Where
Event Registration
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Event Details
The unlawful actions of U.S. Immigration and Customs Enforcement (ICE) agents and other federal law enforcement agencies have dominated recent headlines as federal agents violate constitutional rights at an alarming pace. One recent report recorded over 400 incidents of misuse of force at immigration enforcement protests within a one-year period, nearly two-thirds of which were attributed to federal agents.
To support lawyers across the country in securing federal law enforcement accountability in their communities, the American Constitution Society will be holding a one-day symposium to engage practitioners, academics, and students on developments in this important area of the law. The symposium will include three panels on the Supreme Court’s Bivens decision and qualified immunity, litigation strategies for accountability cases, and legislative efforts focused on holding federal law enforcement accountable for unconstitutional conduct.
AGENDA
Registration Opens
8:30 a.m.
Networking Breakfast
9:00 a.m. - 10:00 a.m.
Welcome/Opening Remarks
10:00 a.m. - 10:20 a.m.
Coffee Break
10:20 a.m. - 10:30 a.m.
The Rise and Fall of Bivens: An Academic Perspective
10:30 a.m. - 11:45 a.m.
The Supreme Court has been steadily closing the door to Bivens claims for decades, threatening meaningful accountability for federal law enforcement and removing a key tool from civil rights litigators’ arsenal. With Nielsen v. Watanabe on the merits docket for this upcoming term, legal experts have voiced concern over the future availability of Bivens claims and how federal courts might narrow Bivens as litigants, including the current Administration, seek to further cabin or overturn Bivens outright. How has the Court expanded and contracted the scope of Bivens? What can we expect from the Roberts Court in Nielsen and future cases?
Speakers:
Kami N. Chavis, Vice Dean, R. Hugh and Nolie Haynes Professor of Law, and Director of the W&M Center for Criminal Justice Policy and Reform, William & Mary Law School
Danielle C. Jefferis, Schmid Professor for Excellence in Teaching, Associate Professor of Law, University of Nebraska College of Law
Stephen Vladeck, Agnes Williams Sesquicentennial Professor of Federal Courts, Georgetown Law
Akua Amaning, Director of Public Safety, Center for American Progress (moderator)
Networking Lunch
11:45 a.m. - 12:45 p.m. ET
To Bivens and Beyond: Legal Avenues for Accountability
12:45 p.m. - 2:00 p.m. ET
Across the United States, lawyers are not only employing Bivens actions, but are also pursuing other legal avenues to hold federal agents accountable for their conduct. While some lawyers are using state law to sue federal law enforcement, others are using federal law, such as conspiracy statutes from the Reconstruction period, to support their cases. What are the current limitations of Bivens actions and other remedies under federal and state law, especially considering the additional hurdles posed by qualified immunity? What are some innovative litigation strategies being used in federal law enforcement accountability cases?
Speakers:
Jorge Castillo, Senior Counsel, American Civil Liberties Union (ACLU)
Chris Kemmitt, Director of Litigation, Legal Defense Fund (LDF)
Bhavani Raveendran, Founder & Trial Attorney, Raveendran Law LLC
Elizabeth Cruikshank, Senior Counsel, Institute for Constitutional Advocacy and Protection (moderator)
Keynote Speaker: Antonio Romanucci, Founding Partner, Romanucci & Blandin
2:00 p.m. - 2:25 p.m. ET
Coffee Break
2:25 p.m. - 2:35 p.m. ET
Revisiting 1983 in 2026: Legal Reform at the Federal and State Levels
2:35 p.m. - 3:50 p.m. ET
Even before the rise of ICE abuses during the second Trump Administration, federal and state legislators have been crafting laws to fill in the cracks left behind by the Supreme Court’s Bivens-related rulings and federal statutes, such as 42 U.S.C. § 1983. However, as the pressure mounts, federal and state lawmakers are increasingly ramping up efforts to pass or amend laws to guarantee remedies when federal agents violate constitutional rights. What have been the major successes and failures in legislative proposals to secure federal law enforcement accountability? How should additional state or federal legislation addressing federal agent accountability reflect the lessons learned from these successes and failures?
Speakers:
Kerry E. Doyle, Partner, Green & Spiegel
Nina Patel, Senior Policy Counsel, American Civil Liberties Union (ACLU)
Harrison Stark, Senior Counsel, Director of Special Projects, State Democracy Research Initiative, University of Wisconsin Law School
Justin Vail, Head of Washington DC Office & Counsel, Protect Democracy (moderator)
Closing Remarks
3:50 p.m. - 4:00 p.m. ET
The American Constitution Society is a State Bar of California approved CLE provider. This event has been approved for 4.5 hours of California MCLE credit.
Hosted by ACS National and made possible by:
