Monday audio. Hopefully we get one more day outside tomorrow. Immunity papers due next Monday.
We continue with Municipal Liability:
• We left off on what, before we get to anything, on what is necessary to state a claim against a municipality claim.
• What is "policy" and "policymaker?" What are the four ways a plaintiff can establish municipal liability? How should we understand "Failure to ___" as a theory of liability?
• How does qualified immunity affect municipal liability?
• What is the argument that respondeat superior liability is consistent with the text and history of the 1871 Act?
• How do municipal interests diverge from individual interests in litigation?
• Be creative in thinking about Puzzle # 3. The case requires you to circle back to prior material in the course.
I hope to get a bit into State Liability tomorrow; just prep §§ 6.09 and 6.10, which will give the basic overview of sovereign immunity and the 11th Amendment.
