Tuesday audio. Immunity Reax papers due next Tuesday.
Review and prep the Puzzles for Part 6.A; don't move to 6.B until Tuesday.
• What are the four situations that can establish municipal liablity?
• What is "failure to [blank]" and what is the theory behind it as a basis for Monell liability? What are the elements?
• Given the gap between municipal and individual liability, how will the municipality defend itself in a typical Monell action?
• What is the difference between the "legalist' and "governmentalist" theories of § 1983 liability?
• Work the Puzzles; go through all different theories of municipal liability and why they do or do not work.
• Pay close attention to Puzzle # 3. There is an obvious reason why the Monell claim fails. But how can the plaintiff get creative--going through everything we have covered in the class--to try to establish liablity despite the limitations on Monell.
