Monday audio. Bivens papers due at the beginning of class.
We continue with the Puzzles for Legislative Immunity. Why does the usual executive/legislative divide not apply to internal rules--why isn't the sergeant-in-arms or other House official performing the non-legislative function of enforcing the House rule (akin to the Mayor or Sheriff enforcing the zoning ordinance)? Break out Puzzle # 3, which has a number of issues in a number of directions.
Move to Judicial Process Immunity, covering judicial (which will be our main focus tomorrow) and prosecutorial. Read the whole Part, although we probably will cover the Intro and Judicial.
Consider how this story about two disciplined judges relates to judicial immunity.
Consider an addition Judicial Immunity Puzzle: Plaintiff sues for a 4th Amendment violation:
Judge Robert Benitez (S.D. Cal.) was presiding over a parole-revocation hearing. In the audience was th1 3-year-old daughter of the defendant. The defendant asked for leniency, pointing to his daughter in the gallery and the danger of her falling into drug use if he were not around. Judge Benitez orders the marshal to handcuff the girl and have her sit in the jury box. he explained that he wanted to send a message: "So your dad’s made some serious mistakes in his life, and look at where it’s landed him. … And if you’re not careful, young lady, you’ll wind up in cuffs, and you’ll find yourself right there where I put you a minute ago.”
