Covering a Civil Case

Some tips for covering a civil case.

First, obtain access to the docket in the case, as we discussed in class. This may require a visit to the courthouse; you need the actual document in order to determine where the case stands.

Second, determine the status of the case - how far along is it? It's probably easiest to select a written opinion by a judge or appeals court panel of judges - I'd recommend starting with the uscourts.gov website. Other stages in the case are quite interesting, and newsworthy - the arguments made by the attorneys, various motions (especially those seeking to dismiss the cases), and proceedings related to the trial and jury award.

Third, read the opinion carefully, highlighting the major arguments. Keep in mind that you won't be writing for attorneys or judges - you're writing for the general public. Be careful not to weigh down the piece with legalese - INTERPRET it for the reader.

So, what should your civil case story include?

The names of the parties;

Where the lawsuit was filed, or is being heard;

The claims made by both sides - again, a summary of the key arguments is enough;

Quotes from the major parties - keep in mind that attorneys may refuse to discuss the case with you;

A clear description of the stage of the case.

If you've been in the courtroom, a sense of what it was like, based on your observations.

For example:

"A Hockessin, Delaware resident filed a federal lawsuit against the township's fire company Thursday, claiming that company officials embarked on a three-month campaign of harrassment directed at his family after he complained to township officials that the company's fire whistle terrified his five-year-old son.

Again, no legalese. By way of quick review, this is known as a "delayed identification" lead, since the resident is not identified by name in the lead.

In the second graph, you'd ID the person, and tell where the case was filed:

"Bill Stiffler claims that on at least 30 occasions in the last three years, his son, Neil, has been rudely awakened by the whistle, installed when the fire company's headquarters, located less than a quarter-mile from the Stiffler's home, was built in 1974.

In his suit, filed in Philadelphia federal court, Stiffler said that he sent a letter outlining his concerns to the fire company in August 2004. The fire company did not respond. A call to the mayor's office in Hockessin yielded only a perfunctory assurance that the matter would be addressed.

Stiffler brought his concerns to township council meetings in September, October, and November 2004. Neither council nor the fire company took any formal action.

The informal actions taken by the fire company are at the heart of Stiffler's suit, in which he claims the fire company has retaliated against him for exercising his First Amendment right to free expression."


Notice that you haven't yet listed in detail the actual claims. Typically, you can save this info for a little later in the story.

But let's say you've decided to cover a different stage during the case - discovery, or when lawyers for both sides gather information they use to make their case. Attorneys can, but are often reluctant to share information - unless the judge's bans them from doing so. They may also might want to avoid tipping their hand. For example:

"The attorney for the Hockessin resident embroiled in a lawsuit against his township's fire company over the allegedly terrifying noise emitted by its fire whistle, has uncovered documents which seem to support the resident's claim that township officials retaliated against him for publicly complaining about the noise."

Colleen McGinnis, who represents Bill Stiffler, contends that three memos from Chief David Sapp to township officials provide the rough outline for a campaign of harassment directed at Stiffler."

You would then go on to describe the memos.

Remember to always provide the reader with BACKSTORY - a summary of the case to that point, and the background of the parties.

OK, let's say the case makes it to trial - you would cover the arguments made by both attorneys, and also make keen observations about the tone of the discussion, and the behavior of the parties. For example:

"Hockessin Fire Chief David Sapp told a Philadelphia jury Friday that his department cannot afford the paging system that would enable them to replace the fire whistle at the center of a federal lawsuit filed by a township resident."

A paragraph or two of backstory, and then...

""It's just not in our budget," Sapp told the jury of four men and eight women. "We're a volunteer department, and we told Mr. Stiffler that."

Bill Stiffler contends that the department and township officials went far beyond telling him they lacked the money for a paging system.

Stiffler claims that department firefighters set off the whistle at unscheduled times just to annoy he and his family, and that they have publicly ridiculed he and his lawsuit at five recent township council meetings. Firefighters have also made numerous negative postings about Stiffler on the township's website."

And then, the results of the trial:

"A federal jury in Philadelphia Wednesday found that Hockessin Fire Company officials had not engaged in a campaign of harassment against a township resident and his family after he complained about the company's fire whistle.

By a 9-3 vote, the jury found that the fire company had not violated Bill Stiffler's First Amendment right to free expression by retaliating against him for raising concerns about the allegedly excessive volume of the fire whistle.

Stiffler's attorney, Colleen McGinnis, said she would appeal the ruling to the Third Circuit U.S. Court of Appeals."

An attorney may make appeal plans known right away - on the day of the ruling in some cases. Just as often, they will wait.

Here's a recent story from the USA Today which discusses a jury award in a Katrina-related case. Why hasn't this received widespread coverage? Another story for another time.

One more example - this one from the Boston Globe. Read both articles carefully. More examples to follow.