Getting to the Merits in Section 1983 Claims: Overcoming Immunities and the Heck Bar (2025 Edition)

Richard Dvorak | Dvorak Law Offices, LLC

Richard Dvorak concentrates his practice on Plaintiff’s civil rights litigation. He has been practicing in this area of law for over 25 years and has obtained several multi-million-dollar verdicts and settlements. Mr. Dvorak also is an accomplished appellate attorney, obtaining civil-rights victories in appellate courts in Illinois, as well as the Seventh Circuit Court of Appeals. Mr. Dvorak is the former Director of the Prisoners’ Rights Project at Northern Illinois University in DeKalb, Illinois.

Mr. Dvorak is a frequent speaker in the area of civil rights litigation. He obtained his J.D. degree in 1999 from DePaul University in Chicago, and his BA degree in 1993 from the University of Wisconsin in Madison. He is the author of several publications, including a law review article published in the Michigan Journal of Race & Law, 5 Mich. J. Race & L. 611 (2000), titled “Cracking the Code: ‘De-Coding’ Colorblind Slurs During the Congressional Cocaine Debates,” an article cited by several federal courts that have addressed the racist history behind drug laws in general, and the crack-cocaine laws in particular.

Kian Hudson | Barnes & Thornburg LLP

Skilled at case strategy, brief writing, and oral advocacy, Kian Hudson is a consummate appellate lawyer. Clients rely on him to identify, frame, and present the arguments that will be most persuasive to the judges considering their cases, to the end of maximizing the potential for a beneficial outcome

Kian assists clients throughout the litigation process. At the outset of cases, he works to spot issues and arguments other lawyers may miss, and as cases proceed, he provides clients with clear and compelling dispositive motions and appellate briefs – including, if necessary, cert-stage and merits-stage briefing before the U.S. Supreme Court.

Prior to joining the firm, Kian was deputy solicitor general for the state of Indiana, where he led the state’s efforts in scores of high-stakes and high profile cases. In that role, he drafted nearly one hundred party and amicus briefs filed in the U.S. Supreme Court, multiple federal circuit courts, and the Indiana Supreme Court.

Kian has presented 10 oral arguments in the U.S. Courts of Appeals for the Fourth and Seventh Circuits and the Indiana Supreme Court, including a winning en banc Seventh Circuit argument that resulted in a significant decision rejecting a constitutional challenge to Indiana’s sex offender registry.

A prolific writer, Kian keeps his skills sharp by penning essays for a variety of legal and non-legal publications, including Res Gestae, National Affairs, The Bulwark, The Public Interest, Law & Liberty, and FedSoc Blog.

Session I – Understanding Absolute Immunity in Civil Rights Cases | 2:00pm – 3:00pm

• Foundations of civil rights immunities
• Governmental actors eligible for immunity
• The functional approach to immunity

Break | 3:00pm – 3:10pm

Session II – The Heck v. Humphrey Favorable Termination Rule | 3:10pm – 4:10pm

• Common law and statutory justifications for the Heck favorable termination rule
• Which claims are subject to the Heck bar
• How Section 1983 plaintiffs can demonstrate “favorable termination”
• Why statute-of-limitations considerations sometimes encourage Section 1983 plaintiffs to argue that the Heck bar does apply to their claims