We will finish RPI tomorrow, discussing the connection between constitutional and statutory claims. A city employee is harassed by co-workers and fired by her boss because of her race; what claims can she bring and against whom? RPI papers will be due next Tuesday.
Then move to Claims Against Federal Officials. This subject obviously is uniquely relevant to current events. 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? Review the three statutes designed to codify Bivens or to create some cause of action against federal officials? 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.
