Wouldn't individual board members have at least a plausible claim to
legislative immunity? See Bogan v. Scott-Harris, 523 U.S. 44 (1998).
Michael R. Masinter 3305 College Avenue
Professor of Law Fort Lauderdale, FL 33314
Nova Southeastern University (954) 262-6151 (voice)
Shepard Broad Law Center (954) 262-3835 (fax)
[EMAIL PROTECTED] Chair, ACLU of Florida Legal Panel
On Tue, 20 Dec 2005, Lupu wrote:
> In light of the judge's appraisal of the behavior of the Board
> members, do members of the list think that punitive damages might
> have been awarded against particular Board members had they
> been sued individually? Would their ordinary immunity from
> damages have been lost as a result of what now looks like a wilful,
> bad faith violation of the Constitution? Would an award of punitive
> damages against them have been an appropriate remedy?
> (Perhaps plaintiffs' counsel feared that such an award would
> generate some sympathy for the individual defendants, and
> backlash against the plaintiffs. Obtaining money, of course, was not
> the point of the suit -- but such a remedy would certainly deter the
> next school board that headed in this direction.)
>
>
> Chip Lupu
>
> On 20 Dec 2005 at 15:56, Ed Brayton wrote:
>
> >
> > Marc Stern wrote:
> > Were there any interveners? Might Discovery Institute intervene
> > for purposes of appeal? .During the fight over equal access, the
> > Supreme Court held in Bender v. Williamsport ASD,475 US 534 that a
> > single school board member did not have standing to appeal a
> > decision to allow religious clubs .A fortiori former members
> > should lack standing, unless ,perhaps they were sued in an
> > individual capacity and held for damages.
> >
> > The Foundation for Thought and Ethics attempted to intervene but was
> > denied. Discovery Institute did not attempt to intervene. This suit,
> > as far as I know, was only against the school district as a whole, not
> > against the individual members of the school board. There are no
> > damages awarded and none asked for. So I can't imagine there is anyone
> > with standing that could intervene at this point. The school board has
> > said that they will not file an appeal of the case.
> >
> > Ed Brayton
> >
>
>
>
> Ira C. ("Chip") Lupu
> F. Elwood & Eleanor Davis Professor of Law
> The George Washington University Law School
> 2000 H St., NW
> Washington D.C 20052
>
> (202) 994-7053
>
> [EMAIL PROTECTED]
> [EMAIL PROTECTED]
>
>
> _______________________________________________
> To post, send message to Religionlaw@lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see
> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
>
> Please note that messages sent to this large list cannot be viewed as
> private. Anyone can subscribe to the list and read messages that are posted;
> people can read the Web archives; and list members can (rightly or wrongly)
> forward the messages to others.
>
_______________________________________________
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
Please note that messages sent to this large list cannot be viewed as private.
Anyone can subscribe to the list and read messages that are posted; people can
read the Web archives; and list members can (rightly or wrongly) forward the
messages to others.
