We will finish Eleventh Amendment. We will start where we left off: What is the argument that EpY is not a legal fiction but an inherent and necessary part of sovereign immunity--built into SI'S principle that the sovereign cannot be sued eo nomine? Also consider the following:
Plaintiff is fired from a job as deputy prison warden. He brings an action against the Superintendent of Prisons, who made the firing decision. Can he obtain the following remedies if he prevails on the merits?
• Damages for pain and suffering
• Reinstatement (which will include future salary once back at work
• Backpay (an equitable remedy, recovering the wages he would have earned between the firing and the judgment
• Front pay in lieu of reinstatement (because reinstatement is not feasible, a monetary award of the wages he would have earned had he been reinstated, for a short period)
• Attorney's fees (available as a prevailing party under civil rights laws)
Then move to Standing: Constitutional and Statutory Considerations. This will take as through the end of class on Tuesday; go ahead and prep the entire thing.
