Civil Rights Litigation

Professor Chaney’s section: This course will explore the practical, conceptual and procedural mechanics of civil rights practice through mock litigation of one or more simulated case studies. Students will engage the stages of litigation, including claim and defense development, preparing and answering pleadings, crafting written discovery, conducting effective depositions, and presenting oral argument, while exploring the nuanced issues that arise in civil rights practice, including client management, dealing with client and personal trauma and triggers, establishing noneconomic harm, and collaborative practice.
Professor Steinberg’s section: This course examines how civil rights lawyers use federal civil rights litigation to address contemporary social problems. Students will develop and litigate a simulated case based on an actual controversy in Detroit where police officers “removed” unhoused individuals from tourist-friendly areas against their will. Students will gain experience in client interviewing, public records requests, writing demand letters, drafting complaints, responding to motions to dismiss, oral argument, depositions, and negotiations. They will also learn how to overcome the many procedural obstacles to justice posed by 42 U.S.C. section 1983 and explore the ethical issues faced by public interest lawyers when representing clients in civil rights cases. The course will emphasize how litigation can be most effective in achieving social change when it is a part of an “integrated advocacy” campaign that includes public education, legislation, and/or community action.