For victims of government misconduct, whether you can sue the officials who violated your constitutional rights often depends on whether the officials are federal, state, or local government employees. On Episode 2, we look at federal officials. We’ll head out to Wyoming where a rancher subjected to a 12-year campaign of harassment found out the hard way that all too often the Constitution simply isn’t enforceable against federal officials.
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Guests
Erwin Chemerinsky, Berkeley Law
Karen Budd-Falen, The Falen Law Offices
James Pfander, Northwestern Law
Michael Ramsey, University of San Diego School of Law
Stephen Vladeck, Texas Law
Resources
James Pfander, Alexander Reinert & Joanna Schwartz, The Myth of Personal Liability: Who Pays When Bivens Claims Succeed
Carlos Manuel Vázquez & Stephen Vladeck, State Law, the Westfall Act, and the Nature of the Bivens Question
Erwin Chemerinsky, Closing the Courthouse Door
Laurence Tribe, Death by a Thousand Cuts: Constitutional Wrongs Without Remedies After Wilkie v. Robbins
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