Federal Civil Rights Law Fall 2003 Professor Katherine Franke Mon., Tues. & Weds. 11:00 - 12:20 Room JG105
"You were put here to protect us, but who protects us from you? Everytime you say, "that's illegal", does it mean that it's true? Your authority's never questioned, no one questions you If I hit you, I'll be killed, if you hit me, I can sue ... You were here to protect us, but who protects us from you?"
KRS-One - "Who Protects Us From You?" on Ghetto Music: The Blueprint of Hip Hop, Boogie Down Productions
The course will provide an historical and statutory overview of federal civil rights law - with a particular emphasis on police misconduct. Class format will combine lecture and discussion, with an emphasis on discussion. A significant portion of the class will be devoted to the details of litigating under 42 U.S.C. § 1983 - a statute that provides a private right of action for violations of the U.S. Constitution or federal laws. If you plan to clerk after graduation, you will encounter § 1983 cases a great deal, and will find our work in this class very helpful.
Class attendance and participation are very important. Each student will be required to write one short (three-five pages double-spaced) paper during the course of the semester on a problem that will be distributed. There will be an in-class, open-book final examination.
Part V - National Congress for Puerto Rican Rights v. City of New York (Street Crimes Unit Case)
Materials Available in hard copy outside Professor Franke's office
Third Amended Complaint - skim Answer to Third Amended Complaint - skim Defendants' Brief on Motion to Dismiss - focus on Points II and IV Plaintiff's Opposition to Motion to Dismiss - focus on Parts I and IV Opinion and Order on Motion to Dismiss Opinion and Order Reconsidering Ruling on Motion to Dismiss
Part VI. RICO - Civil Remedies for Conspiracies to Deprive Rights
21. Materials Available in hard copy outside Professor Franke's office
Text of 18 U.S.C. §§ 1962 and 1964 - Civil RICO statute Complaint in Guerrero v. Gates
For class on the 15th, please read the statute and complaint above, and then:
outline the plaintiff's causes of action and;
prepare an outline of what you anticipate will be the defendants' defenses, if not, the basis of their motions to dismiss.
22.Guerrero v. Gates - materials available outside Professor Franke's office
Defendants' Motion to Dismiss Plaintiffs' Opposition to Motion to Dismiss Two Orders on Motion to Dismiss
23. Trevino I, San Pedro Hotel, and Navarro - materials available outside Professor Franke's office