So, you have just been appointed to your first Section 1983 pro bono matter. Now what? Once the initial excitement wears off, the feeling of draft and overwhelm may rush in. But fear not. Litigating a Section 1983 case is just like any other case on your docket: you are in the best position to advocate for your client when you take ownership of the litigation. To help you get started, I have put together a roadmap for navigating the essentials.

Get your Bearings: Read the Pleadings and Understand the Law

This may sound obvious, but before you do anything, dive into the pleadings. A lot has gone down before the case lands in your lap. Many 1983 cases remain pending for years before counsel is appointed. Most often, you will be appointed after a motion for summary judgment has been denied. Take time to understand the procedural posture and read any opinions. Orient yourself before you do anything else.

Relatedly, you will want to become well-versed in the law on Section 1983 and the accompanying constitutional claims relevant to your case. Most importantly, you want to know the elements of your client’s claims, the evidence you will need to prove those claims, and determine the scope of damages available to your client upon a finding of liability. If this is your first Section 1983 case, I recommend creating a case chart outlining the elements and the evidence needed so you can stay on track and feel confident in your approach as you move forward. If you do not know where to start, find a law review article or CLE paper that covers the fundamentals of Section 1983 litigation. The Federal Judicial Center also puts out written material to assist the courts and law clerks on common types of cases. Consult those resources to understand the court’s point of view.

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