Wednesday, January 25, 2017

For Monday

Wednesday audio. Under Color Commentaries due at the beginning of class on Monday.

We continue with RPI: Enforcing the Fourteenth Amendment. What right(s) are included within "Substantive Due Process." How does state of mind come into play under § 1983, compared with § 242? What does it mean to say that § 1983 and due process are "not a font of tort law." What does DeShaney stand for and how do parties attempt to work around it? (Be sure to review the Complaint in Briggs v. Norristown, noting how the plaintiffs pled the due process claim). What is the difference between substantive and procedural due process? How do state remedies interact with procedural due process? How do you reconcile the approach to § 1983 in Parratt and Hudson with the approach in Monroe? How do you reconcile Parratt and Hudson with Zinermon over how P/D/P works?

No new reading for Monday. We will get to Parallel Claims on Wednesday of next week.