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Section 1983 in Theory and Practice: Qualified Immunity’s Shaky Foundations and the Life Cycle of a Civil Rights Case

Qualified immunity can end a civil rights case long before trial — and recent research shows the doctrine contradicts the original text of 42 U.S.C. § 1983. Learn to assess qualified immunity defenses, navigate interlocutory appeals, and prove Monell claims from pleading through trial.

2026-08-31 13:00:00

Program Details

2026-08-31 13:00:00

2026-08-31 13:00:00

2h CLE Credits

2026-08-31 13:00:00

Program Details

2026-08-31 13:00:00

Program Details

2026-08-31 13:00:00

Over 1,000+ webinars

2026-08-31 13:00:00

Course Overview

The Strongest Defense in Civil Rights Litigation May Not Survive Its Own Statute

2026-08-31 13:00:00

Qualified immunity has shaped civil rights litigation for decades, and most practitioners treat it as settled. It is not. Recent scholarship argues the doctrine contradicts the original text of Section 1983 and lacks historical support. The ground under the defense is moving.

The consequences reach every stage. Plead a claim under 42 U.S.C. § 1983, and qualified immunity frames the fight. Survive dismissal, and an interlocutory appeal can freeze the case. Bring a Monell claim, and proving it becomes the battle.

This program pairs practice with theory. A civil rights litigator walks through the life cycle of a § 1983 suit, from pleading through trial. Attendees see how qualified immunity, interlocutory appeals, and Monell claims shape strategy at every stage. The program then tests the doctrine itself: its text, its history, and its policy. Attendees leave with a stage-by-stage litigation framework and the textualist case against the doctrine — practitioner judgment no summary replaces.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Section 1983 Fundamentals
How the basics of 42 USC 1983 frame every claim decision from pleading through trial.
02
Qualified Immunity Mechanics
What qualified immunity is, how it operates, and how it drives strategy at every stage of a civil rights case.
03
Interlocutory Appeals
How interlocutory appeals of qualified immunity rulings can freeze a § 1983 suit, and how to plan around them.
04
Proving Monell Claims
What it takes to prove a Monell claim and where that proof fits in the life cycle of the case.
05
The Textualist Challenge
How recent research showing qualified immunity contradicts the original text of Section 1983 arms new arguments against the defense.
06
History and Policy
Whether qualified immunity is historically supported or good policy, and how those doubts change what you argue.

Program schedule

clock 1:00 pm - 2:00 pm EST

The Life Cycle of a Civil Rights Case

This session walks through the life cycle of a civil rights case, beginning with the basics of 42 USC 1983. It then turns to the qualified immunity considerations that arise as the case moves forward, the interlocutory appeals those rulings can trigger, and what it takes to prove Monell claims.

William MostWilliam Most
clock 2:10 pm - 3:10 pm EST

Qualified Immunity: Key Problems and Why Textualism Should Eliminate It

This session opens with what qualified immunity is and how it works. It then examines how recent research shows the doctrine contradicts the original text of Section 1983, whether it is historically supported, and whether it is good policy — and why textualism should eliminate it.

William MostWilliam Most
William Most

William Most

Most & Associates

William Most

William Most

Most & Associates

William Most is a civil rights litigator and the founder of Most & Associates in New Orleans, Louisiana. He has practiced before the U.S. Supreme Court, state supreme courts, multiple federal and state courts of appeal, and trial courts from California to Louisiana to Maine, and he is licensed in Louisiana and California. Before entering the law, he worked as a fisheries biologist.

Education & Credentials

Mr. Most graduated from Harvard College in 2005 and earned his law degree from the U.C. Berkeley School of Law in 2011, where he was elected to the Order of the Coif, an honor limited to the top ten percent of the class. He holds a Certificate of Specialization in Environmental Law. His bar admissions include the State of Louisiana, the State of California, the Supreme Court of the United States, the U.S. Courts of Appeals for the First, Fifth, and Ninth Circuits, and federal district courts across Louisiana and California.

Recognition & Leadership

Mr. Most has been named to the Louisiana Super Lawyers list for 2024, 2025, and 2026, following four consecutive selections to the Louisiana Rising Stars list from 2020 through 2023. He received the New Orleans Chapter of the Federal Bar Association’s 2025 Public Service Award and holds a Certificate of Honor from the San Francisco District Attorney. His peers have repeatedly voted him among the Top Lawyers listed in New Orleans Magazine in the Labor & Employment and Employee Benefits Law categories. He served as Chair of the New Orleans Bar Association Civil Rights Committee for the 2023–2024 and 2024–2025 terms.

Professional Involvement

Mr. Most is Of Counsel to the ATA Law Group, a California-based law firm, and has served as a board member of the National Police Accountability Project. He is a Fellow of the Institute of Politics in New Orleans and a Scholar of the National Lawyers Guild. He has been an editor of the Climate Change Law and Policy Reporter, a city-council-appointed member of the San Francisco Urban Forestry Council, and a Court Appointed Special Advocate for foster youth. He has testified before the state legislature, made hundreds of media appearances, and presents frequently on civil rights topics, including recent programs on qualified immunity, Section 1983 actions, and the life cycle of a civil rights case.

Experience

Mr. Most practiced at the California law firm of Briscoe Ivester & Bazel LLP before moving to New Orleans and founding Most & Associates. His clients have included individuals, businesses, families, municipalities, state agencies, American Indian tribes, journalists, law enforcement officers, prisoners, tenants, and non-profits, among many others. His appellate oral arguments include Hicks v. LeBlanc, Grant v. LeBlanc, McNeal v. LeBlanc, Rogers v. Smith, and Brown v. Burmaster in the U.S. Court of Appeals for the Fifth Circuit, along with arguments before the First Circuit, the Maine Supreme Court, and California and Louisiana appellate courts.
William Most

William Most

Most & Associates

William Most is a civil rights litigator and the founder of Most & Associates in New Orleans, Louisiana. He has practiced before the U.S. Supreme Court, state supreme courts, multiple federal and state courts of appeal, and trial courts from California to Louisiana to Maine, and he is licensed in Louisiana and California. Before entering the law, he worked as a fisheries biologist.

Education & Credentials

Mr. Most graduated from Harvard College in 2005 and earned his law degree from the U.C. Berkeley School of Law in 2011, where he was elected to the Order of the Coif, an honor limited to the top ten percent of the class. He holds a Certificate of Specialization in Environmental Law. His bar admissions include the State of Louisiana, the State of California, the Supreme Court of the United States, the U.S. Courts of Appeals for the First, Fifth, and Ninth Circuits, and federal district courts across Louisiana and California.

Recognition & Leadership

Mr. Most has been named to the Louisiana Super Lawyers list for 2024, 2025, and 2026, following four consecutive selections to the Louisiana Rising Stars list from 2020 through 2023. He received the New Orleans Chapter of the Federal Bar Association’s 2025 Public Service Award and holds a Certificate of Honor from the San Francisco District Attorney. His peers have repeatedly voted him among the Top Lawyers listed in New Orleans Magazine in the Labor & Employment and Employee Benefits Law categories. He served as Chair of the New Orleans Bar Association Civil Rights Committee for the 2023–2024 and 2024–2025 terms.

Professional Involvement

Mr. Most is Of Counsel to the ATA Law Group, a California-based law firm, and has served as a board member of the National Police Accountability Project. He is a Fellow of the Institute of Politics in New Orleans and a Scholar of the National Lawyers Guild. He has been an editor of the Climate Change Law and Policy Reporter, a city-council-appointed member of the San Francisco Urban Forestry Council, and a Court Appointed Special Advocate for foster youth. He has testified before the state legislature, made hundreds of media appearances, and presents frequently on civil rights topics, including recent programs on qualified immunity, Section 1983 actions, and the life cycle of a civil rights case.

Experience

Mr. Most practiced at the California law firm of Briscoe Ivester & Bazel LLP before moving to New Orleans and founding Most & Associates. His clients have included individuals, businesses, families, municipalities, state agencies, American Indian tribes, journalists, law enforcement officers, prisoners, tenants, and non-profits, among many others. His appellate oral arguments include Hicks v. LeBlanc, Grant v. LeBlanc, McNeal v. LeBlanc, Rogers v. Smith, and Brown v. Burmaster in the U.S. Court of Appeals for the Fifth Circuit, along with arguments before the First Circuit, the Maine Supreme Court, and California and Louisiana appellate courts.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

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Approved
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Approved
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Approved
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Approved
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Pending
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Approved
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Pending
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No Required
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Approved
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Approved
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Pending
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Pending
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Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
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Approved
North Carolina
Pending
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Approved
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Approved
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Pending
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Pennsylvania
Approved
Rhode Island
Pending
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Approved
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Approved
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Not Eligible
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Approved
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Pending
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Pending
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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