For Tuesday

I know this is hard, especially switching in the middle of things. But the group is small enough that I think we can run our usual class. Thank you for your work at this.

We will finish discussing the Priester Puzzle--what is the defendant's counter to the argument about the bias exception? Then prep Puzzle # 7 (Pettway).

We then move to Rooker-Feldman, including the assigned puzzles.

We then will begin Remedies; prep § 9.01 and Part A, on damages.

    • Consider the different categories of remedies: Equitable/Legal; Specific/Substitutionary; Prospective/Retroactive. What is the breakdown of each? Consider how to define the remedies available for an allegedly violative search-and-seizure.

    • What are the limits on  available damages? How do those limits undermine the purposes of § 1983?

COVID and State Action

From the Fifth Circuit, beginning on p.10: Hospital does not act under color in imposing COVID vaccination requirement on its employees. Some qualified immunity thrown in.

For Monday

Tuesday audio. We will finish Younger (hopefully) on Monday and Rooker on Tuesday. Remedies panel should plan to be on late in class on Tuesday.

We continue with Younger; be ready to work through the Puzzles.

    • What else falls within "Our Federalism?"

    • What happens procedurally after the federal court abstains? Will the rights-holder ever get a federal forum on the constitutional validity of the enforced law?

    • Does Younger apply if a plaintiff seeks only a declaratory judgment? 

    • What are the 3 steps in the Younger analysis?

    • What is parity and how does it explain Younger?