Monday, March 4, 2024

For Tuesday

Monday audio.

We will finish QI tomorrow; papers will be due next Tuesday. What are the benefits and drawbacks to flipping the QI presumption--no immunity unless the right is clearly established? We then will work through the QI and Immunity Review Puzzles.

We then turn to Entity Liability, beginning with § 6.01 and Municipal Liability. What are the arguments for and against municipal liability, given the purposes of § 1983 and the problems of individual immunity? What is the textual and policy basis for municipal liability and what are the limitations on that liability?