42 U.S.C. § 1983

A § 1983 claim against a municipality requires a government policy or custom that caused the plaintiff injury.

Nunez v. City of Los Angeles · filed 1998-06-05

Under Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), to sustain a § 1983 action against a municipality, a plaintiff must demonstrate that a governmental policy or custom has caused him injury.

Section 1983 municipal liability requires an unconstitutional policy or custom or a failure to train; a municipality is not liable solely because it employs the person who caused the harm.

Bey v. City of Philadelphia · filed 1998-06-24

In order to assert a claim of municipal liability under § 1983, the plaintiff must assert that the municipal defendants followed some unconstitutional policy or custom or failed to train its employees; no § 1983 liability exists on a respondeat superi- or theory.

Section 1983 does not make a city vicariously liable for its employees’ acts.

Garrett v. Clarke · filed 1998-06-26

A city is not vicariously liable under Section 1983 for the acts of its employees.

Section 1983 does not make a city vicariously liable for its employees’ acts; municipal liability requires an official policy or widespread custom or practice that caused the injury.

Garrett v. L. Clarke, Sgt. D. Epps, 144 F. West, Maj. 63 Pinelawn Police Department City of Pinelawn · filed 1998-06-26

A city is not vicariously liable under Section 1983 for the acts of its employees. ... To impose liability on the City of Pine Lawn, Garrett must “identify either an official municipal policy or a widespread custom or practice that caused [his] injury.”

Section 1983 does not make municipalities vicariously liable for their employees’ constitutional violations.

Tarantino v. Pierce · filed 1998-06-30

As explained above, municipalities cannot be held vicariously liable under § 1983.

Section 1983 does not impose liability on a supervisor or school district through respondeat superior; a claim against the district must allege an official policy that caused the constitutional violation.

Grimes v. Herbert · filed 1998-06-30

Defendants Herbert and HISD cannot be held liable under a respondeat superior theory of liability. ... Plaintiff also has failed to allege the “official policy” of HISD which caused the alleged constitutional violation. ... we reach the same conclusion as did the district court for the same reasons articulated there.

Section 1983 permits municipal liability only when a municipal custom or policy results in a violation of federal law.

Adams v. City of Oklahoma · filed 1998-07-07

A municipality may be held liable for § 1983 claims only if its custom or policy results in a violation of federal law.

For a Section 1983 claim against a county, evidence of unrelated later incidents does not establish that a county policy existed when the alleged violation occurred.

Restey v. Higgins · filed 1998-07-08

Plaintiff also sought to introduce the postincident evidence to establish in his section 1983 cause of action the existence of a County policy of ignoring and thereby permitting the abuse of the civil rights of citizens. Evidence tending to establish a County policy with respect to future nonrelated incidents would not establish the existence of a County policy on the day in question.

Section 1983 allows a municipal claim based on an alleged widespread discriminatory custom, without a heightened pleading standard.

Tabor v. City of Chicago · filed 1998-07-10

There is no heightened pleading standard for § 1983 claims. ... These allegations, taken as true, support the inference that an unconstitutional custom exists. Although the allegations lack specificity, they sufficiently provide the City with notice of the claim. Count III therefore states a claim against the City.

A county is liable under § 1983 for its own unconstitutional policy, not merely for an employee’s conduct; the policy must cause the deprivation of federal rights.

Yarbrough v. City of Kingfisher · filed 1998-07-14

A county "may be held liable under 42 U.S.C. § 1983 only for its own unconstitutional or illegal policies and not for the tortuous acts of its employees." ... Moreover, Mr. Yarbrough does not allege that the County or the Commissioners have an official policy sanctioning racial harassment of prisoners. Therefore, he has failed to state a cognizable claim against these defendants in their official capacity, and summary judgment was appropriate.

Section 1983 permits municipal liability only when an official policy, practice, or custom causes the alleged constitutional injury.

Parker v. Carroll · filed 1998-07-16

A local government may be found liable under § 1983 for alleged violations of constitutional rights only for acts implementing an official policy, practice or custom of the municipality. ... I conclude from the record that the Par-kers have failed to produce any evidence of a policy or custom that was the cause of the alleged harm to them.

Section 1983 does not make a municipal agency vicariously liable for its employees’ acts; liability requires a custom or policy that promoted unconstitutional conduct.

Settecase v. PORT AUTHORITY OF NY & NJ · filed 1998-07-21

As a municipal agency, the Port Authority cannot be held vicariously liable for the acts of its employees; it can only be held liable if it had a custom or policy that promoted unconstitutional conduct.

Section 1983 permits county liability for a sheriff’s hiring decisions when state law gives the sheriff final policymaking authority over those decisions.

Brady v. Fort Bend County · filed 1998-07-27

Rather, the appropriate inquiry is whether the sheriff is the County’s final policymaker with respect to the specific action at issue here--filling available employment positions in the sheriff’s department. With respect to this specific act, Texas law unequivocally vests the sheriff with final policymaking authority.

A governmental entity can be liable under § 1983 even when no government official is found personally liable.

John Doe Ex Rel. John Doe v. Washington County · filed 1998-07-30

A governmental entity can be liable under section 1983 even though no government official was found personally liable.

Section 1983 permits liability against a governmental entity even when no official is found personally liable.

Doe v. Washington County · filed 1998-07-30

A governmental entity can be liable under section 1983 even though no government official was found personally liable.

Section 1983 requires a plaintiff suing a municipality to allege a policy or custom that directly caused the violation of federal rights.

Carter v. District of Columbia · filed 1998-08-04

In order to make out a claim against the District of Columbia or any other municipality, Section 1983 requires a plaintiff to allege a policy or custom that directly caused the asserted violation of her federal civil rights.

Section 1983 requires a constitutional violation caused by a government policy or custom to hold a county liable.

Petersen v. Carbon County · filed 1998-08-06

As these defendants engaged in no unconstitutional acts, Mr. Petersen cannot show any government policy or custom that lead to a constitutional violation for which the county should be held responsible.

A § 1983 municipal liability claim must allege facts showing that a municipal policy, or failure to adopt one, caused a constitutional violation and involved more than negligent protection of rights.

Sturm v. Ross · filed 1998-08-10

Accordingly, to establish a claim for municipal liability under § 1983, a plaintiff must allege facts which, if true, establish the existence of a constitutional violation caused by a municipality’s adoption, or failure to adopt, a particular policy, and that such action went beyond mere negligent protection of the plaintiffs constitutional rights.

Section 1983 requires proof of deliberate indifference and an actual county policy to hold a county liable for failing to train officers or investigate misconduct complaints.

Abraham v. Piechowski · filed 1998-08-10

These requirements of deliberate indifference and proof of an actual policy apply not only to plaintiffs’ claims that Fox and the county failed to train their law enforcement staff, but also to plaintiffs’ claim that the county inadequately and improperly investigated citizen complaints about officer misconduct, as again a pattern of failing to do something, rather than an express or official county policy, is involved.

Section 1983 permits municipal liability for an employee’s civil rights violation when the employee acted in accordance with a government policy or custom.

Sanders v. District of Columbia · filed 1998-08-10

A municipality may be held liable for the civil rights violations of its employees if the wrongdoer was acting in accordance with "a government[ ] policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy."

Section 1983 permits municipal liability for an official’s decision only when the official has final policymaking authority.

Cason Enterprises, Inc. v. Metropolitan Dade County · filed 1998-08-11

Moreover, only those officials who have final policymaking authority may render the municipality liable under § 1983.

A municipality can be liable under § 1983 when a constitutional violation results from its official policy or established custom or practice.

Casey v. Newport School Committee · filed 1998-08-19

A municipality can be held vicariously liable only if the constitutional violation at issue results from a policy, ordinance, regulation or decision officially adopted or promulgated by the municipality’s authorized officers or from an established custom or practice of the municipality.

Section 1983 requires a plaintiff suing a county for an officer’s actions to show both a constitutional violation and a municipal policy or custom that was the moving force behind it.

Myers v. Oklahoma County Board of County Commissioners · filed 1998-08-20

As noted above, a plaintiff suing a county under section 1983 for the actions of one of its officers must demonstrate two elements: (1) a municipal employee committed a constitutional violation, and (2) a municipal policy or custom was the moving force behind the constitutional deprivation.

Section 1983 requires a municipal policy or custom to be the moving force behind a constitutional violation for the municipality to be liable.

Jackson v. CITY OF ALBANY, GEORGIA · filed 1998-08-20

Accordingly, the Court find that the City is entitled to immunity because no policy or custom was the “moving force” behind the constitutional violation.

A municipality cannot be liable under § 1983 for failure to train or supervise when no municipal employee violated the plaintiff’s constitutional rights.

Henderson v. Municipality of Cool Valley · filed 1998-08-20

As there is no underlying constitutional violation, Plaintiff's claim for failure to instruct, train, supervise, control and discipline against defendant Cool Valley must also fail.

Section 1983 permits a county to be liable for its own actions, but not under respondeat superior.

Lee v. Board of County Commissioners of Arapahoe County · filed 1998-08-21

Although the BOCC can not be held liable under the doctrine of re-spondeat superior, it can clearly be liable for its own actions.

A city may be liable under § 1983 when an official with final policymaking authority in the relevant area makes a deliberate decision that causes a constitutional violation.

Dill v. City of Edmond · filed 1998-08-28

Where a city official “responsible for establishing final policy with respect to the subject matter in question” makes a “deliberate choice to follow a course of action . . . from among various alternatives,” municipal liability attaches to that decision. ... Applying these factors, we conclude that the district court properly found that Vetter had final policymaking authority.

Section 1983 municipal liability is derivative of, but narrower than, an individual officer’s liability.

Vathekan v. Prince George's County · filed 1998-08-28

Municipal liability “is derivative of, but narrower than” the liability of individual officers.

Section 1983 permits county liability for an officer’s excessive force only when an unconstitutional county custom or practice caused that use of force.

Vathekan v. Prince George's County · filed 1998-08-28

Thus, Vathekan can prevail on her Monell claim only if Simms used excessive force against her, "and this use of force was caused by an unconstitutional custom or practice of the county."

Section 1983 permits municipal liability when an official receives qualified immunity because the law was not clearly established.

Dill v. City Of Edmond · filed 1998-08-28

In this case, because Vetter's qualified immunity was predicated on the basis that the law was not clearly established, qualified immunity does not shield the City of Edmond.

Section 1983 does not impose municipal liability for detectives’ actions when the detectives committed no constitutional violation.

Thompson v. City of Galveston · filed 1998-08-31

Given the district court’s holding, there is no basis on which to hold the city liable for the actions of the detectives.

Section 1983 permits a New York county to be held liable for a district attorney’s policy directing police and assistant district attorneys because the district attorney acts as a county policymaker in setting that policy.

Myers v. County of Orange · filed 1998-09-01

We also hold that, where a district attorney in New York implements a policy directing a police department and assistant district attorneys not to entertain cross-complaints, that policy is imputed to the county, not the State of New York, for purposes of 42 U.S.C. § 1983 liability.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show that an official policy, custom, or practice caused the alleged violation.

Chandie v. Whelan · filed 1998-09-03

To impose Section 1983 liability upon a municipal entity, a plaintiff must show that the alleged violation' resulted from an official policy, custom or practice of the municipality.

Section 1983 requires evidence of a city policy to hold a city or an official in an official capacity liable; general assertions of a policy are insufficient.

Helvey v. City of Maplewood · filed 1998-09-03

Finally, as to the City and to Corcoran in his official capacity, Helvey produced no evidence to support her general assertions of a City policy to retaliate against witnesses who testified adversely to the City.

Section 1983 does not impose municipal liability for an injury caused by a policy the municipality was compelled to follow under state or federal law.

Bethesda Lutheran Homes and Services, Inc. v. Leean · filed 1998-09-03

The plaintiff who wants a judgment against the municipality under that statute must be able to trace the action of the employees who actually injured him to a policy or other action of the municipality itself. When the municipality is acting under compulsion of state or federal law, it is the policy contained in that state or federal law, rather than anything devised or adopted by the municipality, that is responsible for the injury.

Section 1983 municipal liability requires a deprivation caused by a municipal policy or custom, or by an isolated act of an employee or official with final policymaking authority.

Kielczynski v. Village of LaGrange, Ill. · filed 1998-09-08

In order to state a § 1983 claim herein, a plaintiff must allege that she suffered a deprivation caused by a municipal policy or custom or by an isolated act committed by a municipal employee or official having final policymaking authority under state or local law.

Section 1983 failure-to-train or municipal-policy liability requires liability on the underlying claim against individual officers.

Tesch v. County of Green Lake · filed 1998-09-08

A failure to train theory or a failure to institute a municipal policy theory requires a finding that the individual officers are liable on the underlying substantive claim.

Section 1983 permits a claim for prospective injunctive relief against a county without a local policy or custom.

Jackson v. State · filed 1998-09-21

Since the Monell local policy requirement does not apply in 42 U.S.C. § 1983 suits where only prospective, injunctive relief is sought, as it is here, we hold that Sheriff Jackson’s 42 U.S.C. § 1983 claim against Morgan County is proper.

A municipality is liable under Section 1983 when its official policy causes a constitutional violation, even if the policy itself is not unconstitutional.

McKinley v. City of Eloy · filed 1983-05-09

Monell requires only that the official policy cause the constitutional violation, not that the policy itself be unconstitutional.

Section 1983 permits municipal liability when a municipality adopts a policy or custom that leads to a constitutional deprivation.

Kellough v. Bertrand · filed 1998-09-25

It is well established that a municipality may be liable for the adoption of a policy or custom that leads to a constitutional deprivation.

Municipal liability under § 1983 requires an unconstitutional policy or custom; respondeat superior alone is insufficient.

Turner v. City of Philadelphia · filed 1998-09-29

Unless the plaintiff can demonstrate the existence of an affirmative policy of the type at issue in Monell, the plaintiff must assert that the municipal defendants followed an unconstitutional custom; no § 1983 liability exists on a respondeat superior theory.

Section 1983 requires an allegedly unconstitutional action carried out pursuant to official municipal policy to plead a claim against a municipality.

Martin v. City of League City · filed 1998-09-30

To properly plead a violation of § 1983 against a municipality, there must have been an allegedly unconstitutional action carried out pursuant to an official municipal policy of some nature.

Under § 1983, municipal liability based on ratification requires prior ratification of the policy that caused the alleged constitutional violation.

Gainor v. Douglas County, Georgia · filed 1998-09-30

Thus, in order to impose liability under a ratification based theory, it is necessary to show prior ratification of the policy giving rise to the action alleged to have violated the plaintiffs federal rights, such that the ratification of that policy could be said to be the moving force behind the alleged constitutional violation.

Section 1983 permits damages suits against municipalities for their own constitutional violations, but does not impose liability solely because they employ the person who violated a right.

Branch v. McGeeney · filed 1998-10-02

While municipalities can be sued for damages under § 1983, they are only liable for their own constitutional violations, and cannot be held liable under a theory of respondeat superior.

Section 1983 requires a plaintiff seeking to hold a municipality liable to establish that the alleged conduct occurred pursuant to a municipal policy or custom.

Battle v. City of Florala · filed 1998-10-06

Instead, in order to recover against a municipality, the Plaintiff must establish that the alleged conduct occurred pursuant to a custom or policy of the municipality.

A Section 1983 claim against a city sufficiently pleads a city policy by alleging that the city provides different benefits to different groups.

Cleaves v. City of Chicago · filed 1998-10-09

Mr. Cleaves asserts that the City provides unmarried homosexual couples with greater rights than unmarried heterosexual couples. Mr. Cleaves has pled a City policy.

Section 1983 permits municipal liability for employees’ unconstitutional acts only when those acts result from a municipal policy, practice, or custom.

Smith v. MONTEFIORE MED. CENTER-HEALTH SERVICES · filed 1998-10-14

Rather, a municipality may only be held liable under § 1983 for the unconstitutional actions of its employees if those acts were the result of a municipal policy, practice or custom.

To establish municipal liability under § 1983 based on a custom, a plaintiff must show a persistent and widespread practice; an isolated failure to investigate a complaint is insufficient.

Gray v. City of Eufaula · filed 1998-10-20

The court finds that the isolated actions of Captain Bradshaw in not returning Plaintiffs’ call or in not investigating Plaintiffs’ complaint are insufficient to establish liability. To establish a policy or custom sufficient to hold the City liable under § 1983, it is necessary to show a persistent and widespread practice.

Section 1983 does not impose municipal liability for a police chief’s discriminatory acts when the chief lacks final authority to set municipal policy.

Villanueva v. City of Fort Pierce, Fla. · filed 1998-10-20

The Court finds, as a question of law, that Chief Mahar was not a final policymaker for the purpose of determining whether discriminatory acts occurred as a result of official custom or policy. For this reason, summary judgment is granted as to Plaintiffs § 1983, and by inclusion § 1981, claims against the City.

Section 1983 requires a plaintiff seeking to hold a county liable for constitutional injuries to allege that the injuries resulted from a county policy.

Reehten v. Buck · filed 1998-10-23

Mr. Reehten&s complaint fails to state a claim for relief against St. Louis County, because he did not allege that his constitutional injuries resulted from any policy of St. Louis County.

Section 1983 does not impose municipal liability when municipal employees have caused no constitutional injury.

Makris v. Salem, NH · filed 1998-10-29

This court has emphasized that even though a person may be harmed in some way through his or her interaction with municipal employees, if that person has suffered no constitutional injuries by these employees, then the municipality itself cannot be liable under section 1983.

Section 1983 permits county liability for a sheriff’s actions when those actions represent official county policy made or approved by an official with final policymaking authority.

Goodwin Ex Rel. Goodwin v. Furr · filed 1998-10-29

The test under federal law is whether the Sheriff and deputies in this ease were representing the official policy of the County through their actions. ... Municipal liability can arise in this instance if (1) the acts were officially sanctioned or ordered (2) by officials with final poKeymaking authority in that area or as determined by state law.

A § 1983 claim against a city may proceed when claims against its officers are dismissed on qualified immunity grounds, because that dismissal does not determine whether the officers’ conduct was constitutional.

Roe v. City of Milwaukee · filed 1998-11-02

However, my dismissal of the claims against the individual officers is not based on the constitutionality of their conduct. Rather, my dismissal is based on the fact that the law surrounding the officers’ conduct was not clearly established. This conclusion does not constitute a determination on the merits of the underlying constitutional claims against the officers or the City.

Section 1983 does not impose municipal liability without proof of a custom or policy that furthered the unconstitutional conduct of individual officers.

Maughon v. Bibb County · filed 1998-11-02

Without proof of a custom or policy that furthered the unconstitutional behavior of individual officers, municipalities are not subject to liability under § 1983.

Section 1983 makes a city liable for an officer’s conduct only if a city policy or custom caused the injury.

Smith v. Watkins · filed 1998-11-05

The City would be liable for Watkins’s conduct only if it had a policy or custom that caused Smith’s injury.

Section 1983 permits municipal liability when a city policy or a deliberately indifferent failure to train causes a constitutional injury.

Swans v. City of Lansing · filed 1998-11-09

Under these circumstances, there is sufficient evidence to support the jury’s findings that the City had adopted policies favoring the use of excessive force by its officers and that the City by its failure to train and deliberate indifference had caused both excessive force and a failure to provide needed emergency medical and psychological care to Edward Swans.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show that a municipal policy or custom caused the constitutional violation.

Bednar v. County of Schuylkill · filed 1998-11-12

In order to sustain a claim against a municipality, a plaintiff must demonstrate that the constitutional violation at issue was caused by “a policy, regulation, or decision officially adopted by the governing body or informally adopted by custom.”

Section 1983 does not make a municipality liable solely for its employees’ misconduct.

Serbalik v. Gray · filed 1998-11-17

Thus, to the extent that plaintiff seeks to hold the Town and/or the County liable pursuant to section 1983 for the alleged misdeeds of its employees, those claims must fail.

Section 1983 requires a claimant seeking to hold a municipality liable for a custom to prove that the custom caused the injury or deprivation of rights.

Judge v. City of Lowell · filed 1998-11-18

A section 1983 claimant cannot recover unless the claimant also proves that the custom caused the resulting injury or deprivation of rights.

Section 1983 requires a direct causal link between a municipality’s policy, practice, or custom and the alleged constitutional violation.

West v. Congemi · filed 1998-11-23

In any case alleging municipal liability under § 1983, the plaintiff must be able to prove a direct causal link between a policy, practice or custom of the municipality being sued, and the alleged constitutional violation.

Section 1983 does not permit county liability based on respondeat superior or vicarious liability.

Binkowski v. Family & Children's Services Agency · filed 1998-12-03

A county cannot be held liable under § 1983 on a theory of respondeat superior or vicarious liability.

Section 1983 permits a claim against a municipality when its policy or custom causes a constitutional deprivation; without a deprivation, the claim fails.

Rogala, Frances v. DC · filed 1998-12-04

A municipality may be sued under Section 1983 for imple- menting or executing a policy or custom that causes the deprivation of an individual's constitutional rights. ... Plaintiffs have not established the deprivation of any consti- tutional right, see supra at Section A, and the Section 1983 claim against the District of Columbia therefore cannot be sustained.

Under § 1983, a municipality may be liable for decisions made by an official with final policymaking authority over those decisions.

Warner v. City of Terre Haute, Ind. · filed 1998-12-08

Thus, Newport’s acts of re-assigning Warner to the records room, changing her shift schedule to nights, and requiring her to remain at her post at the information desk, were all taken by a final policymaker with respect to decisions of that sort.

Section 1983 requires a plaintiff seeking to hold a municipality liable to prove that a municipal policy or custom caused the alleged deprivation.

Trujillo v. Shields · filed 1998-12-11

Rather, in order for a municipality to be held liable under § 1983, a plaintiff must prove that a municipal policy or custom caused the plaintiff’s alleged deprivation.

Section 1983 permits municipal liability for a single unlawful discharge ordered by an official whose decision represents municipal policy.

Rookard v. Health and Hospitals Corporation · filed 1983-06-09

A single unlawful discharge, if ordered by a person “whose edicts or acts may fairly be said to represent official policy,” Monell, 436 U.S. at 694, 98 S.Ct. at 2037, may support an action against the municipal corporation.

Section 1983 permits municipal liability when a policy or custom causes a constitutional deprivation and the plaintiff proves that the policy violates rights, shows deliberate indifference, or reflects a custom of depriving people of their rights.

Griffin v. City of Lafayette · filed 1998-12-16

The plaintiff must prove that the policy in and of itself violates constitutional rights, that the policy evidences a “deliberate indifference” to constitutional rights, or that the municipality has a custom of depriving persons of their constitutional rights.

Section 1983 municipal liability requires a constitutional violation by a municipal employee and a municipal policy or custom that caused the deprivation.

Ellis v. City of Lindsay · filed 1998-12-17

“A plaintiff suing a municipality under section 1983 for the acts of one of its employees must prove: (1) that a municipal employee committed a constitutional violation, and (2) that a municipal policy or custom was the moving force behind the constitutional deprivation.”

Section 1983 does not impose municipal liability for an employee's order to suspend driving privileges when the employee lacked authority to issue it and there is no evidence of a municipal policy or practice.

Gudema v. Nassau County · filed 1998-12-21

It is undisputed that Davis had no authority to suspend Gudema's license or to prevent her from driving anything other than a Department vehicle. And Gudema presented no evidence that there was any general practice or policy on the part of the County, the Department, or Davis to "suspend" the driver's licenses of Department employees who were under investigation.

Section 1983 does not impose municipal liability based solely on a supervisor’s failure to discipline a subordinate; the conduct must establish a municipal policy.

Monfils v. Taylor · filed 1998-12-23

It is well-established that a municipality is not liable under § 1983 unless a loss is caused by a municipal custom or policy. ... What seems clear to us is that the mere fact that a supervisor failed to discipline a subordinate — the argument raised by the plaintiffs, for the City didn’t demote or fire Taylor — does not a municipal policy make.

A municipality cannot be held liable under § 1983 for ratifying an officer’s conduct when the officer committed no underlying constitutional violation.

Lackey v. County of Bernalillo · filed 1999-01-05

Further, Lackey has failed to establish that Thomas committed any constitutional violation. Therefore, the county cannot be held liable for allegedly ratifying Thomas’ conduct.

Section 1983 liability for a school board requires a policy or custom encouraging discrimination or an improper decision by a policymaking official.

Thomas v. Board of Education · filed 1998-12-23

The court also found that Ms. Thomas did not show that defendant could be subject to § 1983 liability on the basis that it had a policy or custom encouraging gender discrimination or could be held liable for any improper decisions of its policymaking officials. ... We have considered her arguments and reviewed the record, and conclude that the district court correctly rejected her claims.

Section 1983 does not impose liability on a municipal entity solely because its employee committed the alleged wrong.

Kelly v. Metro-North Commuter Railroad · filed 1999-01-06

It is well-settled that liability may not be found against a municipal entity under § 1983 based on a theory of respondeat superior.

A municipality is liable under § 1983 only if its policy was the moving force behind the alleged constitutional deprivation.

Thomas v. Roach · filed 1999-01-07

Because Thomas has not shown that any municipal policy was the moving force behind the alleged constitutional deprivation, summary judgment was proper on his § 1983 claim against the City of Bridgeport.

Section 1983 does not permit a claim against a city when its officers committed no constitutional violation.

Carleton v. City of Tulsa · filed 1999-01-13

Finally, plaintiffs’ § 1983 claim against the City must also fail because there was no constitutional violation by the officers.

Section 1983 permits municipal liability when an official with policymaking authority acts in a way that reflects the municipality’s policy; that authority may be inferred from the allegations at the pleading stage.

Welch v. Cook County Clerk's Office · filed 1999-01-14

Plaintiff has alleged facts from which it can be reasonably inferred that Teater and Robinson had the authority to be considered “policy makers,” such that their acts may be deemed to reflect the policy of the Cook County Clerk’s Office, permitting a finding of municipal liability for violation of § 1983.

Section 1983 municipal liability requires a constitutional violation caused by an official municipal policy.

Waller v. Spears · filed 1999-01-14

According to the doctrine of municipality causation, liability under § 1983 can only be shown if the alleged constitutional violations are inflicted by a municipal employee, such as a police officer, pursuant to an official policy of the city.

Section 1983 requires a plaintiff seeking municipal liability to link an official policy or custom to the specific federal injury; unrelated alleged violations do not establish that link.

Carter v. Morris · filed 1999-01-14

Thus, a plaintiff cannot rely upon scattershot accusations of unrelated constitutional violations to prove either that a municipality was indifferent to the risk of her specific injury or that it was the moving force behind her deprivation.

Section 1983 permits municipal liability when a city's inaction shows deliberate indifference to constitutional rights.

Sharp v. The City of Houston · filed 1999-01-21

Such deliberate indifference can serve as the basis of municipal liability under § 1983.

Section 1983 requires a constitutional violation resulting from a municipal custom or policy to establish municipal liability.

Greene v. David · filed 1999-01-22

In order to establish the liability of a municipal entity under § 1983, a plaintiff must show that a constitutional violation resulted from a municipal custom or policy.

Section 1983 requires a municipal policy or custom to be the moving force behind a constitutional violation for the municipality to be liable.

Mettler v. Whitledge · filed 1999-01-25

For a municipality to be liable, a plaintiff must prove that a municipal policy or custom was the "moving force [behind] the constitutional violation."

Section 1983 does not make a municipality vicariously liable for its employees’ unconstitutional acts.

Mettler v. Whitledge · filed 1999-01-25

Under 42 U.S.C. § 1983, a municipality may not be held vicariously liable for the unconstitutional acts of employees.

Section 1983 does not impose vicarious liability on a municipality; an alleged policy or custom must cause the deprivation.

Brewer v. City of Daphne · filed 1999-01-28

Moreover, vicarious liability will not support a § 1983 claim for deliberate indifference to Hobbs’ alleged mental health needs; and even where a policy or custom of deprivation is specifically alleged, causation remains an essential element of the claim.

A municipality is liable under § 1983 only when a municipal custom or policy causes the loss; a supervisor’s failure to discipline a subordinate alone does not establish a policy through ratification.

Monfils v. Taylor · filed 1999-01-28

It is well-established that a municipality is not liable under § 1983 unless a loss is caused by a municipal custom or policy. ... What seems clear to us is that the mere fact that a supervisor failed to discipline a subordinate--the argument raised by the plaintiffs, for the City didn't demote or fire Taylor--does not a municipal policy make.

Section 1983 municipal liability requires sufficient allegations of an unlawful governmental custom or policy; a municipality is not liable solely for its employees’ violations.

Falinski v. Kuntz · filed 1999-01-29

In addition to her claims against individual defendants, Ms. Falinski also named the Hendrick Hudson School District as a municipal defendant in her complaint, but these claims, too, must fail because Plaintiff has not presented sufficient allegations of an unlawful governmental custom or policy to hold the municipality liable for § 1983 violations of its employees.

Section 1983 requires evidence that a municipality caused the constitutional violation; employing the alleged wrongdoer alone does not establish municipal liability.

Harley Ex Rel. Johnson v. City of New York · filed 1999-02-04

A municipality cannot be found liable under 42 U.S.C. § 1983 simply because it employs a tortfeasor. ... Thus, plaintiffs have failed to offer any evidence of municipal liability, and the claims against the City must be dismissed.

Section 1983 requires a plaintiff suing a municipality to allege that a city policy, custom, ordinance, regulation, or decision affected the plaintiff’s civil rights.

Shaw v. City of St. Louis · filed 1983-12-20

To state a cause of action against a municipality under § 1983, it is necessary to allege a policy, custom, ordinance, regulation, or decision of the city that affected the plaintiff’s civil rights.

Section 1983 requires deliberate indifference and a direct causal link for municipal liability.

Board of the County Commissioners of Bryan County v. Brown · filed 1997-04-28

The plaintiff must also demonstrate that, through its deliberate conduct, the municipality was the “moving force” behind the injury alleged.

Section 1983 allows a municipal-liability claim to proceed when an officer’s unconstitutional use of force may have furthered a city policy.

Ruvalcaba v. City of Los Angeles Daryl Gates, Martin Coon, ( 21604) in Both Their Personal and Official Capaciti · filed 1999-02-05

We conclude that the district court’s ruling that Officer Coon’s kicks were unrelated to the City’s dog bite policy was erroneous, and the district court should not have dismissed Ruvalcaba’s claims against Gates and the City.

Section 1983 does not permit a failure-to-train claim against a city when its officers committed no constitutional violation.

Paul v. City of Altus · filed 1999-02-08

We hold that the district court properly followed our instructions on remand, and, having determined that the jury found that the officers did not violate plaintiff’s constitutional rights, properly dismissed plaintiff’s case against the city.

Section 1983 permits municipal liability only when a municipal policy or custom causes the deprivation of a plaintiff’s rights.

Martineau v. Kurland · filed 1999-02-08

Municipal liability under Section 1983 may be imposed only if a municipal “policy” or “custom” caused the plaintiffs injury. ... The defendant municipality is entitled to summary judgment on the Section 1983 claim based upon the failure of the plaintiff to show that a policy or custom existed that led to the deprivation of plaintiffs rights.

Section 1983 permits municipal liability when a city’s inaction shows deliberate indifference to known violations of constitutional rights.

Patrice SHARP, Plaintiff-Appellee, v. CITY OF HOUSTON; Et Al., Defendants, City of Houston, Defendant-Appellant · filed 1999-02-10

The evidence also supports a finding that HPD, although aware of the actions being taken against Sharp, exhibited deliberate indifference to her constitutional rights by its inaction. Such deliberate indifference can serve as the basis of municipal liability under § 1983.

Section 1983 does not impose vicarious liability on municipalities; a claimant must show that the deprivation occurred pursuant to an official policy or a persistent, widespread practice.

Pollard v. City of Dallas, TX · filed 1999-02-17

A municipality cannot be liable for § 1983 violations under a theory of respondeat superior or vicarious liability. ... Pollard must thus establish that this deprivation occurred pursuant to an official municipal policy or as a result of a persistent, widespread practice. ... He has offered no evidence to support this contention, and summary judgment was thus proper on the § 1983 claim.

Section 1983 does not impose municipal liability based solely on respondeat superior.

Garcia v. District of Columbia · filed 1999-02-17

A municipality cannot be held liable under 42 U.S.C. § 1983 based on the theory of respondeat superior.

Municipalities are persons subject to liability under § 1983.

Carney v. City of Shawnee · filed 1999-02-19

Municipalities, such as the City of Shawnee, are considered “persons” to whom section 1983 liability applies.

Section 1983 requires proof of a municipal policy to sustain a claim against a municipality.

Brown v. Middaugh · filed 1999-02-19

A § 1983 plaintiff cannot sustain a claim against a municipality absent proof of a municipal policy.

Section 1983 does not impose municipal or supervisory liability when the officer caused no constitutional injury.

Natal v. City of New Bedford · filed 1999-02-23

Because this Court holds that Turgeon’s use of deadly force did not violate Adorno’s Fourth Amendment rights, it must also grant the summary judgment motions of Tierney, Benoit, and the City.

Section 1983 permits municipal liability when a city custom or policy causes a violation of constitutional rights.

Lauro v. City of New York · filed 1999-02-25

We find that the City of New York condoned and encouraged the perp walk conducted by Det. Charles in this case, and therefore find the City liable under § 1983 for depriving plaintiff of his Fourth Amendment rights under color of law.

Section 1983 permits a municipality’s potential liability for a substantive due process violation to be considered even when the individual officers are not liable.

Estate of Burke v. Mahanoy City · filed 1999-03-03

This court finds that we are required to follow Third Circuit law and examine the possibility of municipal liability under § 1983, although the individual officers have not been held liable in this situation.

Section 1983 imposes municipal liability only when a government policy or custom causes the injury.

Kuriakose v. City of Mount Vernon · filed 1999-03-05

Plaintiffs cannot withstand a summary judgment motion with respect to their § 1983 claims against the City. A municipality is liable under 42 U.S.C. § 1983 only when “the execution of a government’s policy or custom ... inflicts the injury.”

A single failure to discipline an officer does not establish the municipal custom or policy required for § 1983 liability.

Baker v. Willett · filed 1999-03-10

Additionally, plaintiff cannot merely rely on the failure to discipline Willett for this single incident to establish a municipal custom or policy for which the County is liable.

Section 1983 permits damages claims against counties and other municipal governments, but they are not liable solely because their employees committed constitutional violations.

Martino v. Bell · filed 1999-03-17

The County correctly argues that while counties and other municipal governments can be held liable for damages under § 1983, they are not liable under the doctrine of respondeat superior.

Section 1983 requires a plaintiff seeking to hold a city liable to show that its policy or custom caused the injury.

Cuzick v. Cavat Bass · filed 1999-03-18

With respect to Cuzick’s §1983 claims against the City of Covington, Cuzick must show that the execution of the city’s policy or custom inflicted the injury.

Section 1983 permits municipal liability when repeated excessive force complaints put a municipality on notice and its failure to train or discipline the officer shows deliberate indifference.

Nolin v. Town of Springville · filed 1999-03-22

The facts that such a large number of prior settled cases involving excessive force by Isbell exist, that the police department consisted of fewer than five individuals so that all members of the department would know of any claims against Isbell, that use of force training was apparently not required of Isbell after each of these events, and that nodisciplinary action was taken against Isbell after each of these events evinces sufficient deliberate indifference on the part of Springville to excessive force claims against Isbell that a reasonable trier of fact could find Springville liable for Isbell’s actions.

Section 1983 does not require a pattern of constitutional deprivations when a plaintiff challenges a municipal policy or custom itself and claims it caused a deprivation.

Doby v. DeCrescenzo · filed 1999-03-23

When a plaintiff is challenging the constitutionality of a policy or custom itself, Bielevicz does not require him or her to allege a sequence of constitutional deprivations; the claim that the policy resulted in the plaintiff suffering such a deprivation satisfies Monell.

Section 1983 permits municipal liability when a constitutional violation results from a municipal custom or policy; without a constitutional violation, the municipality is not liable.

John Smith, 1 v. Albert Edwards and Town of Fairfield · filed 1999-03-24

Under 42 U.S.C. § 1983, a municipality may be held liable for a constitutional violation if the plaintiff can prove that the violations resulted from a municipality’s customs or policies. ... Because we have held that Smith suffered no constitutional violation, summary judgment must be granted to the Town of Fairfield as well.

A municipality cannot be liable under § 1983 for inadequate training or supervision when the supervised officers committed no constitutional violation.

Green v. Montgomery · filed 1999-03-25

Because the Court has found that the actions of the individual defendants did not violate Green’s constitutional rights, the claim against the municipal defendants cannot be maintained.

A § 1983 claim against a municipality requires sufficient evidence that a municipal policy or custom caused the deprivation of constitutional rights.

Nicholson v. Doe · filed 1999-03-31

Plaintiff has not provided the Court with sufficient factual information creating a triable issue of fact regarding any alleged customs or policies that caused a deprivation of his constitutional rights and, therefore, the § 1983 claims against defendant must be dismissed.

Section 1983 requires a plaintiff suing a school district to show that an official policy or custom caused the deprivation of a federally protected right.

Achman v. CHISAGO LAKES IND. SCHOOL DIST. NO. 2144 · filed 1999-04-02

For Achman’s section 1983 claim against the District to survive summary judgment, he must allege and offer evidence that the District had an official custom or policy that caused a deprivation of a federally protected right.

A § 1983 municipal liability claim fails when its elements are not alleged.

Greer v. ANNE ARUNDEL COUNTY, MD. · filed 1999-04-08

Thus, any and all of Greer’s Fourth Amendment claims fail, including the Payton claim and any municipal liability claim (the elements of which are not remotely alleged).

A sheriff’s deliberately indifferent jail policy may be attributed to the county under § 1983 when the sheriff is the county’s final policymaker for the jail.

Lopez v. Lemaster · filed 1999-04-09

There is evidence sufficient to survive summary judgment showing that Sheriff LeMaster’s failure to provide adequate staffing and monitoring of inmates constitutes a policy attributable to the county, and that he was deliberately indifferent to conditions at the jail.

Section 1983 permits municipal liability only for acts the municipality officially sanctioned or ordered.

Levine v. Fairfield Fire Dept., No. X01 Cv 89 0146670s (Apr. 9, 1999) · filed 1999-04-09

This proposal cannot be adopted because a municipality may be liable pursuant to § 1983 only for acts for which the municipality is actually responsible, that is, acts that the municipality officially sanctioned or ordered.

Section 1983 requires a plaintiff seeking to hold a municipality liable for its employees’ actions to prove that those actions resulted from a municipal custom or policy.

Chimurenga v. City of New York · filed 1999-04-12

To the extent that plaintiff brings such claims under § 1983, the City may not be held liable since a plaintiff who seeks under that statute to recover from a municipality for the actions of its employees must prove that the actions resulted from a municipal custom or policy.

Section 1983 requires a plaintiff suing a municipality to show that an official policy or custom caused the constitutional deprivation.

Kane v. Krebser · filed 1999-04-12

It is well established that in order to sustain a claim against a municipal defendant for relief under § 1983 against a municipal defendant, the plaintiff must show the existence of an officially adopted policy or custom that caused injury and a causal connection between that policy or custom and the deprivation of the constitutional right.

Section 1983 municipal liability requires allegations supporting an inference that an official policy existed.

Williams v. TOWN OF SOUTHINGTON · filed 1999-04-13

When deciding a motion to dismiss, the municipal liability is established only where the misconduct by the policy making official provides a basis for an inference that an official policy exists.

Section 1983 municipal liability requires evidence of a city policy or custom; an unsupported allegation of inadequate officer training is insufficient.

Brown v. Shaner · filed 1999-04-15

In granting the City of Toledo’s Motion for Summary Judgment, the district court in the instant matter held that the plaintiffs presented no evidence upon which a reasonable jury could find that the City had maintained some policy or custom allowing unlawful dwelling entry or the use of excessive physical force during arrest. We agree. First, beyond mere allegation, the plaintiffs offer no evidence to show that the City of Toledo failed to adequately train Shaner and/or Goodlet regarding the law of search and seizure and the use of force in securing an arrest.

Section 1983 does not make a municipality liable solely under respondeat superior or vicarious liability.

Lopez v. Shaughnessy · filed 1999-04-19

The County cannot be held liable pursuant to 42 USC § 1983 based solely upon the doctrine of respondeat superior or vicarious liability.

Section 1983 permits county liability only for the county’s own unconstitutional or illegal policies, not for employees’ tortious acts.

Jennings v. Natrona County Detention Center Medical Facility · filed 1999-04-20

The district court also correctly noted the county could be held liable under § 1983 only for its own unconstitutional or illegal policies, not for the tortious acts of its employees.

Section 1983 permits county liability for the county’s own unconstitutional or illegal policies, but not for its employees’ tortious acts alone.

Cimino v. Rowe · filed 1999-04-20

The district court also correctly noted the county could be held liable under § 1983 only for its own unconstitutional or illegal policies, not for the tortious acts of its employees.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show that the unconstitutional acts were taken pursuant to an official municipal policy, custom, or practice.

Fanelli v. Town of Harrison · filed 1999-04-23

For the Town to be held liable under § 1983, the plaintiff must demonstrate that the defendants’ unconstitutional actions were taken pursuant to an official municipal policy, custom or practice.

Section 1983 does not impose municipal liability based on a single incident by employees below the policymaking level without evidence of a municipal policy or custom.

Clayton v. City of Kingston · filed 1999-04-23

Thus, the single incident here by employees below the policymaking level does not suffice to support an inference of municipal custom or policy.

Section 1983 does not impose municipal liability through respondeat superior; a plaintiff must show fault in a course chosen by municipal policymakers.

Gales v. District of Columbia · filed 1999-04-27

The District of Columbia may not be held liable in a § 1983 suit under principles of responde-at superior, but it could be liable for constitutional torts arising from “action pursuant to official municipal policy,” Triplett v. District of Columbia, 108 F.3d 1450, 1453 (D.C.Cir.1997), if plaintiff could “show fault on the part of the city based on a course its policymakers consciously chose to pursue.” Carter v. District of Columbia, 795 F.2d 116, 122 (D.C.Cir.1986). Ms. Gales had the burden of producing evidence on this point and failed to do so.

A local government is liable under § 1983 only when its policy or custom causes a constitutional violation.

Jacobsen v. State · filed 1999-04-28

For Jacobsen to impose liability on Butte-Silver Bow County, he must show that Butte-Silver Bow County had a policy that amounted to "deliberate indifference" to his constitutional right and that the policy was the "moving force behind the constitutional violation." ... Jacobsen has not established any de facto policy sufficient to avoid summary judgment.

A county may be liable under § 1983 for decisions it has vested an official with final authority to make.

DeLaCruz v. Pruitt · filed 1984-01-06

Lake County delegated and vested final authority and discretion on the actual personnel choices to Mr. Pruitt. His decisions and acts must be viewed as the official acts of Lake County.

Section 1983 requires an allegation that a municipal employee acted pursuant to an unlawful municipal policy or practice to hold the municipality liable; employment alone is insufficient.

Camarano v. City of New York · filed 1984-01-10

Such a claim is insufficient under Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), which requires an allegation that the municipal employee acted pursuant to an unlawful policy or practice maintained by the municipality if the municipality is to be held liable under section 1983.

Section 1983 permits county liability only when a county policy or custom is causally related to a deprivation of constitutional rights.

Hawk v. Brosha · filed 1984-01-11

Therefore, Bucks County may only be held liable if plaintiff can show a policy or custom which is causally related to the deprivation of a constitutional right.

Section 1983 does not impose municipal liability for a custom, practice or policy when the plaintiff suffered no constitutional violation.

Minks v. Pina · filed 1999-04-30

As we have previously held, if the plaintiff suffered no constitutional violation, as a matter of law, no custom, practice or policy could have proximately caused the plaintiffs constitutional rights to be violated.

Section 1983 municipal liability requires a deprivation caused by a municipal custom or policy; respondeat superior alone is insufficient.

Economic Opportunity Commission of Nassau County, Inc. v. County of Nassau, Inc. · filed 1999-05-03

A Section 1983 claim made against a municipality must also allege the deprivation was caused by a custom or policy of the municipality, and may not simply be based on a theory of respondeat superior.

Section 1983 permits municipal liability when the municipality itself causes a constitutional violation through a policy, custom, or failure to train officers.

Dudley v. Eden · filed 1999-05-04

Rather, liability under § 1983 only arises when the municipality itself causes the constitutional violation based on its policies, customs, or failure to train officers.

Section 1983 municipal liability requires the plaintiff to plead and prove that a municipal policy or custom caused the alleged constitutional violation.

Echevarria v. Department of Correctional Services · filed 1999-05-05

Rather, municipal liability in such a case requires the plaintiff to plead and prove that a municipal policy or custom caused the alleged constitutional violation.

Section 1983 requires proof that a municipal policy or custom caused the deprivation of rights to impose liability on a municipality.

Wimmer v. Suffolk County Police Department and Peter F. Cosgrove, Commissioner of Suffolk County Police Department, · filed 1999-05-05

When seeking to impose liability on a municipality, as Wimmer does in this case, the plaintiff must prove that a municipal “policy” or “custom” caused the deprivation.

Section 1983 municipal liability requires a direct causal link between a municipal policy or custom and the alleged constitutional deprivation.

Horrington v. City of Detroit · filed 1999-05-06

Moreover, as Canton makes clear, there must be “a direct causal link” between the alleged municipal policy or custom and the alleged constitutional deprivation.

Section 1983 permits municipal liability when an official policy or custom causes a constitutional deprivation.

Hodsdon v. Town of Greenville · filed 1999-05-06

A municipality may incur Section 1983 liability when its official policies or customs cause a constitutional deprivation.

Section 1983 requires a plaintiff seeking to hold a county liable to show that a county policy or custom caused the deprivation.

Fox v. Van Oosterum · filed 1999-05-10

To establish liability against the county, Fox must demonstrate that the deprivation resulted from a county policy or custom.

Section 1983 does not impose liability on counties for their employees’ actions under a respondeat superior theory.

Fox v. Van Oosterum · filed 1999-05-10

Counties, like municipalities, cannot be held liable under section 1983 on a respondeat superior theory.

Section 1983 permits a claim based on a single unconstitutional act by an official with final municipal policymaking authority.

Belk v. Obion County · filed 1999-05-11

Therefore, one instance of unconstitutional activity by Baker states a cause of action under § 1983.

Section 1983 permits a claim against a city to proceed when the complaint sufficiently alleges that officials with policymaking authority made or ratified the challenged action as city policy.

Edwards v. City of Goldsboro · filed 1999-05-14

The second amended complaint further alleges that the acts complained of and edicts of Chief Hill and City Manager Slozak represent official policy of the City, and that City Manager Slozak’s decision to uphold and ratify Chief Hill’s decision to deny Sergeant Edwards the right to teach the concealed handgun safety course was a final decision of the City. We have no doubt that these allegations are sufficient to avoid a Rule 12(c) dismissal of Sergeant Edwards’ § 1983 claims against the City pursuant to the authority of Monell.

A municipality is liable under § 1983 only when a municipal policy or custom causes the alleged constitutional deprivation.

Hooper v. City of Detroit · filed 1999-05-17

For the reasons set forth immediately below, plaintiff has failed to raise a genuine issue of material fact relating to the existence of any municipal policy, practice or custom which caused the alleged constitutional deprivation.

A municipality may be sued under § 1983 when its officers allegedly acted pursuant to an unconstitutional policy or practice.

Campbell v. Fernandez · filed 1999-05-21

Because it is alleged that the defendants acted pursuant to an unconstitutional policy or practice, there is no basis to dismiss the claim against the City on Monell grounds.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show that the alleged violation resulted from an official policy, custom, or practice.

Fernandez v. DeLeno · filed 1999-05-25

Also, to impose liability against a municipal defendant under § 1983, a plaintiff must show that the alleged violation resulted from an official policy, custom or practice.

Section 1983 municipal liability requires a municipal policy, custom, or practice that caused the deprivation of constitutional rights.

Vlack v. Rye, NH, et al. · filed 1999-05-28

A municipal liability claim under section 1983 must allege that a municipal policy, custom, or practice caused, or was a moving force behind, a deprivation of the plaintiff's constitutional rights.

Section 1983 permits municipal liability through ratification when a final policymaker approves a subordinate’s unconstitutional act; knowledge alone is insufficient.

Christie v. Iopa · filed 1999-06-01

A policymaker’s knowledge of an unconstitutional act does not, by itself, constitute ratification. Instead, a plaintiff must prove that the policymaker approved of the subordinate’s act.

Section 1983 permits municipal liability when an official policy or custom causes a violation of federal rights.

Hardy v. Town of Hayneville · filed 1999-06-08

Therefore, to attribute liability to a municipality under section 1983, a plaintiff must demonstrate that the constitutional violation at issue was caused by an official policy or custom of the municipality.

Section 1983 requires facts supporting a municipal custom or policy that caused the deprivation of a federally protected right to hold a municipality liable.

Gomez v. Larson, No. Cv 98-0084646 (Jun. 8, 1999) · filed 1999-06-08

The plaintiff's complaint is devoid of any facts that would support a claim that the City of Middletown or Board of Education employed a "custom" or "policy" that operated to deprive Mr. Gomez of his federally guaranteed rights. That defect alone warrants summary judgment in favor of the defendants.

Section 1983 requires a plaintiff seeking to hold a municipality liable to allege that the officers’ conduct followed a municipal policy or custom.

Geidel v. City of Bradenton Beach · filed 1999-06-09

Plaintiffs have failed to sufficiently allege that Defendants’ conduct conformed to an official policy, custom, or practice of the City of Bradenton Beach.

Section 1983 requires an underlying constitutional violation by a municipal employee for municipal liability based on failure to train or a municipal custom or policy.

Neal v. St. Louis County · filed 1999-06-09

In order for a municipality to be held liable under § 1983, whether on a failure to train or a municipal custom or policy theory, there must first be a violation of the plaintiff's constitutional rights by the municipal employee (for whom the municipality is presumably liable).

A district can face § 1983 liability without a formal rule when it knows of a pattern of unconstitutional conduct by an employee and fails to act.

Mescall v. Marra · filed 1999-06-11

In order to satisfy this requirement, Mescall need not prove that the District had a formal rule or regulation that caused the constitutional deprivation, ... rather, she need only produce evidence that the District was aware of a pattern of unconstitutional conduct by its employee but failed to take any action.

Section 1983 does not make a municipality vicariously liable for its officer’s actions.

Hullett v. Smiedendorf · filed 1999-06-11

It is well established that St. Joseph cannot be held liable under § 1983 for the actions of Smiedendorf on a theory of respondeat superior or vicarious liability.

Section 1983 requires a plaintiff seeking municipal liability, absent evidence of a municipal policy, to show that responsible supervisors acquiesced in a pattern of unconstitutional conduct.

Dove v. Fordham University · filed 1999-06-14

Absent evidence of a municipal policy (ie., evidence of the policy itself or of the involvement of statutorily authorized policy-making officials), a plaintiff seeking to establish municipal liability under § 1983 can only meet his burden by establishing that responsible supervisory officials acquiesced in a pattern of unconstitutional conduct by subordinates.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show that an official policy or custom caused the alleged constitutional deprivation.

Abdeljalil v. City of Fort Worth · filed 1999-06-22

To prove t hat Fort Worth is liable for Rachall’s inaction, Abdeljalil must show that an official municipal policy or custom caused the constitutional deprivations that she alleges.