Getting to the Merits in Section 1983 Claims: Overcoming Immunities and the Heck Bar (2025 Edition)

Richard Dvorak
Richard Dvorak
Dvorak Law Offices, LLC

Richard Dvorak is an accomplished appellate attorney, obtaining civil-rights victories in appellate courts in Illinois, as well as the Seventh Circuit Court of Appeals. Mr. Dvorak is the former Director of the Prisoners' Rights Project at Northern Illinois University in DeKalb, Illinois.

Kian Hudson
Kian Hudson
Barnes & Thornburg LLP

Kian assists clients throughout the litigation process. At the outset of cases, he works to spot issues and arguments other lawyers may miss, and as cases proceed, he provides clients with clear and compelling dispositive motions and appellate briefs.

On-Demand: February 13, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

Session I – Understanding Absolute Immunity in Civil Rights Cases – Richard Dvorak

This session provides a comprehensive analysis of civil rights immunities, focusing on the fundamental defenses of qualified immunity and absolute immunity. While qualified immunity is widely discussed, this session emphasizes the often-overlooked area of absolute immunity, exploring its origins, statutory underpinnings (or lack thereof), and practical implications in civil rights litigation.

Participants will gain insights into which governmental actors—such as prosecutors, judges, and other officials—are eligible to invoke these defenses. The session will also delve into the functional approach used by courts to determine when absolute immunity is applicable, distinguishing it from the more constrained doctrine of qualified immunity.

Key topics to be discussed:

  • Foundations of civil rights immunities
  • Governmental actors eligible for immunity
  • The functional approach to immunity

Session II - The Heck v. Humphrey Favorable Termination Rule – Kian Hudson

In Heck v. Humphrey, the Supreme Court held that “in order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus.” In the three decades since Heck, the lower courts have developed an intricate (and sometimes conflicting) set of rules regarding which sorts of Section 1983 claims are subject to Heck’s “favorable termination” requirement, and how this requirement can be satisfied. This session will cover these rules and will explain how these decisions interact with statute-of-limitations issues.

Key topics to be discussed:

  • Common law and statutory justifications for the Heck favorable termination rule
  • Which claims are subject to the Heck bar
  • How Section 1983 plaintiffs can demonstrate “favorable termination”
  • Why statute-of-limitations considerations sometimes encourage Section 1983 plaintiffs to argue that the Heck bar does apply to their claims

Closed-captioning available

Speakers

Richard Dvorak_FedBarRichard Dvorak | Dvorak Law Offices, LLC

Richard Dvorak concentrates his practice on Plaintiff’s civil rights litigation. He has been practicing in this area of law for over 25 years and has obtained several multi-million-dollar verdicts and settlements. Mr. Dvorak also is an accomplished appellate attorney, obtaining civil-rights victories in appellate courts in Illinois, as well as the Seventh Circuit Court of Appeals. Mr. Dvorak is the former Director of the Prisoners’ Rights Project at Northern Illinois University in DeKalb, Illinois.

Mr. Dvorak is a frequent speaker in the area of civil rights litigation. He obtained his J.D. degree in 1999 from DePaul University in Chicago, and his BA degree in 1993 from the University of Wisconsin in Madison. He is the author of several publications, including a law review article published in the Michigan Journal of Race & Law, 5 Mich. J. Race & L. 611 (2000), titled “Cracking the Code: ‘De-Coding’ Colorblind Slurs During the Congressional Cocaine Debates,” an article cited by several federal courts that have addressed the racist history behind drug laws in general, and the crack-cocaine laws in particular.

 

Kian-Hudson_Barnes-Thornburg-LLP_myLawCLEKian Hudson | Barnes & Thornburg LLP

Skilled at case strategy, brief writing, and oral advocacy, Kian Hudson is a consummate appellate lawyer. Clients rely on him to identify, frame, and present the arguments that will be most persuasive to the judges considering their cases, to the end of maximizing the potential for a beneficial outcome

Kian assists clients throughout the litigation process. At the outset of cases, he works to spot issues and arguments other lawyers may miss, and as cases proceed, he provides clients with clear and compelling dispositive motions and appellate briefs – including, if necessary, cert-stage and merits-stage briefing before the U.S. Supreme Court.

Prior to joining the firm, Kian was deputy solicitor general for the state of Indiana, where he led the state’s efforts in scores of high-stakes and high profile cases. In that role, he drafted nearly one hundred party and amicus briefs filed in the U.S. Supreme Court, multiple federal circuit courts, and the Indiana Supreme Court.

Kian has presented 10 oral arguments in the U.S. Courts of Appeals for the Fourth and Seventh Circuits and the Indiana Supreme Court, including a winning en banc Seventh Circuit argument that resulted in a significant decision rejecting a constitutional challenge to Indiana’s sex offender registry.

A prolific writer, Kian keeps his skills sharp by penning essays for a variety of legal and non-legal publications, including Res Gestae, National Affairs, The Bulwark, The Public Interest, Law & Liberty, and FedSoc Blog.

Agenda

Session I – Understanding Absolute Immunity in Civil Rights Cases | 2:00pm – 3:00pm

  • Foundations of civil rights immunities
  • Governmental actors eligible for immunity
  • The functional approach to immunity

Break | 3:00pm – 3:10pm

Session II – The Heck v. Humphrey Favorable Termination Rule | 3:10pm – 4:10pm

  • Common law and statutory justifications for the Heck favorable termination rule
  • Which claims are subject to the Heck bar
  • How Section 1983 plaintiffs can demonstrate “favorable termination”
  • Why statute-of-limitations considerations sometimes encourage Section 1983 plaintiffs to argue that the Heck bar does apply to their claims

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Approved for Self-Study Credits
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Approved for Self-Study Credits
2.5 General

Oregon

Approved for Self-Study Credits
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Approved for Self-Study Credits
2.4 General

Wyoming

Pending CLE Approval
2 General

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