The Scholar Warrior: Visualizing the Kaleidoscope that is Entity Liability, Negotiating the Terrain and Finding a New Paradigm

Abstract

The civil rights lawyer who pursues a claim under 42 U.S.C. § 1983 against a public entity must epitomize the Scholar Warrior, deftly balancing an ever splintering and multiplying framework of what constitutes public entity liability with the tact, fervor, and energy found in only the greatest of strategists and fighters. Two points in any discussion of municipal liability or Monel claims, better termed local public entity claims, are beyond dispute at this stage. First, there are manifold problems with Monell and its progeny. Second, the Supreme Court has increased its interest in addressing this issue in a way other than tinkering with minor aspects as each case is decided. This Essay/Commentary will unify the five Symposium presentations with the Scholar Warrior theme while exploring the future direction of public entity liability such that systemic problems are addressed and true reform can be attained.