• New Decisions on Section 1983 and Qualified Immunity (Plus: Who Decides When Litigation Conduct Waives Arbitration?)

  • Mar 14 2025
  • Length: 55 mins
  • Podcast

New Decisions on Section 1983 and Qualified Immunity (Plus: Who Decides When Litigation Conduct Waives Arbitration?)

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  • Summary

  • In this month’s podcast, the trio discusses three new Seventh Circuit decisions. First, Kian takes a deep dive into a fractured en banc decision on an unusual qualified immunity issue. Next, Lara gets philosophical with a case that raises the question of whether an Indian tribe can be a Section 1983 plaintiff — but definitely doesn’t answer it! To round out the program, Mark addresses a decision on who decides when litigation conduct constitutes a waiver of the right to arbitrate. No spoilers, except to say that in Judge Easterbrook’s own words, “it has nothing to do with mootness.”
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