Qualified Immunity: Issues for Municipalities, Current Developments, and Emerging Trends
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss current developments and emerging trends in the law of qualified immunity. The panel will offer an overview of how the doctrine developed, current federal and state jurisprudence, and how courts determine if a right is clearly established. The panel will also discuss governmental liability under Monell.
Outline
- History of qualified immunity
- Determining whether an action was in an individual or official capacity
- Determining “clearly established law”
- Monell liability
- Emerging trends and recent cases
- Assaults on qualified immunity
Benefits
The panel will discuss these and other important issues:
- What does it take to show that a right is "clearly established" in connection with different constitutional rights?
- Who has the burden to establish qualified immunity?
- What must a plaintiff allege to pursue a Monell claim under Section 1983?
Faculty
Daniel W. Bourgault
Associate
Klein, Thorpe & Jenkins
Mr. Bourgault received his B.A. in Psychology and Criminal Justice from Elmhurst University, Honors Program in 2017. In... | Read More
Mr. Bourgault received his B.A. in Psychology and Criminal Justice from Elmhurst University, Honors Program in 2017. In 2022, he earned his J.D. from Loyola University Chicago School of Law and master’s in Public Policy from The Graduate School at Loyola University Chicago as a member of the dual-degree program. While in law school, as a 711 Student Attorney in the Community Law Center Clinic Mr. Bourgault served as a Guardian Ad Litem representing the interests of children in legal disputes. He was also a member of Loyola University Chicago’s nationally ranked moot court program as the John H. Calhoun fellow on the Wilhelm C. Vis International Commercial Arbitration team. In this role, Mr. Bourgault received Honorable Mention awards for the best individual oral advocate at Moot Shanghai 2022 and the Vis East Moot competition, the Gary David Friedman Advocacy Team of the Year, and won 1st place at the Moot Shanghai 2022 international competition.
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Lawrence Rosenthal
Professor
Chapman University
Professor Rosenthal entered the practice of law as an Assistant United States Attorney for the Northern District of... | Read More
Professor Rosenthal entered the practice of law as an Assistant United States Attorney for the Northern District of Illinois, specializing in organized crime and public corruption prosecutions. Among other things, he brought the first racketeering case involving insider trading, and secured the longest sentence in the history of the district in an organized crime case (200 years). Professor Rosenthal subsequently joined the City of Chicago's Department of Law, where he was Deputy Corporation Counsel for Counseling, Appeals, and Legal Policy. In that capacity, he argued three cases in the United States Supreme Court, and supervised a large volume of complex litigation as well as legislative as policy matters.
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J. Allen Wall
Partner
Klein, Thorpe & Jenkins
Mr. Wall concentrates his practice in the areas of general litigation in both state and federal trial courts and courts... | Read More
Mr. Wall concentrates his practice in the areas of general litigation in both state and federal trial courts and courts of appeals. He also focuses his practice in general municipal law and school law, particularly the representation of charter schools. Mr. Wall worked as an Assistant General Counsel and, later, Senior Assistant General Counsel for the Chicago Board of Education’s Law Department from September 1998 until May 2004 when he joined Klein, Thorpe & Jenkins. While at the Chicago Board of Education, he oversaw the development of policies and board rules. Mr. Wall became an equity partner at Klein, Thorpe & Jenkins in 2013. He has authored numerous articles and chapters of publications produced by the firm. Mr. Wall published articles in a number of journals include representation of municipalities in civil RICO litigation, unfunded state mandates and municipalities, evidence in the age of Google Images and effective ways to prepare clients for depositions.
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