Professor Richard C. Reuben
Constitutional and Civil Rights Litigation
Spring 2015. Room 112. Tuesdays and Thursdays, 9 a.m. – 10:15 a.m.
308 Hulston Hall; 884-5204; ReubenR@missouri.edu
Appointments: Schedule half-hour meetings on sign-up sheet on my office door
Constitutional and Civil Rights Litigation
Prelimimary Syllabus
Readings: Assigned readings on this syllabus are from the required text for this course, Jeffries, et
al., Civil Rights Actions: Enforcing the Constitution (3rd ed. 2013). or the supplement (available on
class TWEN site). I may also assign additional readings from time to time.
Pace: We will cover about 20 pages per class session -- some days more, some days less -- and
generally track the order of the Jeffries casebook. I expect to spend about a day on each syllabus
topic. I will generally email reading assignments for the week on Mondays. If you don’t receive
a note by Monday at 6 p.m., you should read the readings that comprise the next 20 pages or soon
the syllabus.
Class Attendance: As with most law school courses, regular class attendance and participation is
expected, consistent with the Law School’s general attendance policy posted on the School web
site. Attendance is required for any class in which we have a guest speaker.
Grading: Final grades will be assigned on the basis of the following allocation: 80 percent exam
and 20 percent class participation. The exam will be a four-hour take-home. Exams must be taken
on the law school exam software.
Class Communication: I correspond with students by email, and use only university email
addresses. Things do come up, so it is your responsibility to check your university account for
up-to-date information.
Cancelled Classes and Make-Ups: Please note the following schedule adjustments. All make-ups
will be during the open hour reserved for make-up classes.
Cancelled: Thursday, April 7
Make-Up: Monday, April 4
Schedule of Classes
A. Chapter I. Section 1983
Topic 1: “Under Color of” Law (Monroe)
Pages 1-18
Topic 2: Suits Against Federal Officers (Bivens)
Pages 18-31
Topic 3: The Eleventh Amendment and State Sovereign Immunity
Pages 413-428, 36-41
Topic 4: Official Immunity: Absolute Immunity
P ages 42-75
Topic 5: Official Immunity: Qualified Immunity (“Clearly Established Law”)
Pages 75-91
Topic 6 Official Immunity: Qualified Immunity (“Reasonableness” of Conduct)
Pages 91-121
Topic 7: Governmental Liability (Monell)
Pages 148-162
Topic 8: Governmental Liability (Municipalities)
Pages 162-184
Topic 9: Governmental Liability (Official Policy or Custom)
Pages 184-203
Topic 10: Governmental Liability (Failure to Train)
Pages 203-223
Topic 11: Constitutional Rights Enforceable under Section 1983
Pages 223-248
TWEN: DeShaney v. Winnebago County Dep’t of Social Services
Topic 12: Enforcing the First Amendment under Section 1983
TWEN: Pleasant Grove City, Utah v. Summum
Hastings Christian Fellowship v. Martinez
Rosenberger v. Rector & Visitors of the Univ. of Virginia
Topic 13: Enforcing the Fourth Amendment under Section 1983: Excessive Force
TWEN: Brower v. County of Inyo
Graham v. Connor
Foster v. Metro Airports
Topic 14: Enforcing the Fifth, Sixth and 14th Amendments under Section 1983
TWEN: Chavez v. Martinez (Miranda)
Mills v. City of Grand Forks (Due Process)
Johnson v. Crooks (Equal Protection)
Clark v. Tulare County (Right to Counsel)
Topic 15: Constitutional Rights: Section 1983 and State Law
Pages 248-270
Topic 16: Non-Constitutional Rights Enforceable under 1983
Pages 271-293
Topic 17: Damages
Pages 293-329
B. Chapter 2: Attorney Fees
Topic 18: Attorney Fees: Entitlement
Pages 329-351
Topic 19: Attorney Fees: Amount
Pages 351-369
Topic 20: Attorney Fees: Enhancements
Pages 370-394
Topic 21: Attorney Fees: Negotiated Settlements
Pages 394-412
C. Other General Civil Rights Provisions
Topic 22: Section 1982
Pages 595-615
Topic 23: Section 1981
Pages 616-613-638
Topic 24: Section 1985
Pages 667-690
Topic 25: Title IX
Pages 765-783
Topic 26: Title IX
Pages 783-810
DISCLOSURES
Statement Regarding Americans with Disabilities Act
If you anticipate barriers related to the format or requirements of this course, if you have
emergency medical information to share with me, or if you need to make arrangements in case the
building must be evacuated, please let me know as soon as possible. This sample statement is
posted on the web at: http://provost.missouri.edu/faculty/syllabus.html and at
http://disabilityservices.missouri.edu/faculty/syllabus.php.
If disability-related accommodations are necessary (for example, a note taker, extended time on
exams, captioning), please register with the Office of Disability Services
(http://disabilityservices.missouri.edu), S5 Memorial Union, 573- 882-4696, and then notify me of
your eligibility for reasonable accommodations. For other MU resources for students with
disabilities, click on "Disability Resources" on the MU homepage.
Statement Regarding Academic Dishonesty
Academic integrity is fundamental to the activities and principles of a university. All members of
the academic community must be confident that each person's work has been responsibly and
honorably acquired, developed, and presented. Any effort to gain an advantage not given to all
students is dishonest whether or not the effort is successful. The academic community regards
breaches of the academic integrity rules as extremely serious matters. Sanctions for such a breach
may include academic sanctions from the instructor, including failing the course for any violation,
to disciplinary sanctions ranging from probation to expulsion. When in doubt about plagiarism,
paraphrasing, quoting, collaboration, or any other form of cheating, consult the course instructor.
Statement Regarding Intellectual Pluralism
The Law School community welcomes intellectual diversity and respects student rights. Students
who have questions or concerns regarding the atmosphere in this class (including respect for
diverse opinions) may contact the Dean’s Office, the Director of the Office of Students Rights and
Responsibilities http://osrr.missouri.edu/ or the MU Equity Office (equity@missouri.edu). All
students will have the opportunity to submit an anonymous evaluation of the instructor(s) at the
end of the course.