On July 24, 2025, Joseph, Hollander & Craft’s Chris Joseph joined Samuel MacRoberts of the Kansas Justice Institute and Colin Shaw of the Third Judicial District Public Defender’s Office to educate criminal defense attorneys regarding how to spot civil rights claims and preserve them for litigation.
Recognizing that public defenders are uniquely situated to identify civil rights violations, such as:
- Excessive Force;
- Unlawful Searches, Seizures, and/or Arrests;
- Restrictions on Speech, Association, and/or Religion; and
- Unlawful Prison Conditions,
the Kansas State Board of Indigent’s Defense (BIDS) hosted the CLE titled “Public Defenders and Police Accountability: Identifying & Preserving Civil Rights in Kansas.” While the criminal defense attorney attendees were already familiar with these constitutional violations from their practice, Joseph, MacRoberts, and Shaw discussed the practical aspects of spotting and preserving a civil claim and doing so in a way that sets their clients up for success.
Since claims under 42 U.S.C. 1983 are generally subject to each state’s statute of limitations for personal injury claims (2 years in Kansas), the presenters emphasized the crucial role criminal defense attorneys may play in identifying potential claims in time to pursue a civil remedy.
They discussed the importance of Heck v. Humphrey, in which the United States Supreme Court’s ruled that an individual convicted of a crime is barred from filing a civil lawsuit against police or other officials if that person’s claim would necessarily imply that the conviction is invalid. This requires consideration in plea negotiations as well as trial scenarios.
Having litigated 1983 claims from both sides, Joseph was able to educate attendees regarding critical aspects of a viable 1983 claim (including damages); procedural quirks (like state tort claim notice requirements); and evidence preservation (including effective use of subpoenas).
Materials from this CLE can be found here: https://www.ksbids.gov/cle-materials
