Wednesday, March 1, 2017

For Monday

Wednesday audio.

We continue with Municipal Liability. What was the claim the plaintiff in Brown tried to make and why did it not work? Note the different attitudes between the Connick and Brown majorities and dissents--what does each regard as the paradigm § 1983 action and how does it affect their respective views of who should be the target defendant? Why doesn't qualified immunity protect municipalities? Prepare Muni Puzzles.

Look at the first part of supervisory liability (Understanding § 4.14, Iqbal (only the discussion of supervisory liability), and Dodd). What is the connection between municipal and supervisory liability? How did Iqbal alter (or not) the availability of supervisory liability.

We then turn to State Sovereign Immunity I, which looks at the liability of state entities. Where does sovereign immunity come from? What are the competing views of the meaning of the 11th Amendment? What is the purpose of sovereign immunity? What does the expression "The king can do no wrong" mean?