IMLA

Municipal Liability Claims under 42 USC 1983 – Issues and Concerns
2017-03-01 13:00 (America/New_York)
Municipal Liability Claims under 42 USC 1983 – Issues and Concerns
“Deliberate Indifference” as a Workable Standard of Conduct for Municipal Liability – Canton v. Harris and its offspring, Canton, Bryan County, and Connick….
Single Incident Monell Liability Threatens to Create Strict Liability in 42 USC 1983 Litigation
• Circuit Court split.
• Expert evidence / testimony can substitute for the policy, pattern or practice, or custom.
How can a personal standard of conduct “deliberate indifference” be superimposed on a municipality in the first place?
Does Los Angeles v. Heller really mean that if there is no individual constitutional violation on the part of the municipality’s employees, then there can be no “municipal” liability under the applicable constitutional standard.
• The “collective conscience” theory of liability.
• Circuit Court split.
How does the 14th Amendment “substitute” for the Eighth Amendment in pre-trial detainee claims against municipalities for failure to protect and conditions of confinement litigation in correctional facilities / jails, etc.
• Traditionally 42 USC 1983 has to be tethered to a “bill of rights” violation, first, fourth, eighth amendment, which have built in standards; 14th amendment is not such a “right” in and of itself.
• State tort law usually serves as the anchor point; 14th amendment claim has no such tether to 42 USC 1983 (so, where’s the tort?)
How can a personal standard of conduct “deliberate indifference” be superimposed on a municipality in the first place?
Individual standards changing, see Kingsley (Roberts statement); Costa coming back up?
• What about subjective / objective after Kingsley
• Fourth Amendment or Fourteenth – failure to protect / excessive force claims and the problem with imposing liability in the correctional environment.
• Is it “clearly established” right, duty, or law? Clearly established and qualified immunity.
• Municipal jails cannot serve as surrogates for mental health treatment facilities.
Speaker: Carson J. Tucker
2017 Distance Learning

Office Management
2017-02-27 13:00
Speaker: Foster Mills
2017 Distance Learning

SMART- San Diego Misdemeanants At-Risk Track
2017-02-22 13:00
SMART- San Diego Misdemeanants At-Risk Track
The SMART pilot program is designed to address low-level misdemeanor offenders who repeatedly cycle through the criminal justice system committing drug and quality of life offenses. These repeat offenders often have no access to services, coordination of care, or meaningful incentives to engage with social service providers. The goal of the SMART program is to safely divert chronic misdemeanor offenders, particularly those who are otherwise resistant to intervention, to a case manager, individualized treatment, and tailored housing placement. It is a collaborative effort between the San Diego City Attorney’s Office, the San Diego Police Department (SDPD), and the San Diego County Sheriff’s Office.
Speakers: Lara Easton, Chief Deputy City Attorney, San Diego &Natasha Robertson, Deputy City Attorney, San Diego
2017 Distance Learning

Land Use
2017-02-13 13:00
2017 Distance Learning

Personnel
2017-02-08 13:00
Speakers: Roberta “Robin” Cross
2017 Distance Learning

New Government Lawyers Series Parliamentary Procedure
2017-02-01 13:00
New Government Lawyers Series Parliamentary Procedure
Municipal and county governing boards are often populated with well-meaning public servants who have little or no understanding of parliamentary procedure. Consequently, they may conduct their meetings informally, applying procedural rules loosely and perhaps even inconsistently. This “down-home” approach might appear to work well when the board is dealing with noncontroversial matters. Yet when controversy arises – and it always does – the result can be multiple motions made in rapid succession and members who are confused about what they are being asked to vote on. In such situations, the presiding officer is likely to seek the advice of counsel. This presentation will arm local government attorneys with basic principles of parliamentary procedure, examine the legal sources of those principles, and review common procedural problems.
Speakers: Norma Houston & Trey Allen
2017 Distance Learning

Ethics and Responsibility for New Government Attorneys Part II
2017-01-24 13:00
Intended primarily for young attorneys and those new to municipal law, this presentation provides an overview of laws and rules related to ethics and professional responsibility.
Speakers: Marc P. Hansen & Charles W. Thompson, Jr.
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The Year in Review
2017-01-09 13:00
The Year in Review
While you were messing around last year, paying no attention to the most recent, important statutory and case law developments, our panel of national experts had their noses to their computer monitors and yanked every relevant Tweet off their smartphones. You can have the benefit of their collective knowledge by dialing in to this kickoff session of our annual land-use law teleconference series and getting the highlights of the past year in a way that will help you in 2017.
Speakers: Dwight H. Merriam & Daniel R. Mandelker
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Drones and Drone Licensing Update
2016-12-15 13:00
Drones and Drone Licensing Update
Dr. Gregory S. McNeal will share updates from the FAA’s new rules for flight over people, check in on Part 107’s first six months, and preview the regulatory updates to come in 2017. How will the regulatory landscape shift in the coming year? What is the FAA saying about local drone ordinances and federal preemption?
Speaker: Gregory McNeal
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Show Me the Money – Real Estate Financing
2016-12-14 13:00
Extension on the June 13th Webinar: Land Use – L6
Show Me the Money – Real Estate Financing
FREE*
This free, one-hour presentation will focus on the advantages of public finance to incentivize private development with Public-Private Partnerships (P3).
Speakers: Arthur C. Nelson, Dwight Merriam & Dan Mandelker
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Disparate Impact Liability and the Fair Housing Act
2016-12-12 13:00
The U.S. Supreme Court’s 2015 decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project brought clarity to the question of whether disparate impact liability exists under the Fair Housing Act. Disparate impact looks at discriminatory effects of facially-neutral policies and practices, including zoning laws. In upholding the use of disparate impact, the Supreme Court kept intact one of three ways that local governments can be held liable under the Fair Housing Act, but with some important limitations. This program will review the Inclusive Communities Project case and outcome, and will talk about its implications for local governments.
Speakers: Dwight Merriam, Dan Mandelker & Brian Connolly.
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Ethics and Professional Responsibility for New Government Attorneys
2016-12-05 13:00 - 14:00
December 5- Ethics and Professional Responsibility for New Government Attorneys
Intended primarily for young attorneys and those new to municipal law, this presentation provides an overview of laws and rules related to ethics and professional responsibility.
Speakers: Marc Hansen & Chuck Thompson
Register Now!
