Techniques and Tactics for Defending Claims Brought Under 42 ...

Young Lawyers Track
1983 101: Techniques and Tactics for Defending Claims Brought Under 42 U.S.C. 1983.
Co-Sponsored by the Young Lawyers Division
Moderator:
Speakers:
Grant C. Wright, Esq.
Rawle & Henderson, LLP (Marlton)
Mark M. Roselli, Esq.
Roselli Griegel Loaier & Lazzaro, P.C. (Hamilton Square)
James Uliano, Esq.
Chamlin, Rosen, Uliano & Witherington (West Long Branch)
Tracie Hinson, Esq.
Szaferman, Lakind, Blumstein & Blader, P.C. (Lawrenceville)
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substitute for the professional services an attorney would normally provide to a client, including
up to the minute legal research.

I. Responsive Pleadings and Dispositive Motions (15 Mins)
a. 12(b)(6)
i. Standing
ii. Ripeness/Exhaustion of Remedies (JJ re: ripeness)
iii. Failure to allege violation of constitutional right.
1. Discovery cannot commence unless a violation of an established right is
alleged.
iv. Failure to allege person acted under “color of law.” (JJ and Tracey)
v. Policy and Practice
1. If the policy or practice giving rise to the alleged harm is changed or
eradicated pre-notice (Tort Claims Act), is there still a cause of action?
(Mark)
2. What about post-notice and pre-filing? (Mark)
vi. Heightened pleading requirement under 1983?
1. FRCP 8
2. Twombly, 127 S.Ct. 1955
3. Iqbal 490 F.3d 143
vii. 11 th Amendment (All; Mark – Federal, JJ – Local/Municipal, Tracey – Private
actors in state roles)
viii. Qualified Immunity (All) (10 Mins)
1. Federal body v. state body v. municipal body (JJ)
2. Saucier, 538 F.3d 229
3. Deliberate Indifference (Mark)
a. SOM necessary of state actor.
b. Necessary for liability against a municipality.
c. Actions must shock the conscience.
4. Personal v. Official Capacity of defendants. (Tracey)
5. Question of law, not fact.
6. Immunity from suit v. Immunity from liability.
ix. Absolute Immunity (JJ)
x. Notice (Tort Claims Act) (Mark)
xi. Claim/Issue Preclusion (Tracey) (5 Mins)
b. MSJ
i. Can be raised both before and after discovery per FRCP 56(c).
c. Interlocutory appeals
II. State-created danger (Grant) (4 Mins)
a. Kneipp – 95 F.3d 1199
b. 4 elements
i. Harm was foreseeable and fairly direct.
ii. State of mind must chock the conscience.

iii. The relationship between the state and the plaintiff was such that plaintiff was a
foreseeable victim of defendant’s acts, or a member of a discrete class subject
to potential harm from the state’s action.
iv. State actor affirmatively used his or her authority in a way that created the
danger to the person, or which heightened the danger.
III. Abstention Doctrines in 1983 (Grant) (5 at most – mentioning topics and giving citations)
a. Pullman, 312 US 496
b. Burford, 319 US 315
c. Younger, 401 US 37
d. Colorado River, 424 US 800
IV. Remedies (15 Mins)
a. Full range of common law remedies
b. Compensatory damages (All)
i. General, Special or Nominal
c. Punitive damages (All)
i. Available under 1983.
ii. Conduct must be at least reckless.
iii. Personal v. official capacity (Tracey)
iv. Local Immunity (JJ)
v. Where nominal damages are awarded, can there be punitive damages
awarded? (Mark)
V. Injunctive Relief
VI. Declaratory Relief (Tracey)
VII. Counsel Fees (All) (10 mins)
VIII. PLRA (Mark) (10 Mins)
IX. Discovery Tactics/Practices (All) (15 Mins)

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS
SUBCHAPTER I - GENERALLY
-HEAD-
Sec. 1983. Civil action for deprivation of rights
-STATUTE-
Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State or Territory or the
District of Columbia, subjects, or causes to be subjected, any
citizen of the United States or other person within the
jurisdiction thereof to the deprivation of any rights, privileges,
or immunities secured by the Constitution and laws, shall be liable
to the party injured in an action at law, suit in equity, or other
proper proceeding for redress, except that in any action brought
against a judicial officer for an act or omission taken in such
officer's judicial capacity, injunctive relief shall not be granted
unless a declaratory decree was violated or declaratory relief was
unavailable. For the purposes of this section, any Act of Congress
applicable exclusively to the District of Columbia shall be
considered to be a statute of the District of Columbia.
-SOURCE-
(R.S. Sec. 1979; Pub. L. 96-170, Sec. 1, Dec. 29, 1979, 93 Stat.
1284; Pub. L. 104-317, title III, Sec. 309(c), Oct. 19, 1996, 110
Stat. 3853.)
-COD-
CODIFICATION
R.S. Sec. 1979 derived from act Apr. 20, 1871, ch. 22, Sec. 1, 17
Stat. 13.
Section was formerly classified to section 43 of Title 8, Aliens
and Nationality.
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-317 inserted before period at end of first
sentence ", except that in any action brought against a judicial
officer for an act or omission taken in such officer's judicial
capacity, injunctive relief shall not be granted unless a
declaratory decree was violated or declaratory relief was
unavailable".
1979 - Pub. L. 96-170 inserted "or the District of Columbia"
after "Territory", and provisions relating to Acts of Congress
applicable solely to the District of Columbia.
-End-
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-170 applicable with respect to any
deprivation of rights, privileges, or immunities secured by the
Constitution and laws occurring after Dec. 29, 1979, see section 3
of Pub. L. 96-170, set out as a note under section 1343 of Title
28, Judiciary and Judicial Procedure.

Rawle & Henderson LLP: Grant C. Wright
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Grant C. Wright
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Philadelphia
Tel (215) 575-4354
Fax (215) 563-2583
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BIO
Grant C. Wright is an associate in the firm's Philadelphia office. Mr. Wright concentrates his practice in the
area of commercial motor vehicle defense.
Grant received his LL.M. in Trial Advocacy from Temple University, Beasley School of Law, in 2010. He earned
his J.D. from Hofstra University in 2005 and his B.S. from Virginia Commonwealth University in 2001. He
served a judicial clerkship with the New Jersey Superior Court in 2005. Mr. Wright then served as assistant
outside counsel to the Office of the Attorney General of the State of New Jersey. In that capacity he assisted in
defending the State before the U.S. District Court of New Jersey and the Third Circuit Court of Appeals in
litigation brought pursuant to 42 U.S.C. s.1983 and 42 U.S.C. s.1997e.
Mr. Wright is admitted to practice in Pennsylvania, New Jersey and New York.
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Szaferman Lakind Blumstein & Blader, P.C.
Tracey C. Hinson
Associate
Serious Injuries, Wrongful Death, Unsafe Premises
Phone: 609.275.0400
Fax: 609.275.4511
101 Grovers Mill Road, Suite 200
Lawrenceville, NJ
08648
Tracey C. Hinson joined the firm after six years as a Deputy Attorney General (DAG) with the Office of the
Attorney General in the Tort Litigation and General Education Sections. Tracey has significant experience
representing clients before State, Appellate, Federal and Administrative Courts. She focuses on general
litigation and representing injured parties with serious and catastrophic injuries, wrongful death, medical
malpractice, legal malpractice, employment discrimination and civil rights violation. She has significant
experience litigating claims against the goverenment and public entities pursuant to Title 59 and Section 1983
on behalf of injured parties. She also provides representation to entities who are sued persuant to Title 59.
As a former DAG, Tracey defended the State, its agencies and employees before Federal, State, and
Administrative Courts in a variety of personal injury cases brought pursuant to the New Jersey Tort Claims
Act (Title 59). Tracey also defended the State against claims brought pursuant to the Federal Employer’s
Liability Act (FELA), and civil rights violation claims brought pursuant to the United States Constitution and

the New Jersey Civil Rights Act. Tracey defended the interests of the Commissioner of Education and the
State Board of Education in education related matters such as the Abbott v. Burke litigation and teachers’
license revocation proceedings.
Tracey clerked for the Honorable Dennis J. Braithwaite, NJ Superior Court – Appellate Division, Atlantic
City, and was a judicial intern for the Honorable Ronald Hedges, U. S. Magistrate, Newark.
A member of the New Jersey Bar since 2002, Tracey serves as a civil arbitrator for the Mercer County
Superior Court. She was appointed to serve on the Supreme Court of New Jersey, District Free Arbitration
Committee for Middlesex County.
Areas of Practice:
Serious injuries
Wrongful Death
Unsafe Premises
Medical Malpractice
Automobile Accident
Professional Negligence
Defective Products
Employment Discrimination
Education:
Rutgers School of Law Newark Juris Doctor 2002
Rutgers University, Newark, N.J.- B.S 1999
Bar Admissions:
New Jersey State Bar – 2002
New York State Bar – 2005
U.S. District Court – District of New Jersey 2003
Professional Associations and Memberships:
New Jersey State Bar Association
American Association for Justice
The Association of Black Women Lawyers
Garden State Bar Association

MARK M. ROSELLI, ESQ. «
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MARK M. ROSELLI, ESQ.
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Mark M. Roselli, Esq. focuses his practice upon municipal law, government representation and
land use. He has served, and continues to serve, as municipal attorney, planning board attorney
and special counsel for municipalities in multiple counties in the State of New Jersey. He is
outside litigation counsel for the Office of the Attorney General for the State of New Jersey. In that
capacity he has operated as lead counsel for one of the state’s largest civil rights lawsuits. Mr.
Roselli is experienced in government affairs, municipal government law, election law, public
contract negotiations, land use applications, land use litigation and appeals, real estate
development and civil rights. He is an experienced trial attorney and has argued successfully
before the United States Court of Appeals, Third Circuit. He has served as a committeeman and
Mayor of Bordentown Township in Burlington County. Prior to his own political career, he was
the campaign manager, general counsel and policy director for U.S. House of Representatives
Christopher H. Smith (N.J.).
Mr. Roselli obtained his Juris Doctor from Villanova University School of Law in 1988. He
graduated Summa Cum Laude from Widener University in 1985. He is licensed to practice in New
Jersey state courts, the United States District Court of New Jersey and the United States Court of
Appeals, Third Circuit.
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Red Bank, NJ Criminal Lawyer :: James J. Uliano :: Monmouth County, New Jersey Injury Attorney
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An associate in the law firm of Chamlin, Rosen, Uliano, & Witherington since 2008, James J. Uliano practices
in the Litigation Department handling Criminal Law matters in Municipal Court as well as Superior Court. Mr.
Uliano is also involved in Personal Injury litigation and Worker’s Compensation.
Prior to joining the firm, Mr. Uliano served as law clerk to The Honorable Lawrence M. Lawson, the
Assignment Judge of the Monmouth Vicinage of the Superior Court of New Jersey. He is very active among
his peers as well. He currently serves as Co-Chair for the Young Lawyers Division of the Monmouth Bar
Association, and also serves on both the Criminal Practice Committee and the Entertainment Committee.
Mr. Uliano received his Juris Doctorate degree from Seton Hall University School of Law and is licensed to
practice law in New Jersey. Mr. Uliano also passed the New York Bar Examination and is pending admission
to the practice law in the State of New York.
EDUCATION
J.D., Seton Hall University School of Law, 2007
B.A. in History and American Studies, Fairfield University, 2004
Phi Alpha Theta – History Honor Society
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New Jersey, 2007
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New Jersey State Bar Association
Member Since: 2008
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Member Since: 2006
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Member Since: 2008
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Member Since: 2009
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