Monday audio. Bivens papers due next Monday, February 16. RPI papers due at the start of class tomorrow.
Viz one point from class: Section 1442 is the "federal officer removal" statute, which authorizes a federal officer sued under state for actions under color of his office to remove the action to federal court. This will apply under any "converse § 1983" statute such as the Illinois Bivens Act. So these actions will end up in federal court. But state law provides the cause of action that is missing without a broader Bivens cause of action.
Prep § 5.01 and Chapter 5, Part A (Legislative Immunity). We are now shifting from the elements of the cause of action against individual officers to the defenses those officers will raise.
In addition to the puzzles, consider This lawsuit against two members of Congress for voting for a bill to send money to Israel despite Israel committing what they allege to be human rights violations. What do you make of the argument by plaintiffs' lawyers that "immunity does not extend to a legislator who votes in favor of legislation when they know, or should have known, that the legislation is unlawful"? What should the plaintiffs do?
