Monday, February 6, 2017

For Wednesday

Monday audio. RPI Commentaries due next Monday.

Before class on Wednesday, we can talk for a few minutes about the travel order litigation and where it stands. As I said, we will (hopefully) get to this later in the semester.

We have a few final points about Bivens, focusing on the "extensions" (or non-extensions) to new defendants, conduct, and situations. How does Minneci affect the analysis? How does Prof. Pfander interpret § 2679(b) to find a statutory equivalent to § 1983.

We then turn to Individual Immunities, covering Overview and Legislative Immunity. Panel I is back on.

What are the purposes of all the individual immunities? How did they become part of the § 1983/Bivens analysis, since none are mentioned in the statute itself. Consider the difference between constitutional Speech or Debate immunity and common law legislative immunity under § 1983. What does the Court mean by a "functional" approach. What makes immunity "absolute" as opposed to limited.