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Schedule for 42nd Annual Section 1983 Conference: April 23-24, 2026
Below is the schedule for the upcoming Section 1983 Conference to be held at Chicago-Kent College of Law on April 23-24, 2026. For registration information, please email cle@illinoistech.edu or call 312-906-5090. We hope to see you there.
PROGRAM SCHEDULE
Day One – April 23, 2026
| 8:45 – 9:00 AM | Welcome and Introduction |
| 9:00 – 10:15 AM | The Section 1983 Claim: Basics |
| Monroe v. Pape: color of law, exhaustion of judicial remedies, and the background of tort liability Causation Important constitutional provisions “Laws” actions Heck v. Humphrey and the pending Olivier case Due process & section 1983 malicious prosecution claims | |
| Sheldon H. Nahmod, University Distinguished Professor of Law Emeritus, Chicago-Kent College of Law | |
| 10:15 – 10:30 AM | BREAK |
| 10:30 – 11:45 AM | Qualified Immunity: What’s Not Clearly Established |
| Who Has the Burden of Proof? Should a Court Address the Merits Prong When Prong Two is Dispositive? What Law Controls the Clearly-Established-Law Question? How Clear Must Clearly Established Law Be? Whatare the Roles of the Judge and Jury in Resolving QI? When is an Interlocutory Appeal Permitted & What is the Scope of Review? Do Private Actors Get Qualified Immunity? | |
| Karen M. Blum, Professor Emerita and Research Professor of Law, Suffolk University Law School | |
| 11:45 AM – 1:00 PM | LUNCH (on your own) |
| 1:00 – 2:00 PM | Substantive Due Process |
| Incorporation of the Bill of Rights Protection of non-textual rights from arbitrary legislation Protection from grossly excessive punitive damage awards Protection against abuse of power by government officials | |
| Rosalie B. Levinson, Professor of Law Emerita, Valparaiso University School of Law | |
| 2:00 – 2:15 PM | BREAK |
| 2:15 – 3:30 PM | Procedural Defenses: Limitations, Preclusions and Wrongful Death |
| Limitations: Section 1988, choosing the proper limitations period, accrual, and tolling Preclusion: Section 1738 and the effect of prior state criminal and civil proceedings Survival and wrongful death: the differences between survival and wrongful death Section 1988 and inconsistency | |
| Sheldon H. Nahmod, University Distinguished Professor of Law Emeritus, Chicago-Kent College of Law | |
| 3:30 – 3:45 PM | BREAK |
| 3:45 – 5:00 PM | The Supreme Court’s Current and Forthcoming Terms |
| A review of major Supreme Court cases from October Term 2024 and October Term 2025 that relate to Section 1983 litigation. This includes cases about exhaustion requirements, availability of attorney fees, use of Section 1983 to enforce federal legislation, excessive police force, and cases involving the First and Fourth Amendments. | |
| Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law University of California Berkeley School of Law | |
| 5:00 – 6:00 PM | RECEPTION |
Day Two – April 24, 2026
| 9:00 – 10:15 AM | The Internet Meets Section 1983 |
| Constitutional issues in Supreme Court cases relating to the Internet – Internet gets full First Amendment protection Social media as “core” speech Section 230 issues Conduct of government officials online State regulation of the Internet, like platform moderation statutes and age verification Laws Hot issues on the horizon | |
| Gerald M. Birnberg, Adjunct Professor of Law, South Texas College of Law | |
| 10:15 – 10:30 AM | BREAK |
| 10:30– 11:45 AM | Up and Down the Bureaucratic Pyramid: Litigating Section 1983 Cases against Municipalities |
| Theories of Municipal Liability Policy, Practice, and Indifference Hiring & Discipline Section 1983 Immunities Damages & Indemnification | |
| Teri Ravenell, Associate Dean of Faculty Research & Development, Professor of Law, Villanova University | |
| 11:45 AM – 1:00 PM | LUNCH (on your own) |
| 1:00 – 2:15 PM | Section 1983 Remedies: Damages and Prospective Relief |
| Section 1983 litigation has given rise to a number of interesting questions associated with remedies. In this session, the speaker will discuss compensatory and punitive damages, as well as issues related to injunctive relief. | |
| Noah Smith-Drelich, Assistant Professor of Law, Chicago-Kent College of Law | |
| 2:15 – 2:30 PM | BREAK |
| 2:30 – 3:45 PM | The Fourth Amendment |
| David Owens, Director, Civil Rights & Justice Clinic and Assistant Professor of Law, School of Law, University of Washington | |
| 3:45 PM | END OF CONFERENCE |
Nahmod Law 