Legal strategies for addressing injuries and abuses suffered by incarcerated individuals through constitutional claims and civil rights litigation.
This course will include practical discussion regarding how to research, investigate, and litigate cases on behalf of incarcerated persons who suffer violence or abuse, and people who are wrongfully prosecuted and convicted. .
This course explores the legal avenues available for incarcerated individuals who have suffered injuries or abuses, focusing on constitutional claims under the Eighth and Fourteenth Amendments. Participants will learn about the legal framework governing prisoners' rights, the challenges in litigating these cases, and strategies for holding government entities and officials accountable. The session covers deliberate indifference claims, excessive force, denial of medical care, and violations of due process. Practical considerations, evidentiary challenges, and recent case law will also be discussed. Attorneys, advocates, and legal professionals will leave with a deeper understanding of how to effectively litigate constitutional claims on behalf of incarcerated individuals.
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.
THE JACOB FUCHSBERG LAW FIRM
Jae spearheads her firm’s prisoner rights practice wherein she represents prisoners who were severely injured while incarcerated, either due to denial of reasonable medical care or due to denial of adequate security protection. In these circumstances, Jae has successfully brought claims for deliberate indifference to prisoners’ constitutional rights as well as for medical malpractice and negligence. She has developed a unique knowledge base in interacting with incarcerated clients and overcoming the challenges associated with these cases. Jae received her BA from Swarthmore College and her JD from Harvard Law School.
NY LEGAL ASSISTANCE GROUP
Kate is a Staff Attorney at the New York Legal Assistance Group in the Special Litigation Unit, where she litigates class actions and other systemic reform cases on behalf of low-income New Yorkers. She is a graduate of Stanford Law School and clerked for Chief Judge David Barron in the First Circuit Court of Appeals and Judge Charles Breyer in the Northern District of California. She is also a former Johnnie L. Cochran, Jr. Fellow at Neufeld Scheck & Brustin, LLP, where she litigated cases on behalf of people wrongfully convicted of crimes they did not commit.
