisdiction
   2. Bars to Relief
   3. Prima Facie Case
      1. “Under Color of Law”
   4. Individual Capacity or Official Capacity or Both?
   5. Supervisory, Municipal, County, and School District Liability
   6. Damages
      1. Nominal
      2. Compensatory
      3. Punitive
2. Types of Immunities
   10:00 - 10:45, John H. Bryan
   1. Sovereign/Absolute
   2. Governmental
      1. Official
      2. Qualified Official
         1. Discretionary
         2. Ministerial
3. Common Causes of Action
   11:00 - 12:00, John H. Bryan
   1. Personal & Real Property
   2. Trees, Traffic Controls and Street Lighting
   3. Streets and Sidewalks
   4. Care, Custody or Control of Animals
   5. Prison Litigation
   6. Police Misconduct
      1. Excessive Force
      2. Use of Restraints
      3. Police Pursuits
      4. Taser Cases
   7. Public Employees
      1. First Amendment Claims
      2. Procedural Due Process Claims
      3. Equal Protection Claims
4. Popular Defenses
   1:00 - 2:00, Natalie C. Schaefer
   1. Res Judicata/Collateral Estoppel
   2. Heck Doctrine
   3. Rooker/Feldman Doctrine
   4. Statute of Limitations, Notice of Claim and Accrual
   5. Tolling and Relation Back
   6. Issue Preclusion
   7. Release-Dismissal Agreements
5. Evidentiary Considerations
   2:15 - 3:30, John R. Teare Jr.
   1. Relevance and Rule 403 in Section 1983
   2. Expert Testimony
   3. Evidentiary Privileges
   4. Oral Testimony
   5. Hearsay
   6. Admissibility of Investigatory Reports and Government Records
6. Ethics
   3:30 - 4:30, John R. Teare Jr.
   1. Rules of Professional Conduct
   2. Avoiding Grievance/Malpractice
   3. Maintaining Client Confidentiality
   4. Conflicts of Interest
      1. Attorneys Fees
      2. Representing Multiple Clients

JOHN H. BRYAN is a sole practitioner in Union, West Virginia. His main areas of practice are civil and criminal litigation. Mr. Bryan has worked as an investigator of police misconduct for the Department of Justice; as a prosecutor in Raleigh North Carolina; as a criminal defense attorney in Durham, North Carolina; and as a civil and criminal trial lawyer in West Virginia. He is a member of The West Virginia State Bar and U.S. District Court for the Southern District of West Virginia. Mr. Bryan earned his B.A. degree from the University of Central Florida and his J.D. degree from the University of North Carolina at Chapel Hill School of Law.

NATALIE C. SCHAEFER is an attorney with Shuman, McCuskey & Slicer PLLC, where her practice has focused primarily on representing companies and government agencies in cases involving catastrophic loss, wrongful death, and employment litigation. Ms. Schaefer also practices energy litigation in cases involving accident investigation and safety compliance. Her published works include, "The Unusual Suspects: Unlikely Players in the Product Liability Arena," Defense Trial Counsel of West Virginia and "Administrative Preclusion: Litigation Ammunition?" Defense Trial Counsel of West Virginia. An Order of the Coif and Order of Barristers graduate from the West Virginia College of Law, Ms. Schaefer was the 2002 Lugar Trial Association Invitational Competition winner and also served as an executive board member of the West Virginia University Law Review. She is currently a member of the Defense Trial Counsel of West Virginia, the Defense Research Institute (Product Liability, Insurance Law and Trial Tactics committees) and The West Virginia Bar Association. Ms. Schaefer earned her B.A. degree from West Virginia University and her J.D. degree from West Virginia University College of Law.

JOHN R. TEARE JR. is an attorney in the Charleston law firm of Spilman Thomas & Battle, PLLC. He concentrates his practice in the defense of law enforcement officers and agencies in civil rights claims, civil service matters, employment matters, and general liability and risk avoidance for law enforcement management. Mr. Teare also practices general civil litigation and represents the manufactured housing industry. He has been an instructor for the Charleston Regional Police Academy and has served on a subcommittee of the West Virginia Law Enforcement Training Subcommittee. Mr. Teare has prepared policy and procedure manuals for local police departments and is a frequent speaker for law enforcement in-service training and citizen police academies. He is general counsel to the West Virginia Sheriff's Association and the West Virginia Housing Institute, Inc. Mr. Teare graduated first in his police academy class; earned his B.S. degree in criminal justice, summa cum laude, from Wilmington College; earned his J.D. degree, cum laude, from The T.C. Williams School of Law, University of Richmond; and completed the Trial Advocacy Institute at the University of Virginia in 1996. He is admitted to practice in West Virginia and before the U.S. District for the Northern and Southern districts of West Virginia and the Fourth Circuit Court of Appeals. Mr. Teare is a member of the Defense Counsel of West Virginia, the Defense Research Institute, and the National Manufactured Housing Attorney Network. He is a former director of the Charleston Public Safety Council, served as chairman of the Police Needs Task Force and is a former chairman of the Charleston Chamber of Commerce Public Safety Commission. Mr. Teare was a long-term scout leader; currently serves on the Board of the Buckskin Council, B.S.A. and is its legal counsel; and also is a member of the National Eagle Scout Association. He is a member of the Fraternal Order of Police and served as a city police officer in Dover, Delaware from 1977 to 1985.

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