Article: The Long and Winding Road from Monroe to Connick
I spoke on November 3, 2011, at Loyola Law School (New Orleans) at a program entitled “Prosecutorial Immunity: Deconstructing Connick v. Thompson.” The audience included attorneys, law students, professors and members of the public.
In this post, I provide a link to the resulting article, The Long and Winding Road from Monroe to Connick, recently published in 13 Loyola Journal of Public Interest Law 247 (2012).
The abstract of this article and the link appear below.
In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view of federalism set out in his dissent in Monroe.
Here is the link: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2118009
I hope you find the article of interest.