June 10, 2011
9:00 A.M. TO 3:00 P.M.
UNITED STATES DISTRICT COURTHOUSE
750 MISSOURI AVE. EAST ST. LOUIS, ILL (JURY ASSEMBLY ROOM)

Attendance is free. Buffet lunch is free.
Application for Five MCLE hours is being made.
IMPORTANT: Please RSVP to Jim Chapman at JamesPChapman@aol.com

On June 10, 2011 James Chapman will conduct a five hour seminar on Federal Prisoner Civil Rights Litigation at the Federal Court in East St. Louis, IL. Mr. Chapman is a consultant and advisor to attorneys appointed by the Federal Courts in Chicago and East St. Louis, Illinois to represent prisoners who have filed law suits in those courts dealing with their conditions of confinement more .

Please join us for an intensive seminar on these difficult but important civil actions. There will be detailed, interactive discussions that will permit you to obtain a firm grasp of these actions and to ask questions as the seminar proceeds.

Understanding how to present prisoner claims will help in other types of litigation-from commercial to injury and criminal. Prisoners represent the “crippled client,” one who most often has serious felony conviction(s) or is waiting trial on such charges. How do you develop credible proof from sources other than your own client or other prisoner witnesses who suffer the same disability? Translate this scenario from the intoxicated injured plaintiff to the business defendant with an earlier fraud conviction and you get the picture!

Here are topics that will be discussed, based on a single hypothetical fact situation:

  • developing credible proof based on circumstantial evidence, by cross-examination of prison personnel and from the prison’s own documents
  • amended complaints in light of the Supreme Court’s heightened pleading requirements in Twombley
  • meeting the hurdle of the client’s alleged failure to exhaust administrative remedies under the Prisoner Litigation Reform Act and the Seventh Circuit’s Pavey hearing requirements
  • responding to motions to dismiss and the always filed motions for summary judgement
  • the need for expert witnesses and locating them
  • defendant immunity claims

The most frequent types of prisoner litigation will be treated in detail:

1. Assaults by other prisoners

2. Assaults by correctional officers

3. Failure to protect prisoners from assault by other prisoners

4. Medical claims(a) failure to provide medical care b) improper medical treatment

5. Retaliatory actions by prison officials against prisoners

6. Freedom of speech, religion [First Amendment Claims]