Monday audio. Immunity Papers due in class tomorrow.
We continue with the Monell Puzzles--## 3, 4, and 5. What is the defense counter to the fact that DOJ found (and continues to find) inadequacies in city hiring, discipline, and retention)? What is the easy defense argument in # 3 and the more complicate plaintiff argument (go back to review different ways of establishing constitutional liability from Chapter 3).
We then move to State Sovereign Immunity, Section 6.B.
• What is sovereignty and what is sovereign immunity? Who is and is not sovereign?
• What are the three competing theories of the meaning of the 11th Amendment? How would each theory handle the following claims:
• South Carolina Citizen v. Georgia on a federal claim
• South Carolina Citizen v. Georgia on a state claim
• Louisiana Citizen v. Louisiana on a federal claim
• Louisiana Citizen v. Louisiana on a state claim
•
What is abrogation and when is it permitted or not permitted and under
what constitutional powers and why? How does abrogation different from "waiver by plan of the
convention?
• Consider whether the following claims can proceed under the Americans With Disabilities Act:
• Attorney working at Greenberg Traurig
• Attorney working for the Miami-Dade County Attorney
• Attorney working for the Office of the Florida Attorney General
• Can states be sued (by name) under § 1983?
• Consider the validity of ADA claims against a state entity in the following cases:
• Prisoner with disability challenging prison conditions
• Bar applicant challenge conditions for taking bar exam