Constitutional Litigation Practicum

Professor Nancy Leong

Professor Qusair Mohamedbhai
Spring 2014
Wednesdays 2:45-5:15 PM
4 Credits
Contact Information
Professor Leong
Email: nleong@law.du.edu
Phone: (650) 814-9418
Professor Mohamedbhai
Email: qm@rmlawyers.com
Phone: (303) 578-4400
Course Materials
There is no assigned casebook or course pack. You must obtain the assigned cases from Westlaw,
LexisNexis, or another publicly available source and read them (either electronically or in print form)
prior to class for which they are listed. Materials related to the experiential component of the course will
be provided during the semester.
Office Hours
We schedule office hours by appointment.
Grading
Your grade will be based on your performance on four simulated exercises (total of 70% of final grade)
and a 60 minute final exam (30% of final grade) as follows:

Taking deposition and defending deposition: 25% total

Draft motion for summary judgment: 5%
Final motion for summary judgment: 25%
Oral argument: 15%
Final exam: 30%

Attendance and Participation

Attendance and participation are required at all classes except in extraordinary circumstances. Examples
of extraordinary circumstances include a serious illness or a death in your immediate family. Assignments
for other classes, extracurricular activities, non-urgent medical appointments, and routine family
commitments are not extraordinary circumstancesthey are issues that you must schedule around for this
class just as you do in practice. Any absence other than one resulting from extraordinary circumstances
will affect your grade. Any student who misses more than two classes will not be permitted to take the
final exam.

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Class Date
1
01/14

Content
Introduction:
Course Content and Explanation [NL & QM]
Student Pairings and Client Pairings [NL & QM]
Substantive:
Introduction and Overview of Enforcing the Constitution [NL]
State Sovereign Immunity and the Eleventh Amendment [NL]
42 U.S.C. 1983 [NL]
Reading Assignment:
Chisholm v. Georgia, 2 U.S. 419 (1793)
Alden v. Maine, 527 U.S. 706 (1999)
42 U.S.C. 1983
Monell v. Dept of Social Services, 436 U.S. 658 (1978)

01/17

*** Super Saturday ***

Skills:
Depositions: An Overview [QM & Guests]

01/21

Substantive:
Absolute Immunity [NL]
Qualified Immunity [NL & QM]
Introduction to the Fact Pattern [NL & QM]
Guest:
Transitioning Successfully from Law School to Civil Rights Practice: What You
Should Be Doing Now [Aaron Belzer]

01/28

Assignment Due:
Stump v. Sparkman, 435 U.S. 349 (1978)
Connick v. Thompson, 131 S. Ct. 1350 (2011)
Radley Balko, Seventh Circuit Pokes a Hole in Prosecutorial Immunity, Washington
Post, Jan. 30, 2014
Harlow v. Fitzgerald, 457 U.S. 800 (1981)
Saucier v. Katz, 533 U.S. 194 (2001)
Pearson v. Callahan, 129 S. Ct. 808 (2009)
Substantive:
Qualified Immunity [NL & QM]
First and Fourth Amendment Litigation [NL & QM]
Skills:
Fact Pattern Analysis [QM]
Defending depositions and Client Preparation [Siddhartha Rathod & Sean T. Olson]
Reading Assignment:
Mitchell v. Forsyth, 472 U.S. 511 (1985)
Johnson v. Jones, 515 U.S. 304 (1995)
Shroff v. Spellman, 604 F.3d 1179 (10th Cir. 2010)

v.1.0 January 2015

02/04

*** Deposition Preparation Week ***

No class. During this week, student groups will meet with their client to prepare
them for their upcoming depositions.

02/11

Substantive:
Indemnification [NL]
Governmental Liability [NL]
Civil Procedure Dispositive Motions [QM]
Skills:
Objections and Exhibit Usage in a Deposition [QM]
Notices of Deposition and Subpoena Duces Tecum [QM]
Guest:
Hindsight is 20/20 Making a Life or Death Split Second Decision [Commander
Paul Pazen, Denver Police Department]
Reading Assignment:
Monell v. Dept of Social Services, 436 U.S. 658 (1978) (reread)
Karen M. Blum, Making Out the Monell Claim Under Section 1983, 25 TOURO L.
REV. 829 (2009)
Joanna Schwartz, Police Indemnification, 89 N.Y.U. L. REV. 885 (2014)
Find and read Colorado public employee indemnification statute

02/18

Skills:
Common Stylistic and Grammatical Issues [NL]
Thinking like a Federal Clerk when Drafting a Motion & Response [Arash Jahanian
& Matthew Cron]
Guest:
Court Reporters and the Record [Judy Stevens, Stevens-Koenig Reporting]

02/25

*** Deposition Week ***

No class. During this week, student groups will conduct the deposition of the
opposing party, with the opposing student group defending. The defending student
group will need to prepare their witness prior to the deposition.

03/04

*** Deposition Week ***

No class. During this week, student groups will conduct the deposition of the
opposing party, with the opposing student group defending. The defending student
group will need to prepare their witness prior to the deposition.

v.1.0 January 2015

03/11 Substantive:
Motions for Summary Judgment Standard of Review, Statement of Facts and
Responses, & Argument [NL & QM]
Guest:
What Judges Look for in Written Motions and Oral Argument
Practicing in Federal Court [Judge: TBD]
Draft Motion for Summary Judgment and Response Due

03/18

03/25 Substantive:
Governmental Liability [NL & QM]

*** Spring Break ***

Guest:
Defending the Castle: Representing the Government in Civil Rights Cases [Guests and
Moderators: A panel of experienced city and county attorneys who practice in civil
rights defense.]
Skills:
Individual conferences regarding draft motions for summary judgment will be scheduled
this week.
9

04/01 Substantive:
Damages [NL & QM]
Attorneys Fees Under 42 U.S.C. 1983 [NL & QM]
Settlement [NL & QM]
Skills:
Techniques for Oral Argument [QM & Professor Justin Pidot]
Motion for Summary Judgment Due

10 04/08 Substantive:
Municipal Liability [NL & QM]
Guests:
How to Pursue a Career as a Civil Rights Litigator and Starting and Managing a Plaintiffs
Side Law Firm [David Lane, John Holland, Siddhartha Rathod, Tim Fox, Amy
Robertson]
Response to Motion for Summary Judgment Due
11 04/15

*** Oral Argument Week ***

[Arguments will be heard by a panel of judges and attorneys]

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12

04/22

TBD

v.1.0 January 2015

Substantive:
Final Exam Review [NL & QM]
*** Final Exam ***