Wednesday, February 22, 2017

For Monday

Sorry for having to break class early like that. But we were not getting anywhere on a pretty significant point.

We continue with Qualified Immunity. Read Lane to see what, exactly the Court concluded and why. Then consider--what else might the plaintiff want as a remedy and how might that be affected by qualified immunity? Then go back to where we were--what does the Court say about the factual overlap between the current case and precedent? What is the problem with reliance on case law in this way? Prepare both the Puzzles and the Bogan case that I posted on Monday. Finally, police officers and other public officials are almost uniformly indemnified for any judgment against them; how should that affect the qualified immunity analysis?

We will start on Municipal Liability on Monday, so Panel II should be ready. How do the text and history of § 1983 explain both pieces of the holding in Monell? What makes someone a policymaker? Who are policymakers in our various cases?