In this comprehensive checklist, Hinshaw & Culbertson LLP partner, Steven M. Puiszis, discusses:

• Elements of a Section 1983 Action
• Individual vs. Official Capacity
• If a Municipality is Sued, What is the Theory of Liability?
• Damages
• What Amendment/Constitutional Right Violated?
• Standing - Whose Rights were Violated?
• If a Supervisor or Manager is Sued - What is the Theory of Liability?
• Immunities Available - Section 1983 Claims
• Did the Defendant Act Under Color of Law?
• Conspiracy Claims
• Offers of Judgment
• Removal Issues if Section 1983 Claim Filed in State Court - Consider Removal to Federal
• Injunctive Relief
• Impact of State Court Proceedings - Possible Defenses
• 1983 Protects Constitutional Rights - Not Evidentiary Rules
• Duty to Indemnify a Judgment Under Section 10/9-102 of Illinois Local Governmental Tort Immunity Act
• What Materials Should an Investigator Initially Obtain

The complete "Section 1983 File Handling Checklist" booklet is available by clicking "Download PDF," below.