Brett Kavanaugh Questions Prison Guard Liability for Rights Violations in Landor v. Louisiana

Legal Fiction and Prison Guard Hiring

• ⚖️ Justice Kavanaugh suggests that the argument relies on a legal fiction regarding prison guards' awareness of federal agreements.
• 👮‍♂️ He posits that newly hired prison guards in Louisiana are unlikely to review extensive federal agreements to understand their obligations.

Compliance Training and Enforcement

• 📚 An amicus brief from former corrections officials indicates that training on federal law compliance is standard practice.
• ❓ Kavanaugh questions why Congress can impose conditions on prisons but not enforce them through civil liability, referencing previous court decisions.
• ⚠️ The attorney argues that individual capacity damages are the norm and that defendants do not dispute compliance with RUPA's substantive conditions.