Bronson McClelland v. Katy Independent School District, et al.

In a civil rights action under 42 U.S.C. § 1983, does Monell liability exist for a public school district when an official who committed a constitutional violation had been delegated final policymaking authority to “develop and enforce” a specific policy and then relied on that policy to cause the constitutional injury?

Based on the “true threat” doctrine in Counterman v. Colorado, with respect to public school students’ off-campus speech, before school districts are permitted to impose a final disciplinary decision which will become part of a student’s official education record, does the First Amendment require that school officials must prove that the student speaker had some “subjective understanding” of a statement’s threatening nature before making a final determination on whether the speech was “protected speech” or an unprotected “true threat”?