Governing the Government: What to Do When Government Officials Neglect Their Duty

Government officials all over the world make mistakes.  Some mistakes are catastrophic - resulting in macro level impacts such as famine and war. Other errors are highly damaging on the individual level to those involved. U.S. government officials are just as prone to mistakes as any other in the world. However, the beauty of our system is the existence of a vigorous private Bar whose duty is to bring mistaken Executive Branch officials before the Judicial Branch for correction of their mistakes before it is too late.

This is a very difficult duty, because it involves taking the powerful to court. It can make the lawyer unpopular or worse. Thus, it is very important to understand exactly how to fulfill this duty successfully. Democracy itself depends on it.

Learning Objectives: 

I.   Familiarity with 42 U.S.C. Section 1983 - Civil Action for Deprivation of Rights

II.  Explore CPLR Article 78 - Proceeding Against Body or Officer

III.  Review cases, decisions and memorandums for:

• Tshaka v. Benepe
• Britt v. Garcia
• Halvatzis v. New York City