LAW-4004 Civil Rights Litigation: Police Misconduct
This course teaches how police misconduct cases work in the real world. It gives students the chance to sharpen their skills writing briefs and arguing motions. It also asks them to have hard discussions about what it means to hold police accountable under civil rights law.The law of police misconduct grew out of real-life injustices. A Chicago family was pulled from bed by officers who tore their home apart. Freedom Riders were arrested in a Mississippi bus terminal. Students were shot on an Ohio college campus. A fifteen-year-old was shot as he ran from a burglary. A grandfather was killed on the floor of his own Massachusetts home during a police raid.We start with those events. Each class is built around one landmark case. Each case is paired with a song, film, documentary, or piece of journalism from the time and place that produced it. Before we read what a court decided, we will ask what the world looked like to the people involved: what kind of place it was, how policing worked, and how the dispute ended up in court.From there, students learn the mechanics of a civil rights lawsuit under 42 U.S.C. § 1983. They will learn who can be sued, what a plaintiff has to prove, why so many claims fail, and what it takes to win. Several cases come from Massachusetts and the First Circuit, where many students will practice.Students will make oral arguments, write memos, and draft briefs, with regular feedback on each. They will be asked to argue both sides of hard questions, whatever their personal views. A final brief is required. By the end, students should understand what it takes to sue the police, or to defend them.
Offered
Spring