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Making a Federal Case of IT: The Basics of Section 1983 Litigation [Pt. 1] (Presented by the Federal Bar Association’s Constitutional & Civil Rights Law Section and the Federal Judicial Law Clerk Committee)

Section 1983 is the workhorse of federal civil rights litigation — and required knowledge for clerks and new civil litigators. Learn the commonly brought claims, who may sue and be sued, individual versus official capacity, the anatomy of a 1983 claim, and pleading requirements.

2026-12-09 14:00:00

1 hours

2026-12-09 14:00:00

1 hours

Program Details

2026-12-09 14:00:00

Program Details

2026-12-09 14:00:00

Over 1,000+ webinars

2026-12-09 14:00:00

1 hours

Course Overview

Before you can decide a 1983 case — or plead one — you have to know its anatomy

2026-12-09 14:00:00

The Constitutional & Civil Rights Law Section and the Federal Judicial Law Clerk Committee present this two-part series designed to give current clerks and new civil litigators the basics of federal civil rights claims and defenses. Panel I pairs Eric Foley of the MacArthur Justice Center with Kyle Kaiser of the Utah Attorney General’s Office — plaintiff-side and government-defense perspectives on the same claims.

The hour builds the claim from the ground up. The federal civil rights claims landscape, with a focus on Section 1983 and a brief tour of Bivens, education, housing, and disability rights claims. The anatomy of a 1983 claim. The constitutional rights most commonly asserted. And the pleading requirements a complaint must meet.

Attendees leave knowing who may bring a Section 1983 claim and against whom — including who qualifies as a “person” — the difference between individual- and official-capacity claims and the relief available for each, with resources and Q&A to close. Panel II, on December 16, takes up immunities, common defenses, and how plaintiffs can avoid dismissal.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
The Federal Civil Rights Landscape
Commonly brought federal civil rights claims, focusing on Section 1983 with a brief discussion of Bivens, education, housing, and disability rights claims — Title IX, the Fair Housing Act, the ADA, Titles VI & VII, and Section 1985 conspiracy claims.
02
Who Can Sue — and Who Can Be Sued
Who may bring a Section 1983 claim and against whom, including who qualifies as a “person” for purposes of Section 1983.
03
Individual vs. Official Capacity
The distinction between individual- and official-capacity claims, and what relief is available for each.
04
Anatomy of a 1983 Claim
The elements of a Section 1983 claim and the constitutional rights most commonly asserted.
05
Pleading Requirements
What a federal civil rights complaint must allege.
06
Resources for Clerks and New Litigators
Practical resources for current clerks and new civil litigators, closing with Q&A.

Program schedule

clock 2:00 pm - 3:00 pm EST

SESSION 1 - Making a Federal Case of IT: The Basics of Section 1983 Litigation (Pt. 1) (Presented by the Federal Bar Association’s Constitutional & Civil Rights Law Section and the Federal Judicial Law Clerk Committee)

Join the Constitutional & Civil Rights Law Section and the Federal Judicial Law Clerk Committee for this two-part series designed to provide current clerks and new civil litigators with the basics of federal Civil Rights Claims and defenses. Part One of this two-part series will cover commonly brought federal civil rights claims, with a focus on Section 1983 and a brief discussion of Bivens claims, as well as Education, Housing, and Disability Rights claims (Title IX, the Fair Housing Act, ADA, Title VI & VII, and Section 1985 conspiracy claims). The program will also address who may bring a Section 1983 claim and against whom, including who qualifies as a “person” under Section 1983, as well as the distinction between individual- and official-capacity claims and the relief available for each.

Eric FoleyEric Foley
Kyle KaiserKyle Kaiser
Eric Foley

Eric Foley

MacArthur Justice Center

Kyle Kaiser

Kyle Kaiser

Utah Attorney General’s Office

Eric Foley

Eric Foley

MacArthur Justice Center

Eric Foley is a Senior Counsel in the Louisiana office of the MacArthur Justice Center and focuses on ending the punishment of poverty, unlawful fines and fees, pretrial detention, and police misconduct.

Education & Credentials

Eric earned his J.D. from the University of Pennsylvania Law School (2009), where he was president of the Guild Food Stamp Clinic and participated in the Criminal Defense and Civil Practice clinics.

Recognition & Leadership

Foley was awarded Public Justice’s “Trial Lawyer of the Year” award in 2015 for his work challenging unlawful pretrial detention and was a finalist for the Louisiana State Bar Association’s “Outstanding Young Lawyer” award for 2019.

Professional Involvement

He is a member of the Federal Bar Association’s New Orleans Chapter.

Experience

Before joining the MJC in January 2015, Foley was a staff attorney at Southeast Louisiana Legal Services (SLLS) in New Orleans. During his time at SLLS, Foley represented low-income clients in administrative hearings, trial court, and appellate court. His practice areas included evictions, disputes with the public housing authority, denials of Social Security benefits, and advocacy for the unhoused. Before joining SLLS, Foley was a judicial clerk at the U.S. District Court for the District of Puerto Rico.

He has argued and won a case before the U.S. Court of Appeals for the Fifth Circuit concerning a financial conflict of interest created by a fee collected by the Orleans Parish Criminal District Court on commercial sureties.

Apart from his wife and family, Foley’s great loves are poboys, live music, and guitars.
Kyle Kaiser

Kyle Kaiser

Utah Attorney General’s Office

Kyle Kaiser is an Assistant Attorney General of the Utah Attorney General’s Office. He has been with the office since July 2011.

Education & Credentials

Kyle received his J.D., with high distinction, from the University of Iowa College of Law in 2003, where he was Senior Managing Editor of the Iowa Law Review, was awarded the Hancher-Finkbine Medallion, and was inducted into Order of the Coif. Kyle received his bachelor’s degree in journalism from Drake University, summa cum laude, in 2000.

Recognition & Leadership

Kyle Kaiser is an Assistant Attorney General in the Education Division of the Utah Attorney General’s Office. From 2011 through 2025 he practiced in the office’s Litigation Division, where he rose to Senior Trial Counsel, defending claims of constitutional or civil rights violations brought against the State of Utah, its agents, agencies, and subdivisions, and Utah colleges and school districts. He serves as a judge pro tempore for the Salt Lake City Justice Court, presiding over civil small claims matters, sits on the Board of Directors of Utah Law-Related Education, and teaches as an adjunct professor at the S.J. Quinney College of Law at the University of Utah. He was also named a nominee for a Third District Court vacancy. He presents regularly for the Federal Bar Association’s Civil Rights Law Section, including moderating a program on key SCOTUS civil rights decisions from the 2021–22 term. Earlier in his career, he served as Staff Attorney for Justice Dale Wainwright of the Supreme Court of Texas, where he oversaw the Court’s law clerk program. He earned his journalism degree summa cum laude from Drake University and is licensed to practice law in Utah, Texas, and Minnesota.

Professional Involvement

Away from the office, Kyle is an Associate Adjunct Professor of Law at the S.J. Quinney College of Law at the University of Utah, where he teaches Civil Rights Litigation; acts as Judge Pro Tempore for the Salt Lake Justice Court; and sits on the Board of Utah Law-Related Education.

Experience

Kyle’s practice includes defending and advising postsecondary education institutions in Utah. For fifteen years, Kyle served in the Litigation Division of the Office, where he defended claims of constitutional or civil rights violations brought against the State of Utah, its agents, agencies, and subdivisions. Before working for the Utah AG’s Office, Kyle was employed as Staff Attorney for Justice Dale Wainwright of the Supreme Court of Texas. Before that, Kyle was a litigation and intellectual property associate with the law firm of Winthrop & Weinstine, P.A. in Minneapolis, Minnesota, and served as a law clerk for Richard Dorr, United States District Judge for the Western District of Missouri, in Springfield.

Kyle enjoys spending time with his wife Pearl, their daughter Cora, and their cat Milo; camping around Utah and travelling around the world; and playing percussion publicly with a local community band and playing piano in the privacy of his own home.
Eric Foley

Eric Foley

MacArthur Justice Center

Eric Foley is a Senior Counsel in the Louisiana office of the MacArthur Justice Center and focuses on ending the punishment of poverty, unlawful fines and fees, pretrial detention, and police misconduct.

Education & Credentials

Eric earned his J.D. from the University of Pennsylvania Law School (2009), where he was president of the Guild Food Stamp Clinic and participated in the Criminal Defense and Civil Practice clinics.

Recognition & Leadership

Foley was awarded Public Justice’s “Trial Lawyer of the Year” award in 2015 for his work challenging unlawful pretrial detention and was a finalist for the Louisiana State Bar Association’s “Outstanding Young Lawyer” award for 2019.

Professional Involvement

He is a member of the Federal Bar Association’s New Orleans Chapter.

Experience

Before joining the MJC in January 2015, Foley was a staff attorney at Southeast Louisiana Legal Services (SLLS) in New Orleans. During his time at SLLS, Foley represented low-income clients in administrative hearings, trial court, and appellate court. His practice areas included evictions, disputes with the public housing authority, denials of Social Security benefits, and advocacy for the unhoused. Before joining SLLS, Foley was a judicial clerk at the U.S. District Court for the District of Puerto Rico.

He has argued and won a case before the U.S. Court of Appeals for the Fifth Circuit concerning a financial conflict of interest created by a fee collected by the Orleans Parish Criminal District Court on commercial sureties.

Apart from his wife and family, Foley’s great loves are poboys, live music, and guitars.
Kyle Kaiser

Kyle Kaiser

Utah Attorney General’s Office

Kyle Kaiser is an Assistant Attorney General of the Utah Attorney General’s Office. He has been with the office since July 2011.

Education & Credentials

Kyle received his J.D., with high distinction, from the University of Iowa College of Law in 2003, where he was Senior Managing Editor of the Iowa Law Review, was awarded the Hancher-Finkbine Medallion, and was inducted into Order of the Coif. Kyle received his bachelor’s degree in journalism from Drake University, summa cum laude, in 2000.

Recognition & Leadership

Kyle Kaiser is an Assistant Attorney General in the Education Division of the Utah Attorney General’s Office. From 2011 through 2025 he practiced in the office’s Litigation Division, where he rose to Senior Trial Counsel, defending claims of constitutional or civil rights violations brought against the State of Utah, its agents, agencies, and subdivisions, and Utah colleges and school districts. He serves as a judge pro tempore for the Salt Lake City Justice Court, presiding over civil small claims matters, sits on the Board of Directors of Utah Law-Related Education, and teaches as an adjunct professor at the S.J. Quinney College of Law at the University of Utah. He was also named a nominee for a Third District Court vacancy. He presents regularly for the Federal Bar Association’s Civil Rights Law Section, including moderating a program on key SCOTUS civil rights decisions from the 2021–22 term. Earlier in his career, he served as Staff Attorney for Justice Dale Wainwright of the Supreme Court of Texas, where he oversaw the Court’s law clerk program. He earned his journalism degree summa cum laude from Drake University and is licensed to practice law in Utah, Texas, and Minnesota.

Professional Involvement

Away from the office, Kyle is an Associate Adjunct Professor of Law at the S.J. Quinney College of Law at the University of Utah, where he teaches Civil Rights Litigation; acts as Judge Pro Tempore for the Salt Lake Justice Court; and sits on the Board of Utah Law-Related Education.

Experience

Kyle’s practice includes defending and advising postsecondary education institutions in Utah. For fifteen years, Kyle served in the Litigation Division of the Office, where he defended claims of constitutional or civil rights violations brought against the State of Utah, its agents, agencies, and subdivisions. Before working for the Utah AG’s Office, Kyle was employed as Staff Attorney for Justice Dale Wainwright of the Supreme Court of Texas. Before that, Kyle was a litigation and intellectual property associate with the law firm of Winthrop & Weinstine, P.A. in Minneapolis, Minnesota, and served as a law clerk for Richard Dorr, United States District Judge for the Western District of Missouri, in Springfield.

Kyle enjoys spending time with his wife Pearl, their daughter Cora, and their cat Milo; camping around Utah and travelling around the world; and playing percussion publicly with a local community band and playing piano in the privacy of his own home.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC1.0
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.0
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs