Monday, January 30, 2017

For Wednesday

Monday audio.

We continue with RPI, both on Enforcing the Fourteenth Amendment. We pick up with Okin and using equal protection to avoid DeShaney in cases of government inaction. Discuss the Complaint in Briggs as both a State-Created Danger and Equal Protection claim. We then turn to Procedural Due Process. 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?

We then move to Parallel and Concurrent Constitutional Claims, looking at when statutory claims preclude constitutional claims under § 1983. How does Fitzgerald alter the analysis?

We will get to Claims Against Federal Officials for next Monday.