We will finish with the Noah C. puzzle on Entity Liability.
Having found the Board as the policymaker, what do we next have to
figure out for the damages and injunction claims. How is the injunction
claim affected by whether the Principal is the policymaker and whether
the Board signed off on the suspension? See Humphrey in the reading. Entity Liability papers will be due next Tuesday.
We move to Civil Rights Procedure,
covering the first two sections (Chapter 7, Parts A and B); many
jurisdictional statutes to review, so be ready to discuss and explain
the precise language of those provisions and how they operate. Note that
the Title VII provisions (42 U.S.C. § 2000e) are in App. C.
• Why is immunity, especially qualified immunity, immediately reviewable under the collateral order doctrine?
• How do 3-judge courts and declaratory judgments respond to the concerns over EpY? Why have 3-judge courts for the three current classes of cases in the modern statute?
