Webinar
The Shifting Landscape of §1983 Civil Rights Litigation

Webinar
The shifting landscape of §1983 civil rights litigation
A park with people sitting on grass, trees, buildings, and a church spire in the background under a blue sky.
© Laurie Noble / Getty Images

Civil rights litigation under 42 U.S.C. §1983 is undergoing significant transformation, presenting new challenges and opportunities for insurers, defense counsel, and public entities. Recent appellate decisions and statutory changes are reshaping the legal landscape, while the erosion of qualified immunity and the rise of “nuclear verdicts” have dramatically increased exposure for public officials and municipalities.

This webinar explores how these developments are driving creative claims and damages theories, often pushing beyond traditional boundaries. Viewers will learn to identify high-risk scenarios and early warning signs of runaway verdicts, and discover practical strategies for motion practice, trial tactics, and preserving issues for appeal. The session also examines the insurance implications of §1983 trends — including coverage, reserves, and risk transfer opportunities — and highlights best practices for collaboration between insurers and defense counsel to manage and mitigate exposure.

About the speakers

Lem Montgomery
Lem Montgomery
Attorney, Butler Snow LLP
Lem E. Montgomery III has more than 23 years of experience defending civil rights litigation under 42 U.S.C. §1983. He has represented private correctional providers, state agencies, law enforcement officers, municipalities, and governmental entities in highly challenging and often highly public constitutional cases across multiple jurisdictions. His work ranges from litigating constitutional claims from inception through and on appeal, often in cases where both the financial exposure and public scrutiny are significant. Insurers and public entities frequently turn to Lem for guidance in developing defense strategies that address not only courtroom risks, but also long-term institutional and financial impacts. He has been recognized by his peers through inclusion in the International Association of Defense Counsel, Best Lawyers in America, Super Lawyers, and with an AV® Preeminent™ rating from Martindale-Hubbell.
Anna Morris
Anna Morris
Lawyer, Butler Snow LLP
Anna Little Morris represents public entities and private correctional providers in premises liability, personal injury, employment, and constitutional/civil rights matters — ranging from single-plaintiff cases to class actions. Adjusters value her detailed early case assessments, targeted discovery plans, and motion strategies aimed at narrowing exposure and positioning for favorable mediation outcomes, dispositive relief, or strategic trial positioning. She routinely coordinates with TPAs and in-house claims teams on analyzing reserves and creative resolution strategies. She’s recognized in The Best Lawyers in America®: Ones to Watch (2021–2025) and is an IADC Trial Academy graduate. Prior to law school, Anna worked in several public policy roles, including three years as a lobbyist, communications, and fundraising professional for one of the state’s largest and well-established professional trade organizations.
Ed Kozul
Edward Kozel
Liability Practice Lead
Munich Re Specialty
Ed Kozel is the Liability Practice Lead for Munich Re Specialty. Ed has been a licensed attorney for more than 30 years, beginning his career as a plaintiff attorney. The majority of Ed’s career was as a partner at an international defense firm in Chicago; Ed has extensive jury trial experience serving as first chair on numerous jury trials as both the plaintiff and defense attorney. Prior to joining Munich Re, Ed was at CNA Financial Corporation. Ed has served as lecturer for various organizations as a subject matter expert on litigation, strategic claim handling, and related topics.

About the moderator

Daniel Foster
Daniel Foster
Casualty Loss Control Expert
Munich Re Specialty – North America
Dan Foster is responsible for overseeing casualty loss control services for all Munich Re Specialty NA programs and insurable interests. He has over 23 years of experience in public sector insurance and pooling for entities such as cities, counties, schools, utilities, and more. In addition to loss control, Dan also has experience in program administration, workers’ compensation self-insured fund management, and claims administration. Dan has a Bachelor of Science in business from the University of Southern Indiana. In addition to the CSP, ARM, and RMPE, he recently obtained the CPCU designation. He enjoys travel, outdoor recreation, sports, and being a foodie.
    alt txt

    properties.trackTitle

    properties.trackSubtitle

    0:00
    0:00