Dover Intelligent-Design Case

[Lupu]

In light of the judge's appraisal of the behavior of the Board 
members, do members of the list think that punitive damages might 
have been awarded against particular Board members had they 
been sued individually?  Would their ordinary immunity from 
damages have been lost as a result of what now looks like a wilful, 
bad faith violation of the Constitution?  Would an award of punitive 
damages against them have been an appropriate remedy?  
(Perhaps plaintiffs' counsel feared that such an award would 
generate some sympathy for the individual defendants, and 
backlash against the plaintiffs.  Obtaining money, of course, was not 
the point of the suit -- but such a remedy would certainly deter the 
next school board that headed in this direction.)


Chip Lupu

On 20 Dec 2005 at 15:56, Ed Brayton wrote:

> 
> Marc Stern wrote: 
>     Were there any interveners? Might Discovery Institute intervene
>     for purposes of appeal? .During the fight over equal access, the
>     Supreme Court held in Bender v. Williamsport ASD,475 US 534 that a
>     single school board member did not have standing to appeal a
>     decision to allow religious clubs .A fortiori former members
>     should lack standing, unless ,perhaps they were sued in an
>     individual capacity and held for damages.
> 
> The Foundation for Thought and Ethics attempted to intervene but was
> denied. Discovery Institute did not attempt to intervene. This suit,
> as far as I know, was only against the school district as a whole, not
> against the individual members of the school board. There are no
> damages awarded and none asked for. So I can't imagine there is anyone
> with standing that could intervene at this point. The school board has
> said that they will not file an appeal of the case.
> 
> Ed Brayton
> 



Ira C. ("Chip") Lupu
F. Elwood & Eleanor Davis Professor of Law 
The George Washington University Law School 
2000 H St., NW
Washington D.C 20052

(202) 994-7053

ICLUPU at main.nlc.gwu.edu
ICLUPU at law.gwu.edu