The Shooting of Bobby Moore — Part 2 | Season 2, Ep. 7
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In 1978, the Supreme Court held that individuals can sue local governments for constitutional violations in federal court. Indeed, the Court held that Congress had always intended for such suits to be available — ever since it passed the Ku Klux Klan Act of 1871. However, the standard that the Court says plaintiffs must meet to get their municipal liability claims before a jury is exceedingly high, and getting higher.
On Part 2 of our episode on municipal liability under Section 1983, we find out if Sylvia Perkins mustered enough evidence of dysfunction at the Little Rock Police Department to get her day in court against the city.
Click here for transcript.
Available on Apple Podcasts, Spotify, Google Podcasts, TuneIn, and Stitcher.
Please click here to learn more about friend-of-the-podcast Coleman Watson’s stroke and recovery.
Guests
David Achtenberg, University of Missouri – Kansas City School of Law
Fred Smith, Emory Law
Mike Laux, Laux Law Group
Easha Anand, MacArthur Justice Center
Resources
David Achtenberg, Taking History Seriously: Municipal Liability Under 42 U.S.C. § 1983 and the Debate Over Respondeat Superior
Fred Smith, Local Sovereign Immunity
David Achtenberg, Frankfurter’s Champion: Justice Powell, Monell, and the Meaning of “Color of Law”
Robert Kaczorowski, Reflections on Monell’s Analysis of the Legislative History of § 1983
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