Wednesday, February 8, 2017

For Monday

Wednesday audio. RPI Commentaries due Monday; Bivens Commentaries due Wednesday.

We continue with Legislative Immunity. How did motive come into play in Bogan and how was that resolved? What is a legislator, entitled to immunity? To what conduct does legislative immunity attach and why? Does legislative immunity mean a legislator can never be sanctioned for misconduct? Does legislative immunity deprive injured persons of any remedy? What about the plaintiff in Bogan? What about a person injured by a new unconstitutional statute?

We then turn to Judicial Process Immunity, which covers both Judicial and Prosecutorial Immunities. What are the justifications for these two immunities? Why grant judges immunity? What is the scope, application, and degree of judicial immunity? Be sure to refer back to the exception clause in § 1983.