Civil Rights Litigation Part V: State Action by Private Parties

(737 Ratings)

Produced on: July 29, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 62 minutes
Difficulty Advanced

In this course, the fifth of a multi-part series on litigating civil rights cases, Ameer Benno, a New York City-based civil rights attorney, discusses the circumstances under which private parties can be held to be state actors under 42 U.S.C. § 1983. He covers the tests for determining whether a private party is acting with the authority of state law, the doctrine of respondeat superior, and types of damages available against private entities that are held to be state actors under Section 1983.  


Learning Objectives:

  1. Review the elements of a Section 1983 claim
  2. Understand the state action requirement under 42 U.S.C. § 1983
  3. Identify the various tests for determining whether a private party is acting with the authority of state law
  4. Grasp to what extent the doctrine of respondeat superior applies to private entities that are deemed to be state actors under 42 U.S.C. § 1983
  5. Recognize the types of damages available against private entities that are held to be state actors under Section 1983

Faculty

Ameer Benno

Ameer Benno, Attorney at Law

Mr. Benno began his legal career as an Assistant District Attorney at the esteemed Manhattan District Attorney’s Office, where, under then-District Attorney Robert Morgenthau, he served in both the trial division and the appeals bureau. In the trial division, Mr. Benno investigated and prosecuted violent and white-collar crimes and tried several jury trials to verdict, all as primary chair. In the appeals bureau, Mr. Benno handled all aspects of criminal appeals, and regularly submitted arguments to the New York State Court of Appeals, New York State’s highest tribunal.

After several years as an Assistant District Attorney, Mr. Benno left government service to work for a premier civil litigation law firm where he tried civil cases and managed a caseload that focused on civil rights matters in state and federal court.

In 2009, Mr. Benno opened his own law practice, which focused on civil rights cases in state and federal court, criminal defense, and appellate litigation.

In addition to an active trial practice, Mr. Benno has briefed and argued criminal and civil appeals in the First, Second, Third, and Fourth Departments of the New York State Supreme Court, Appellate Division, the New York State Court of Appeals, and the United States Court of Appeals for the Second Circuit.

In 2010, Mr. Benno argued People v. Mothersell in the New York State Court of Appeals, New York State’s highest tribunal. That case, which challenged the constitutionality of the City of Syracuse’s usage of “all persons present” search warrants, resulted in a unanimous reversal of the client’s criminal conviction and the dismissal of his indictment, and changed the landscape of criminal law practice in New York State. More recently, Mr. Benno was lead counsel in Bailey v. Pataki, a Section 1983 civil rights action against former New York State Governor George Pataki and several members of his administration for creating and implementing an unconstitutional civil commitment policy for a class of prisoners. Mr. Benno briefed and argued the interlocutory appeal in that case to the Second Circuit Court of Appeals. He won that appeal, and thereafter tried the case in the United States District Court for the Southern District of New York. After a three and a half week trial, the jury found a top member of Gov. Pataki’s administration liable for violating the plaintiffs’ constitutional rights.

From 2006 through 2012, Mr. Benno was an adjunct professor at New York Law School, where he taught Legal Reasoning and Writing and Written and Oral Advocacy.

Mr. Benno is admitted to the New York and Connecticut state bars, and is admitted to practice in the federal courts of the Southern, Eastern, Western, and Northern Districts of New York as well as the United States Court of Appeals for the Second Circuit and the United States Supreme Court.

He serves on the Civil Rights and Liberties Committee of the New York County Lawyers Association, and is a member of the Civil Rights Section of the American Association of Justice. Mr. Benno is also a member of the National Police Accountability Project, the New York City Policing Roundtable, the First Amendment Lawyers Association, the New York State Trial Lawyers Association, the New York State Academy of Trial Lawyers, and the Brooklyn Bar Association. 

Mr. Benno also is a member of the New York State Association of Criminal Defense Lawyers and the New York State Defenders Association. He is a member of the National Organization for the Reform of Marijuana Laws (NORML) Legal Committee.

In 2012 and again in 2013, Mr. Benno was selected to the Super Lawyers Rising Stars list as one of the top up‐and‐coming attorneys in the metro-New York area in the areas of First Amendment and civil rights law. Each year, no more than 2.5 percent of the lawyers in the state receive this honor.

In 2013 and 2014, Mr. Benno was also selected by the National Trial Lawyers for inclusion in the Top 100 trial attorneys in New York State in the area of criminal law. This is an invitation-only organization composed of the premier trial lawyers from each state in the nation who meet stringent qualifications. Selection is based on a thorough multi-phase process which includes peer nominations combined with third-party research.  In 2014, Mr. Benno was also selected for inclusion in the National Trial Lawyers Top 40 Under 40.

Mr. Benno is rated 10.0, the highest rating given, by the online lawyer rating service Avvo.com.

Mr. Benno received his B.A. degree with honors from Johns Hopkins University, and his J.D. from Cornell Law School. While at Cornell Law School, Mr. Benno received recognition for his superior litigation abilities and was a member of the prestigious Moot Court Board.

Reviews

WB
William B.

Mr. Benno is an excellent CLE presenter.

MB
Mayo B.

Great course

AM
Amy M.

Great speaker!

SW
Samuel W.

One of the better presenters. High Energy

JR
Jake R.

Excellent presenter - dynamic, methodical, organized and he speaks in plain English, which even lawyers appreciate!

BP
Benjamin P.

Extremely strong, organized and informative presentation in a complex area.

KP
Katherine P.

Action - packed presentation! Well done.

BR
Bernard R.

Outstanding lecturer. I may not practice in Fed. Ct. but this mat.l allows me to talk about it intelligently.

SP
Shannon P.

Great course - very engaging. I would absolutely take another course led by Ameer. Thank you!

DE
Diane E.

lecture was informative

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