Tuesday audio. RPI papers due on Tuesday.
We continue with Claims Against Federal Officials.
Where do things stand with Bivens in the current moment? How would that likely affect claims against ICE and CBP officers by: 1) the families of Renee Good and Alex Pretti and 2) this guy? The Supplemental Materials post has four pieces of proposed legislation (all but "Ending Qualified Immunity Act") designed to codify Bivens or otherwise create some cause of action--the "Accountability for Federal Law Enforcement Act" is the only one that has been introduced; review and discuss the details of each. Finally, review § 2680(a) and (h), which is part of the FTCA and Westfall Act; consider how plaintiffs might use these against federal law enforcement. Read Goldey v. Fields (only 3 pages), a summary reversal of a grant of a Bivens action in an 8th Amendment excessive force claim.
We will get to Immunities on Tuesday.
