Outrage Legislation | Season 2, Ep. 4

More from Bound By Oath by IJ All episodes →

1. 

   S2 · E8 · 13 Aug 2021 · 1 hr 2 min

   Persons Who Are Not “Persons” | Season 2, Ep. 8

   Section 1983 says that “every person” acting under color of state law shall be liable for violating the Constitution. But in 1951, the Supreme Court began to rule that some officials weren’t “persons” within the meaning of Section 1983 and that those officials thus enjoy absolute immunity—no matter how malicious, corrupt, or unconstitutional their conduct may be. On Episode 8, we examine absolute immunity for legislators and judges. Click here for transcript. Click here for Episode 1. Available on Apple Podcasts , Spotify , Google Podcasts , TuneIn , and Stitcher .

2. 

   S2 · E7 · 21 Jun 2021 · 1 hr 2 min

   The Shooting of Bobby Moore — Part 2 | Season 2, Ep. 7

   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…

3. 

   S2 · E7 · 18 Jun 2021 · 45 min

   The Shooting of Bobby Moore — Part 1 | Season 2, Ep. 7

   In 2012, Little Rock police officer Josh Hastings shot and killed 15-year-old Bobby Moore and lied about how it happened. Hastings had a long history of untruthfulness and so did many of the officers who trained him and supervised him. And the Little Rock Police Department had a history of turning a blind eye to excessive force by its officers. So when Bobby’s mother sued over his death, she didn’t just sue Josh Hastings. She also sued the City of Little Rock. But could she? On this episode, the first half of a two-part exploration into municipal liability under Section 1983. Click here for…

4. 

   S2 · E6 · 5 Apr 2021 · 1 hr

   Pierson to Pearson | Season 2, Ep. 6

   In 1967, the Supreme Court invented qualified immunity. And in 1982, the Court transformed the doctrine into the one we have today. On this episode, we trace the development of the doctrine, and push back against the idea that immunities for executive branch officials, like the police, are deeply rooted in this country’s legal tradition. Click here for transcript. Available on Apple Podcasts , Spotify , Google Podcasts , TuneIn , and Stitcher .

5. 

   S2 · E5 · 1 Mar 2021 · 1 hr 10 min

   Under Color of Law | Season 2, Ep. 5

   In Chicago in 1958, over a dozen police officers barged into the home of a sleeping family with guns drawn. They didn’t have a warrant, and it turned out they didn’t have the right man. When the family’s civil rights claim reached the Supreme Court, it resulted in the landmark case of of Monroe v. Pape , which finally — 90 years after Congress authorized such suits — opened the doors of federal courthouses to victims of unconstitutional misconduct by state and local officials. On this episode, we hear about the raid from people who experienced it firsthand. Click here for transcript.…

6. 

   S2 · E3 · 28 Dec 2020 · 1 hr 9 min

   The Bubble | Season 2, Ep. 3

   By any measure, the conditions that Lee Saunders endured in the psych unit at the Brevard County jail in Florida were shockingly inhumane. But when he sued over the overcrowding, abusive treatment, and denial of basic sanitation, the courts ruled that the officer in charge was immune from suit. On this episode, we explore the state of qualified immunity doctrine today and whether the Supreme Court’s justifications for its policy of shielding officials from suit—even when they have violated the Constitution—hold water. Click here for transcript.

7. 

   S2 · E2 · 14 Dec 2020 · 1 hr 5 min

   Death By a Thousand Cuts | Season 2, Ep. 2

   For victims of government misconduct, whether you can sue the officials who violated your constitutional rights often depends on whether the officials are federal, state, or local government employees. On Episode 2, we look at federal officials. We’ll head out to Wyoming where a rancher subjected to a 12-year campaign of harassment found out the hard way that all too often the Constitution simply isn’t enforceable against federal officials. Click here for transcript. Click for Apple Podcasts , Spotify , Google Podcasts , TuneIn , and Stitcher .

8. 

   S2 · E1 · 25 Nov 2020 · 38 min

   They’re Going to Kill This Man | Season 2, Ep. 1

   In 2014, two members of a joint state-federal fugitive task force beat up an innocent college student, James King, after mistaking him for a suspect who looked nothing like him. The officers had James prosecuted for resisting arrest, which a jury quickly threw out. Then, in 2015, he sued the officers for violating his rights. In 2020, James’ suit reached the U.S. Supreme Court, where the question the Court faced was a narrow one: Can he even sue the officers in the first place? On Season 2 of Bound By Oath, we’ll explore why it is so hard to sue government officials who violate the…

9. 

   S2 · E1 · 23 Nov 2020 · 3 min

   Trailer: Season 2

   Why is it so hard to sue officials who violate the Constitution? Season 2 of Bound By Oath is coming soon. Click here for transcript . Click for Apple Podcasts , Spotify , Google Podcasts , TuneIn , and Stitcher .

10. 

    S1 · E9 · 20 Feb 2020 · 1 hr 3 min

    Episode 9 – Excessive Fines

    Prohibitions on excessive fines date back at least as far as Magna Carta in 1215, and the U.S. Constitution has barred excessive fines since 1791. But the Supreme Court has only recently begun to interpret what the Excessive Fines Clause means, and it wasn't until 2019 that the Court said the Clause applies to the states. On this episode: the story of how the Supreme Court finally began to incorporate the Bill of Rights rights against the states and the history of excessive fines.