3 ms·
Okay, I've done so - at least the version at [0] claiming to be a copy. The dissent lays out a compelling chain of arguments, to the point that I'll retract my
by mindslight 4y ago
Okay, I've done so - at least the version at [0] claiming to be a copy. The dissent lays out a compelling chain of arguments, to the point that I'll retract my initial assertion of "the right decision".
However, I still cannot figure out what you are referencing when you say "Castle Rock explicitly prohibits states and municipalities from placing these sorts of restrictions [contractual employment requirements] on the police". Is this something from one of the earlier decisions, or what am I missing? I'd appreciate a quote or other reference.
To the extent that municipalities may need some explicit legal justification to fire individual police officers (as you seem to be implying), then that is its own problem. But I'd say it's unrelated to this case which is ultimately about whether the town itself is legally liable to Gonzales.
[0] https://www.law.cornell.edu/supremecourt/text/04-278 https://www.law.cornell.edu/supremecourt/text/04-278