Dismissals on the Pleadings: 42 U.S.C. Section 1983

This CLE will cover basic pleading requirements for 42 U.S.C. § 1983 civil rights claims against municipalities (Monell claims) and individual municipal employees. It will highlight common errors even experienced practitioners make in drafting complaints alleging § 1983 violations, as well as legal strategies for getting these claims dismissed under Federal Rules of Civil Procedure 12(b)(6) and 12(c). While the course is geared primarily for municipal defense attorneys, plaintiff attorneys will also find the content useful when drafting complaints asserting alleged § 1983 violations. Practitioners will gain familiarity with general pleading requirements under Federal Rule 8(a)(2), and how federal courts apply this rule when evaluating 42 U.S.C. § 1983 claims against individuals and municipalities. Practitioners will learn about the basic theories of recovery under § 1983, as well as the technical pleading requirements for each theory. Finally, practitioners will learn to spot common errors attorneys frequently make in drafting complaints containing § 1983 claims, and how courts test the adequacy of § 1983 allegations when ruling on motions to dismiss.