42 U.S.C. § 1983

A municipality is liable under § 1983 only if its policy or decision actually caused the constitutional injury; speculative proof of causation is insufficient.

Lekwa v. City of Houston · filed 1999-06-23

Therefore, Lekwa and her children’s purported constitutional injuries have no cause-in-fact link to the policymaker’s decision as required by the case authority we have earlier cited. Consequently, the City of Houston cannot be held liable for Allen’s conduct.

Section 1983 permits municipal liability when a mayor with final policymaking authority chooses to operate and preside over a mayor’s court in a way that deprives a person of due process.

DePiero v. City of Macedonia · filed 1999-06-23

A mayor’s decision whether to hold a mayor’s court at all, and if so, whether to preside over it one’s self, appoint a magistrate, or perhaps do both, are policy decisions addressing the administration of the municipality. We therefore hold that the City of Macedonia is not immune from liability for plaintiffs deprivation of due process.

Section 1983 does not impose municipal liability for failure to train when the officers caused no underlying constitutional injury.

Hoy v. Simpson · filed 1999-06-25

Rather, we affirm the dismissal of these claims because the jury's finding that the sheriff's deputies inflicted no constitutional injury on Brown removed any basis for liability of the County or the Sheriff under section 1983.

Section 1983 requires a complaint against a county to allege that a county policy or practice caused the deprivation of rights.

Buchanan v. City of Kenosha · filed 1999-06-28

Counties cannot be held liable under § 1983 in the absence of proof that the deprivation of constitutional rights was caused by an unconstitutional policy or practice and a § 1983 complaint, like the plaintiffs, which fails to include such an allegation does not state a claim upon which relief can be granted.

A local government is liable under § 1983 only when an official policy or custom causes the constitutional injury; liability cannot rest solely on an employee’s conduct.

Jackson v. Sch · filed 1999-06-29

Jackson has adduced no evidence whatsoever that his alleged injuries stemmed from an official policy promulgated by the board of trustees or from a persistent, widespread practice of District officials and employees of which the board had actual or constructive notice. ... Jackson has produced no evidence, however, that the District’s board of trustees delegated final policymaking authority to Paige. We therefore conclude that the District cannot be liable to Jackson under § 1983.

Section 1983 permits a prima facie municipal liability claim based on a zoning commission’s decision when the commission acts as the city’s policymaker.

Thomas v. City of West Haven · filed 1999-06-29

We conclude that the evidence supports the inference that the actions of the commission, with regard to its consideration of the plaintiffs’ zone change application, constituted a municipal policy of the city, and that, therefore, the plaintiffs had established a prima facie case against the city and the commission.

Section 1983 requires a governmental unit’s policy, custom, or conduct to proximately cause the constitutional violation for the unit to be liable.

Abdeljalil v. City of Fort Worth · filed 1999-06-30

For a governmental unit to be liable under § 1983, the policy, custom, or conduct about which the plaintiff complains must be a proximate cause of the constitutional violation.

Section 1983 permits municipal liability for violations of inmates’ rights when a city fails to supervise its correctional officers.

Newby v. District of Columbia · filed 1999-07-08

Where such conditions obtain, the City itself has clearly violated Plaintiffs constitutional and section 1983 rights. This is so whether the City can be deemed to have endorsed such violative activities or actually participated in them by failing to actively supervise its prison facilities.

Section 1983 generally does not impose municipal liability when the municipality's agent has not deprived someone of constitutional rights.

Lattime v. Seabrook, et al. · filed 1999-07-12

However, where there has been no deprivation of constitutional rights by the municipality's agent, there generally can be no liability on the part of the municipality.

Section 1983 requires facts supporting deliberate indifference to hold a school board liable for an alleged failure to prevent a teacher’s abuse.

Doe v. Vibert, No. Cv-97-048332s (Jul. 12, 1999) · filed 1999-07-12

The Complaint lacks sufficient factual allegations to support the legal conclusion that the Board's conduct constituted a "deliberate indifference" to the plaintiffs rights. Therefore, the Tenth Count fails to state a cause of action under § 1983 against the Board of Education and is hereby ordered stricken.

Section 1983 permits municipal liability when the alleged unconstitutional action implements an official policy or decision; a municipality is not liable solely because it employs the officer.

Staley v. Lingerfelt · filed 1999-07-20

A municipality may be sued for section 1983 violations only if there are allegations that the unconstitutional action “implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers.” ... The municipality may not be held liable on the sole basis of respondeat superior.

Section 1983 requires a claim against a municipality to rest on its own official policy, practice, or custom, rather than respondeat superior.

Horn v. City of Seat Pleasant, Md. · filed 1999-07-20

A local governmental entity cannot be held liable for a violation of § 1983 based on the theory of respondeat superior. See Monell v. New York City Dept. of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Instead, a plaintiff must allege that the local governmental entity is directly liable because of an official policy, practice or custom.

Section 1983 permits municipal liability for police officers’ acts only when they are pursuant to official municipal policy or custom.

Los Angeles Police Protective League v. Gates · filed 1984-01-17

In other words, a city cannot be held liable for its police officers’ acts unless they are pursuant to “official municipal policy.”

Section 1983 claims against a city and its supervisors fail when the underlying claim against the individual officers is dismissed.

Fundiller v. City of Cooper City · filed 1984-01-18

However, because the court must dismiss the underlying claim against the individual police officers, the claim against the City and the supervisory personnel would necessarily fail anyway.

Section 1983 permits municipal liability only when a governmental policy or custom inflicts the injury.

Palumbo v. Orr · filed 1984-01-25

Liability as to the governmental entity can be based only on the execution or promulgation of a policy or custom which inflicts the injury. The Amended Complaint is devoid of any allegation of this sort, and therefore the section 1983 claim against the County of Mercer must be dismissed.

Section 1983 makes a local government liable only for injuries caused by its policy or custom.

Williams v. Lee County Sheriff's Dept. · filed 1999-07-29

A governmental entity is only liable under § 1983 only for injuries caused by a municipal policy or custom.

A municipality may be liable under § 1983 when an unconstitutional act implements an official policy or decision.

Nelson v. Walsh · filed 1999-07-29

In order to hold a municipal entity liable for a § 1983 violation, the plaintiff must prove that the alleged unconstitutional action executes or implements a policy or decision officially adopted or promulgated by those whose acts may fairly be said to represent official policy.

Section 1983 requires a plaintiff suing a municipality to allege facts showing a municipal custom or practice related to the impairment of constitutional rights.

Pollack v. Nash · filed 1999-07-30

The complaint utterly fails to allege any facts constituting a municipal custom or practice related to the impairment of constitutional rights, as § 1983 requires in suits against municipalities.

A municipality is liable under § 1983 for its officers’ rights violations only when they act pursuant to a municipal custom or policy; respondeat superior does not suffice.

Polite v. Town of Clarkstown · filed 1999-08-06

The Town of Clarkstown may not be held liable under 42 U.S.C. § 1983 for the actions of the police officers under the doctrine of respondeat superior. The only basis for liability would involve proof that the police officers committed illegal acts in violation of Plaintiffs’ rights pursuant to a municipal custom or policy.

Section 1983 requires allegations connecting a municipal policy, custom, or practice to the plaintiff’s injury to state a claim against a municipality.

Mosby v. Bell · filed 1999-08-10

Because there are no allegations in the complaint that would support an inference that the City could be held liable for Officer Bell’s actions based on policy, custom, or practice, Mr. Mosby’s § 1983 claim against the City is dismissed.

Section 1983 permits municipal liability for constitutional violations caused by an official policy or custom, but not for an employee’s acts solely on a vicarious liability theory.

Basile v. Elizabethtown Area School District · filed 1999-08-12

Although local governments and governmental entities cannot be sued for vicarious liability as an employer under § 1983, they are not accorded the protection of qualified immunity, and may be held liable for constitutional violations caused by an official policy or custom of the municipality.

Section 1983 requires a plaintiff claiming inadequate municipal training or supervision to show that the municipality’s conscious policy amounts to deliberate indifference to constitutional rights.

Mayo v. MacOmb County, Michigan and Deputy Brossard · filed 1999-08-19

In order to make out a claim against Macomb County, the plaintiff must show that the municipality’s conscious policy regarding training and supervision amounts to deliberate indifference to constitutional rights.

Section 1983 municipal liability cannot rest on a purported custom supported by only one instance of conduct.

Izquierdo v. Sills · filed 1999-08-20

As already rehearsed, one instance of the custom asserted cannot prove the existence of a custom which has the force of law.

A Section 1983 claim against a municipality can survive a motion to dismiss based on a bare allegation that officers acted in accordance with official policy, custom or practice.

Golden v. City of Chicago · filed 1999-08-23

[A] claim of municipal liability under section 1983 is sufficient to withstand a motion to dismiss even if the claim is based on nothing more than a bare allegation that the individual officers’ conduct conformed to official policy, custom or practice. ... Like the Supreme Court, this Court will not cut Golden off at the pass. It may be that when the facts are further fleshed out through such discovery (and perhaps via summary judgment), Golden’s claim against City will indeed succumb for lack of proof— but for now City’s motion is denied, and it is ordered to file its Answer to the AC on or before September 3,1999.

Section 1983 does not impose municipal liability merely because an employee exercises discretion in applying city policy.

Hassell v. City of Chesapeake, Virginia · filed 1999-08-25

With regard to the drafting of the Substance Abuse Policy, the Court FINDS that Darden had the policymaking authority and that Roberts was simply carrying out the policy when she ordered Plaintiff to take the drug test. Roberts did not interpret the City’s substance abuse policy. Rather, she applied the policy to the facts as given to her by Plaintiffs supervisors. This exercise of her discretion does not, without more, give rise to municipal liability.

Section 1983 does not impose municipal liability for excessive force based on failure to train or municipal policy unless the officer is liable on the underlying claim.

Yellowback v. City of Sioux Falls · filed 1999-08-25

A city cannot be liable in connection with an excessive force claim, whether on a failure to train theory or a municipal custom or policy theory, unless the officer is found liable on the underlying substantive claim.

For a pretrial detainee’s medical needs claim under § 1983, municipal liability requires an employee’s constitutional violation committed with subjective deliberate indifference and resulting from a municipal policy or custom maintained with objective deliberate indifference.

Olabisiomotosho v. City of Houston · filed 1999-08-30

To hold a municipality accountable for a violation of constitutional rights, a plaintiff must show: (1) that the municipal employee violated his clearly established constitutional rights with subjective deliberate indifference; and (2) that this violation resulted from a municipal policy or custom adopted and maintained with objective deliberate indifference.

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

Miller v. Kennebec County · filed 1999-08-30

A municipality may incur liability under 42 U.S.C. § 1983 when its official policies or customs cause a constitutional deprivation.

Section 1983 permits municipal liability for an official-capacity act only if the official has final policymaking authority over that act.

Jantzen v. Hawkins · filed 1999-08-31

However, a municipality cannot be liable under §1983 for acts of a municipal official in his official capacity “unless that official possesses final policymaking authority to establish municipal policy with respect to acts in question.”

Section 1983 permits municipal liability for decisions made by a town’s highest officials acting as policymakers.

Welch v. Paicos · filed 1999-09-02

Defendants are the highest elected and appointed officials in the Town of Easton; their actions may fairly be said to be those of the Town, and the Town may be held liable for their decisions.

Section 1983 does not make a governmental entity liable for an employee’s constitutional injury solely because it employed that person.

Brown v. Neumann · filed 1999-09-14

A governmental entity is not liable under § 1983, merely as a matter of respondeat superior, for constitutional injuries inflicted by its employees.

Section 1983 requires a plaintiff seeking to hold a school board liable to show that the board caused the deprivation of federal rights; a facially lawful decision requires deliberate indifference to the risk of that deprivation.

School Board of City of Portsmouth v. Colander · filed 1999-09-17

However, in our opinion, the evidence is insufficient to support a conclusion by reasonable persons that the above-described school board actions reflected the required deliberate indifference to the risk that he would violate the plaintiff's § 1983 rights in the manner alleged. Therefore, we hold, as a matter of law, that the school board did not cause the violation of the plaintiff's § 1983 rights.

Section 1983 permits recovery from a municipality when a municipal policy, regulation, custom, or usage causes the plaintiff’s injury.

Watts v. County of Sacramento · filed 1999-09-21

A plaintiff may recover from a municipality under section 1983 if his injury was inflicted under a city policy, regulation, custom, or usage.

Section 1983 permits municipal liability for a state-created danger when policymakers are aware of a custom or policy and ratify it.

Sciotto Ex Rel. Sciotto v. Marple Newtown School District · filed 1999-09-23

The ratification analysis of municipal liability under the state-created danger theory is different than the "policy, practice, or custom” theory of liability under § 1983 in that it requires only the establishment of a custom or policy and an awareness of that custom or policy among policymakers.

Section 1983 permits municipal liability only when a government policy or custom causes the alleged violation.

Dangler v. New York City Off Track Betting Corporation · filed 1999-09-23

Although liability may be imposed on a municipal entity in an action brought under §1983 only where the alleged violation was caused by the "government's policy or custom," Monell v. Department of Social Services, 436 U.S. 658, 694 (1978), the official-policy requirement is intended simply to distinguish acts of the municipality from acts of its employees, in order that municipal liability be limited to conduct for which the municipality is actually responsible, see Pembaur v. City of Cincinnati, 475 U.S. 469, 478 80 (1986) ("Pembaur").

Section 1983 municipal liability requires a policy or custom that caused the alleged violation, or a decision by a final municipal policymaker.

Smith v. Pepersack · filed 1999-09-24

In attempting to establish municipal liability under § 1983, Smith did not allege an official policy or custom which led to the discriminatory conduct towards her. Nor did she allege specific facts in opposition to sum- mary judgment that demonstrated that either Pepersack or Ogle was a final policymaker for the County in personnel matters.

Section 1983 permits a claim against a county for its own policy even when a federal agency approved that policy.

Community Health Care Ass'n of New York v. DeParle · filed 1999-09-27

Here, County defendant adopted a policy, authorized by the HCFA, which did not guarantee reasonable cost reimbursement in Medicaid managed care contracts and did not allow for its election. Plaintiffs allege that this deprived FQHCs of reasonable cost reimbursements to which they were entitled under federal law. They have sufficiently alleged a violation of § 1983.

A county’s liability under § 1983 requires a county policy or custom that caused the alleged constitutional deprivation.

Anderson v. Franklin Cty., MO · filed 1999-09-21

Our review of the record leads us to the same result as that reached by the district court: Nothing in the record establishes that a county policy caused the constitutional deprivations allegedly suffered by appellant.

Section 1983 requires a plaintiff seeking to hold a municipality liable for a pretrial detainee’s medical care to show an employee’s subjective indifference and a municipal policy or custom maintained with objective deliberate indifference.

Olabisiomotosho v. City of Houston City of Houston P. J. Bartlett K. L. Richards Rene Bertrand · filed 1999-09-29

To succeed in holding a municipality liable, the plaintiff must demonstrate a municipal employee’s subjective indifference and additionally that the municipal employee’s act “resulted from a municipal policy or custom adopted or maintained with objective deliberate indifference to the [plaintiff]’s constitutional rights.”

Section 1983 permits a school district to face liability for a policy or custom condoning teachers’ excessive force even when the individual teacher’s conduct does not shock the conscience.

Kurilla v. Callahan · filed 1999-09-30

That Callahan’s conduct does not shock the conscience does not necessarily reheve Mid-Valley School District of liability under 42 U.S.C. § 1983.

Section 1983 does not make a municipality liable for a subordinate official’s acts when the official lacks final policymaking authority and no unconstitutional custom is shown.

Miller v. Kennard · filed 1999-10-01

Miller has not submitted evidence supporting his argument that Undersheriff Bell is a policy maker for the Sheriffs Office, and it is evident that Bell’s decisions are limited by policies approved by Sheriff Kennard and subject to review by the Sheriff. Furthermore, Miller has failed to demonstrate a custom or usage of unconstitutional retaliation. Therefore, if the court finds at trial that Bell violated Miller’s constitutional rights, Salt Lake County is not liable for Bell’s acts.

Section 1983 requires evidence that a municipal policy or practice caused the alleged misconduct before the municipality can be held liable.

Ryan v. Carroll · filed 1999-10-05

That alone would compel dismissal of the claim against New Rochelle under Monell v. Dept. of Soc. Servs. of the City of New York, 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), since there is no evidence that the leak was made pursuant to any policy or practice of the City of New Rochelle.

Section 1983 permits local government liability only when action pursuant to official policy causes a constitutional tort.

Mendoza v. City of Rome · filed 1999-10-05

A local government cannot be held liable under § 1983 “unless action pursuant to official policy of some nature caused a constitutional tort.” ... The court, of course, already has found that the actions of the respective defendant officers and deputies did not violate plaintiffs’ constitutional rights; naturally it follows that plaintiffs’ Monell claims cannot have merit.

Section 1983 does not impose liability on a school corporation for an employee’s alleged constitutional violation without a causal link to the corporation’s policy, custom, or authorization.

Higginbottom Ex Rel. Davis v. Keithley · filed 1999-10-06

In all, we find no basis on the record before us to conclude that the School Corporation’s alleged policy, custom, or ex post facto authorization of Brunson’s conduct visited the alleged constitutional wrong upon plaintiffs.

Section 1983 permits municipal liability without a finding of individual liability when the alleged injury is not solely attributable to the named individual defendants.

Barrett v. Orange County Human Rights Commission · filed 1999-10-07

We agree with our sister circuits that under Monell municipal liability for constitutional injuries may be found to exist even in the absence of individual liability, at least so long as the injuries complained of are not solely attributable to the actions of named individual defendants.

Section 1983 permits a claim against a municipality only when the constitutional violation results from a municipal policy or practice.

Birmingham v. Ogden · filed 1999-10-08

Plaintiff has asserted claims against the City of Middletown. It is axiomatic that no such claim will lie in the absence of evidence that plaintiffs constitutional rights were violated pursuant to a policy or practice of the municipality.

Section 1983 requires a plaintiff seeking to hold a municipality liable to identify a municipal policy or custom from which the alleged injury arose.

Tenenbaum v. Williams · filed 1999-10-13

In order for a court to impose liability on a municipal defendant under § 1983, the plaintiff must identify a municipal “policy” or “custom” from which the alleged injury arose.

Section 1983 does not make a county liable for mere negligence in oversight.

Smith v. Harris County · filed 1999-10-14

Nor may it be held liable under § 1983 for mere negligence in oversight.

Section 1983 municipal liability requires more than a policy that puts an employee in a position to commit a constitutional tort; the plaintiff must show causation.

Cain v. Rock · filed 1999-10-14

It is simply not sufficient, for § 1983 purposes, to show that a municipal policy put an employee in the position to commit a constitutional tort.

Section 1983 does not make a municipality liable solely for an employee’s conduct; municipal policy or custom must cause the deprivation of rights.

Hopp v. City of Pittsburgh · filed 1999-10-14

In light of Monell and its progeny, this instruction was erroneous because it suggested that the City could be held liable under the doctrine of respondeat superior and therefore failed to inform the jury that the City could be held liable for the oral examination panels' decisions only if the city "caused the deprivation of rights at issue by policies which affirmatively command that it occur." Jett, 491 U.S. at 737.

Section 1983 municipal liability requires a policy or custom that caused the constitutional deprivation; conclusory allegations of a policy do not establish liability.

Medley v. City of Amarillo TX · filed 1999-10-12

Medley’s allegations of “policy” are conclusional and are thrown into his complaints and other pleadings as nothing more than a device to attempt to establish respondeat superior liability.

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

Barfield v. City of Seattle · filed 1984-01-26

A municipality cannot be held liable under section 1983 on a respondeat superior theory.

Section 1983 does not impose municipal liability merely because the municipality employed the person who caused the constitutional injury.

Armstead v. Town of Harrison · filed 1984-01-27

Causation may not be shown by proof that a municipality simply employed a tortfeasor.

Section 1983 does not permit municipal liability based solely on respondeat superior; the alleged injury must result from a municipal policy or custom.

Graves v. Wayne County · filed 1984-01-30

It is clear to the Court, however, that 11 21 is seeking recovery under 42 U.S.C. § 1983 under the theory of respondeat superior. As such, it fails to state a cause of action and will be dismissed.

A municipality is liable under Section 1983 only when the alleged deprivation of rights results from its custom, pattern, or practice.

Shelby v. City of Atlanta · filed 1984-01-31

It is well settled law that a municipality, such as the City of Atlanta, cannot be held liable under 42 U.S.C. § 1983 absent a showing that the alleged deprivation of rights was the result of a custom, pattern or practice of the municipality.

Section 1983 permits a claim against a municipality when its own act, omission, policy, custom, or practice proximately causes an employee to harm the plaintiff.

Padilla v. D'Avis · filed 1984-02-01

Absent some formally promulgated standard of conduct (such as an ordinance or administrative regulation), a Section 1983 cause of action against a municipality must be grounded on some direct municipal act or omission or some municipal policy, custom or practice that in either event proximately caused the employee tortfeasor to inflict the harm on the plaintiff.

Section 1983 does not impose liability on a police chief or city under respondeat superior.

Caplinger v. Carter · filed 1984-02-02

Police Chief Fred Howard and the City of Topeka cannot be liable in a 42 U.S.C. § 1983 (1976) action under the traditional theory of respondeat superior.

Section 1983 permits direct suits against local governments for monetary, declaratory, or injunctive relief when the challenged unconstitutional action implements an official policy, ordinance, regulation, or decision.

Morris v. City of Danville · filed 1984-02-03

Under Monell v. Dept, of Social Services, 436 U.S. 658, 690, 98 S.Ct. 2018, 2035, 56 L.Ed.2d 611 (1978), local governments such as the City of Danville may be sued directly under § 1983 for monetary, declaratory, or injunctive relief, provided the alleged unconstitutional action “implements or executes a policy statement, ordinance, regulation, or decision adopted and promulgated by that body’s officers.”

Section 1983 municipal liability requires evidence that a municipal custom or policy was the moving force behind the alleged deprivation of a constitutional right.

Blaisdell v. Rochester, NH, et al. · filed 1999-10-19

More is necessary to establish that a municipal custom or policy was the moving force behind the alleged deprivation of a constitutional right.

Section 1983 does not impose failure-to-train or policy liability on a township when its officer committed no constitutional violation.

Adams v. Township of Champion, Ohio · filed 1999-10-21

Where Defendant Boyle did not violate Plaintiffs’ Fourth Amendment rights, the Township cannot be held liable for a failure to train and/or failure to maintain a policy preventing unlawful arrest.

Section 1983 does not make a municipality vicariously liable for its employees’ constitutional torts.

Bedford v. City of Mandeville · filed 1999-10-28

Under 42 U.S.C. § 1983 a municipality cannot be held vicariously liable for the constitutional torts of its employees.

Section 1983 requires a plaintiff suing a school district or school board to show that its official policy or custom caused the alleged constitutional violation.

Soper v. Hoben · filed 1999-11-02

In order for plaintiffs to prevail on their § 1983 claim against the HVPS District and the HVPS Board, they must establish that the HVPS official policy or custom caused the alleged constitutional violation.

Section 1983 liability for a jail’s denial of medical care requires evidence of a jail policy; allegations against the sheriff alone do not establish one.

Callicutt v. Panola County Jail · filed 1999-11-05

Besides mere allegations against the Sheriff, Callicutt also fails to show any evidence demonstrating a Jail policy to deprive detainees of medical care.

Section 1983 does not impose municipal liability when no individual committed an underlying constitutional violation.

Grayson v. Peed · filed 1999-11-05

As there are no underlying constitutional violations by any individual, there can be no municipal liability.

A municipality can be liable under § 1983 for inadequate policies or failure to train only when the failure amounts to deliberate indifference.

Wardell v. City of Chicago · filed 1999-11-22

Municipalities can be held liable for “inadequate policies” or “failure to train” only where “the failure ... amounts to deliberate indifference.”

Section 1983 does not permit judgment against a municipal defendant without a constitutionally cognizable injury, even when the plaintiff challenges official policies.

Williams v. Lehigh Department of Corrections · filed 1999-11-22

While there is no doubt but that plaintiff is challenging official policies, as there was no constitutionally cognizable injury to him, Monell and its progeny preclude judgment against the Department of Corrections.

Section 1983 liability against a police chief requires a role in the alleged violation, while liability against a city requires an identified policy from which the violation resulted.

Chiles v. Windham · filed 1999-11-24

Chiles does not articulate any role of the police chief which would support liability, and he fails to identify the policy of the Fort Worth police department from which the alleged violations resulted.

Section 1983 requires a plaintiff seeking to hold a county liable to plead facts linking the county’s own policy or custom to the alleged injury.

Jackson v. Hamilton County Commissioners · filed 1999-11-29

Yet, Plaintiffs Complaint fails to meet the “official policy” requirement as stated in Pembaur that would allow a § 1983 action to proceed against the county based on a direct liability theory for actions taken by the municipality itself.

Section 1983 permits county liability when a constitutional violation is caused by county policy or custom, including a decision by an official with final policymaking authority.

Orr v. Trumbull County · filed 1999-12-07

To establish liability against Trumbull County, the Plaintiff must demonstrate that the alleged violation of his First Amendment rights was caused by a county policy or custom. ... Therefore, when Sheriff Altiere terminated the Plaintiff, his action may reasonably be described as the “official policy” of Trumbull County.

Section 1983 requires a plaintiff suing a municipality to plead facts supporting a municipal policy or custom that caused the alleged constitutional violation.

Looper Maintenance Service Inc. v. City Of Indianapolis · filed 1999-12-13

Thus, in order for a claimant to prevail on a Section 1983 claim against a municipal corporation, he or she must establish that the violations were part of a custom or policy of the municipality. ... Looper failed to plead facts sufficient to allow a reasonable inference that the City's and IPHA's failure to send him bid notification cards resulted from an unconstitutional policy of discriminating against him based on race, and therefore, we are of the opinion that the district court properly dismissed Count II of Looper's third amended complaint for failing to state a claim upon which relief can be granted.

A § 1983 claim against a municipality must allege that a municipal policy or custom caused the unconstitutional activity.

Farrell v. Child Welfare Administration · filed 1999-12-15

In bringing a §§ 1981, 1983, or 1985 claim against a municipality, a plaintiff must allege that the municipality implemented and adopted a “policy statement, ordinance, regulation, or decision” or established or acquiesced in a custom that caused the unconstitutional activity.

Section 1983 requires a plaintiff seeking to hold a municipality liable for an employee’s unconstitutional act to show that the injury resulted from a municipal custom, policy or practice.

Dunbar v. County of Saratoga · filed 1999-12-15

To establish municipal liability for unconstitutional acts by its employees, a plaintiff must show that the violation of his constitutional rights resulted from a municipal custom, policy or practice.

An official-capacity § 1983 claim against a county fails without proof that a county policy or custom caused the alleged constitutional violation.

Wyatt v. Krzysiak · filed 1999-12-16

Both parties further agree that New Castle County may not be sued under § 1983 because there is no proof that the alleged constitutional violation involved a policy or custom. ... Therefore, the Court also grants summary judgment as to Claim I in favor of Krzys-iak, insofar as it alleges that Krzysiak acted in his official capacity.

Section 1983 does not allow a local government to be held liable on a theory of respondeat superior.

Pisciotti v. County of Wayne · filed 1999-12-21

A local government cannot be held liable under § 1983 on a theory of respondeat superior.

Municipal liability under § 1983 requires a municipal policy or custom that causes the constitutional violation.

Goff v. City of Tulsa · filed 1999-12-23

A municipality does not incur liability under § 1983 “unless action pursuant to official municipal policy of some nature caused a constitutional tort.”

Section 1983 permits municipal liability only for deprivations of rights caused by a municipal policy, practice, or custom.

Lang v. City of Round Lake Park · filed 2000-01-04

Municipal liability under § 1983 is limited to those deprivations of rights caused by action taken pursuant to a policy, practice, or custom of the municipality.

Section 1983 requires an established municipal policy or custom for a claim against a municipality based on its employees’ conduct.

Shaw v. Neece · filed 1984-02-10

We further hold that the claim against Appellee City of Colorado Springs was properly dismissed because the alleged conduct by the individual appellees is not part of an established city policy or custom.

Section 1983 permits a municipal hospital to be held liable for its failure to provide a required pretermination hearing.

Vinyard v. King · filed 1984-02-16

As a municipal hospital, the hospital is liable under section 1983 if it “was in a position of responsibility, knew or should have known of the misconduct, and yet failed to act to prevent future harm.” ... Here the hospital is liable for its failure to provide a pretermination hearing to determine if cause was present before Mrs. Vinyard’s discharge.

Section 1983 requires evidence that a municipal policy or custom was the moving force behind the alleged constitutional violation to hold a city liable.

Russo v. City of Cleveland, Unpublished Decision (1-6-2000) · filed 2000-01-06

In the present case, however, Russo failed to offer any evidence that a governmental policy or custom was the driving or "moving force" behind the alleged assault by Gugliotta. Construing Russo's claims in his favor, there is no viable avenue under which the City may be found liable under Section 1983.

Section 1983 does not make a municipality liable solely for an employee’s conduct; the plaintiff must show that a municipal policy or custom caused the injury.

Tanner v. City of Federal Way · filed 2000-01-18

As to Tanner’s claim under 42 U.S.C. § 1983, a municipality may not be held liable for an injury caused solely by its employees or agents. ... A municipality can be liable only if the plaintiff shows that the injury was inflicted as the result of a government’s policy or custom.

Section 1983 permits a claim against a school board when its deliberate indifference amounts to a custom of inaction that causes a constitutional deprivation.

Massey v. Akron City Board of Education · filed 2000-01-19

These facts are sufficient to support a jury finding that such deliberate indifference reflects a custom of inaction that was a “moving force” in the constitutional deprivation.

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

Mosley v. Reeves · filed 2000-01-21

To impose liability upon a municipality under 42 U.S.C. § 1983, a civil rights plaintiff must demonstrate that the conduct complained of is attributable to an unconstitutional official policy or custom.

A § 1983 claim against a municipality cannot rest on vicarious liability alone; it must allege a municipal policy or custom that deprived the plaintiff of a constitutional right.

Henderson v. Village of Dixmoor · filed 2000-01-27

Thus, the complaint — which alleges only vicarious liability — does not plead facts sufficient to state a claim for violation of § 1983 against the Village.

Section 1983 makes a city liable only when the city itself caused the constitutional violation.

Stewart v. City/County Denver · filed 2000-01-28

The City is liable only if the City itself caused the constitutional violation at issue.

Section 1983 requires evidence of an official policy or custom causing a constitutional violation to hold municipal defendants liable.

Ellsworth v. City of Gloversville · filed 2000-02-03

Also, plaintiff failed to make any evidentiary showing of a custom or policy of defendants which results in a violation of constitutional rights evidencing the total lack of a legitimate claim under 42 USC § 1983.

Section 1983 requires a municipal policy or custom to hold a municipality liable for damages.

Barwood Inc v. DC · filed 2000-02-04

Although plaintiffs also seek damages, they have never alleged that the District has adopted a "policy or custom" of enforcing its taxi regulations by means of crashing autos into each other, as would be required for municipal liability under s 1983.

A municipality may be liable under § 1983 for an employment decision made by an official to whom it delegated final policy authority over terminations.

Schlimgen v. City of Rapid City · filed 2000-02-04

In determining whether the mayor is a final policymaker for § 1983 liability, the key question is whether Rapid City delegated to the mayor its power to establish final employment policy with respect to the discharge of executive branch employees. ... Thus, as a matter of law, McLaughlin is an official policymaker with regard to the termination of Schlimgen.

Section 1983 requires evidence that a county policy or practice caused a constitutional violation to sustain a claim against the county.

Hodoh-Drummond v. Summit County · filed 2000-02-04

Because Plaintiff Hodoh-Drummond fails to produce evidence showing a constitutional injury and fails to produce evidence showing the County Defendants had a policy or practice that caused a constitutional violation, no genuine issue survives for trial regarding the § 1983 claim.

Section 1983 requires a municipal policy or custom for municipal liability.

Barwood, Inc.,appellees v. District of Columbia,appellants · filed 2000-02-04

Although plaintiffs also seek damages, they have never alleged that the District has adopted a “policy or custom” of enforcing its taxi regulations by means of crashing autos into each other, as would be required for municipal liability under § 1983.

Under Section 1983, a sheriff’s decision can constitute county policy when the sheriff has final policymaking authority over law enforcement.

Williams v. Kaufman County · filed 2000-02-07

The decision and act of Sheriff Harris to strip search all of the Plaintiffs because of their mere presence at the Club and to detain the Plaintiffs up to four hours while the strip searches took place was the official policy, practice, or custom of Kaufman County, because Sheriff Harris was the final policymaker in the area of law enforcement.

Section 1983 permits municipal liability only when the alleged deprivation results from the municipality’s policy, practice, or custom.

Calloway v. Boro of Glassboro Department of Police · filed 2000-02-08

It is well-established that there is no general municipal respondeat superior liability under 42 U.S.C. § 1983; rather, a municipality may be liable only when the alleged deprivation resulted from a policy, practice or custom of the governmental entity.

A police chief’s actions in referring a case for prosecution do not impose liability on the city under § 1983 when the chief lacks final policymaking authority over prosecutions.

Collins v. Doyle · filed 2000-02-11

In sum, because we hold as a matter of law that Doyle was not the official policymaker for purposes of initiating the prosecution against Collins, the City of Harahan, and Doyle, in his official capacity, cannot be held liable under section 1983 for these actions.

Section 1983 requires evidence that a municipality’s official policy was the moving force behind the alleged constitutional violation to hold the municipality liable.

May v. City of Durham · filed 2000-02-15

Plaintiff’s § 1983 claim against the City of Durham fails on its face. Plaintiff presents no evidence of any official policy on the part of the City of Durham which would allow the inference that the City of Durham was the moving force behind the alleged constitutional violation.

Section 1983 does not impose liability on local government defendants under a respondeat superior theory.

Gordon v. City of New Orleans · filed 2000-02-15

Although defendants Jefferson Parish Sheriff’s Office, the 24th Judicial District Court, and the Cities of New Orleans and Gretna may be considered “persons” within the meaning of § 1983, such defendants may not be held liable under a respondeat superior theory.

Section 1983 permits municipal liability only for the municipality’s own acts; respondeat superior liability does not apply.

Walters v. City of Andalusia · filed 2000-02-16

Under § 1983, there is no respondeat superior liability. Thus, a municipality may not be sued under § 1983 for the acts of others but, rather, only for its own acts.

A municipality is liable under § 1983 only if an underlying constitutional violation exists and a municipal policy or custom directly caused the injury.

Katz v. City of Aurora · filed 2000-02-18

Thus, Katz first must show an underlying constitutional violation. He also must show 1) the existence of a municipal policy or custom, and 2) that there is a direct causal link between the policy or custom and the injury alleged.

A municipality is liable under § 1983 only when its policy or custom is the moving force behind the plaintiff’s injury; an employee’s act alone is insufficient.

Tanner v. City of Federal Way · filed 2000-02-23

As to Tanner's claim under 42 U.S.C. sec. 1983, a municipality may not be held liable for an injury caused solely by its employees or agents. ... A municipality can be liable only if the plaintiff shows that the injury was inflicted as the result of a government's policy or custom. ... Tanner has not shown that Federal Way was the "moving force" behind Wohl's single act of filing the suit in the wrong court.

A municipality is liable under § 1983 only when a violation of federally secured rights occurs pursuant to an official policy or custom.

Huskey v. City of San Jose Joan Gallo George Rios Ralph Greene · filed 2000-02-24

A municipality may be liable under § 1983 only if (1) the plaintiff suffered a deprivation of rights secured to him by the constitution and laws of the United States and (2) the violation occurred pursuant to an official policy or custom.

Section 1983 permits a claim against a city when it knew of a pattern of officers’ unconstitutional conduct and failed to stop it.

Simmons v. Justice · filed 2000-02-25

Viewing these allegations in the light most favorable to him, the Plaintiff has alleged the City of Spindale knew about these improper acts and failed to put a stop to them. Therefore, Plaintiff has stated a viable § 1983 claim against the City of Spindale.

Section 1983 does not impose municipal liability for a single unauthorized search without a municipal policy, custom, or decision by a final policymaker.

Grow v. City of Milwaukee · filed 2000-02-25

The department’s alcohol testing rule does not include a policy endorsing entering or searching residences without consent. Additionally, plaintiffs have presented no evidence that this entry and search was one of a series of incidents amounting to a permanent and well-settled unconstitutional practice. Plaintiffs have shown only a single instance of misconduct by officers not in policy-making positions.

A county cannot be liable under § 1983 when none of its officers deprived the plaintiff of a constitutional right.

Scott v. Clay County, Tennessee Chinn Anderson Billy Pierce Michael Thompson · filed 2000-03-01

Nevertheless, our conclusion that no officer-defendant had deprived the plaintiff of any constitutional right a fortiori defeats the claim against the County as well.

Section 1983 does not impose municipal liability through respondeat superior; the plaintiff must show a municipal policy or custom.

MacFarlane v. Village of Scotia, NY · filed 2000-03-03

Municipalities cannot be held liable under § 1983 based on the theories of respondeat superior or vicarious liability. ... Plaintiff has failed to set forth any allegations that he was deprived of his constitutional rights pursuant to an unconstitutional municipal custom or policy.

Section 1983 does not make a municipality vicariously liable; the municipality must cause the constitutional injury through its own policy or custom.

Stewart v. Robinson, et al. · filed 2000-03-07

It is well established that a municipal entity cannot be held liable under 42 U.S.C. § 1983 on a theory of respondeat superior or vicarious liability; the municipality itself must proximately cause the constitutional injury, through the promulgation (or tacit approval) of a municipal policy or custom.

Section 1983 makes a municipality liable for an injury caused by its policy or custom, including a decision by an official with final policymaking authority under state law.

Abbott, Jodie v. Village Winthrop · filed 2000-03-08

In order to find a municipality liable under sec.1983, the plaintiffs must prove that a municipal policy or custom caused their injury. ... Thus, consistent with these authorities, we find that the final policymaking authority to authorize the connection of a telephone line to the 911 system rested with the ETSB and not the police chief.

Section 1983 does not make local governments vicariously liable for employees’ acts; a claim requires a direct causal link between a municipal policy or custom and the constitutional violation.

Hell's Angels Motorcycle Corp. v. County of Monterey · filed 2000-03-13

Local governments are not vicariously liable under section 1983 for acts of their employees; in order to state a claim, plaintiff must allege a direct causal link between a municipal policy or custom and the constitutional violation at issue.

A § 1983 municipal liability claim survives a motion to dismiss when the complaint sufficiently alleges a municipal policy or custom and a causal connection to the plaintiff’s injury under liberal pleading standards.

Hughes v. City of Hartford · filed 2000-03-15

However, given the liberal pleading standards articulated in Leatherman, and that Court’s reminder that unmeritorious claims may be weeded out “sooner rather than later” through control of discovery and summary judgment, 507 U.S. at 168, 113 S.Ct. 1160, the Court concludes that Counts Three and Five are sufficiently pled to survive a motion to dismiss.

Municipalities may be liable under § 1983 for employees’ actions taken pursuant to municipal policy.

Dunton v. County Of Suffolk · filed 1984-02-28

However, since the Supreme Court's decision in Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), municipalities can be held liable under section 1983 for employees' actions taken pursuant to municipal policy.

A municipality is liable under § 1983 when its policy or custom causes a constitutional deprivation, or when inadequate supervision or training amounts to culpable negligence or deliberate indifference.

Martini v. Russell · filed 1984-03-07

A municipality may only be held liable under § 1983 if: (1) Some official policy or custom is responsible for the alleged deprivation of constitutional rights; or (2) a failure of supervision or lack of a training program is so severe that it reaches the level of “culpable negligence” or deliberate indifference to the deprivation of the plaintiff’s constitutional rights.

Section 1983 municipal liability based on police training requires evidence of the city’s policies or training methods.

Williams v. Solomon · filed 2000-03-16

... Williams’ claims fail because, as the City notes, Williams has produced no evidence with regard to the City’s policies or police training methods.

Section 1983 permits liability against a school district for actions taken by an official to whom the district delegated final authority over the challenged decision.

Seamons v. Snow · filed 2000-03-20

Because of this delegation of authority, the school district can be held liable for Coach Snow’s actions on team membership.

Section 1983 permits school district liability when a principal responsible for discipline knowingly acquiesces in a teacher’s unconstitutional conduct, creating a district policy or custom.

Rabideau v. Beekmantown Central School District · filed 2000-03-23

By virtue of her position, she was directly responsible for discipline in her school and supervision over the teachers. ... Principal Murdock’s knowledge of her subordinate’s behavior and acquiescence, if not direct participation, in the conduct amounts to a custom or policy attributable to the District.

Section 1983 permits a county to be held liable for constitutional deprivations caused by a prison health contractor’s policies or customs despite delegating medical care to that contractor.

Andrews v. Camden County · filed 2000-03-28

When contracting for prison health services, a county or municipality still remains liable for constitutional deprivations caused by the policies or customs of the health service.

Section 1983 does not impose municipal liability for an inadequate officer background investigation without an intentional policy or deliberate indifference.

Carter v. Glenn · filed 2000-03-29

But even assuming that Carter had shown that the background investigation conducted by Woods was inadequate, this does not rise to the level of an intentional and deliberate policy. ... Such errors or omissions, even if proved, do not constitute gross negligence or deliberate indifference, and claims based upon them are not appropriate for resolution under 42 USC § 1983.

Section 1983 permits municipal liability for employees’ unconstitutional acts when a municipal custom or policy caused the violation.

McSween v. Edwards · filed 2000-03-29

A municipality and its supervisory officials may be held liable under 42 U.S.C. § 1983 for unconstitutional acts by non-supervisory employees, if the Florence can establish that “the violation of his constitutional rights resulted from a municipal custom or policy.”

Section 1983 permits municipal liability only when an official policy or custom causes a constitutional injury, not solely because a municipal employee committed the act.

L.T. Ex Rel. Hollins v. City of Jackson · filed 2000-03-31

Under § 1983, a municipality cannot be held vicariously liable for the constitutional torts of its employees or agents; liability only arises when the execution of an official policy of custom of the municipality causes the constitutional injury.

Section 1983 claims against a municipality fail when its officers’ alleged excessive force did not violate a constitutional right.

Stout v. Bingeman · filed 2000-04-04

Because Stout's excessive force claim against the officers fails, Stout's claims against the City of Roanoke necessarily fail.

Section 1983 permits municipal liability when a policy or custom causes a constitutional deprivation, or when deficient supervision or training reaches gross negligence or deliberate indifference.

Bowman v. City of Middletown · filed 2000-04-04

To recover against a municipality in a Section 1983 action, the plaintiff must establish that (1) the municipality had a policy or custom that was responsible for the alleged deprivation of constitutional rights, or (2) that a failure of supervision or lack of training is “so severe as to reach the level of ‘gross negligence’ or ‘deliberate indifference’ to the deprivation of plaintiffs constitutional rights.”

Section 1983 requires a plaintiff seeking to hold a municipality liable to show that an official custom, policy, or practice caused the deprivation of federal rights.

Santiago v. C.O. Campisi Shield 4592 · filed 2000-04-05

In order to state a claim against a municipality or municipal agency, plaintiff must present evidence that the alleged deprivation of his constitutional rights was caused by an official custom, policy or practice.

Section 1983 permits municipal liability for an employee’s unconstitutional acts when a municipal custom or policy is the moving force behind the violation.

Wilson v. David Spain, Mike Jones · filed 2000-04-05

A municipality may be liable under § 1983 for the unconstitutional acts of its employees if some custom or policy of the municipality was the moving force behind the constitutional violation.

Section 1983 permits municipal liability for a non-policymaking employee’s actions only when those actions were taken pursuant to an official municipal policy.

Paige v. Cochran · filed 2000-04-11

A municipality may be liable under 42 U.S.C. § 1983 for the actions of non-policymaking employees only if those actions were taken pursuant to an official policy of the municipality.

Section 1983 requires a plaintiff seeking to hold a municipality liable for an employee’s unconstitutional acts to show that a municipal custom or policy caused the violation.

Menes v. CUNY University of New York · filed 2000-04-12

In order to establish the liability of such defendants in an action under § 1983 for unconstitutional acts by such employees, a plaintiff must show that the violation of his constitutional rights resulted from a municipal custom or policy.

A § 1983 claim against a county requires proof that an official policy or custom caused the denial of a constitutional right.

Zucker v. County of Westchester · filed 2000-04-17

The trial court erred in submitting the 42 USC § 1983 cause of action to the jury because the plaintiff did not prove that an official policy or custom caused him to be subjected to a denial of a constitutional right (see, Lopez v Shaughnessy, 260 AD2d 551, 552).

Section 1983 does not impose vicarious liability on a municipality; the municipality must cause the constitutional injury through a policy or custom.

Glover v. Casale, et al. · filed 2000-04-18

It is well established that a municipal entity cannot be held liable under 42 U.S.C. § 1983 on a theory of respondeat superior or vicarious liability; the municipality itself must proximately cause the constitutional injury, through the promulgation (or tacit approval) of a municipal policy or custom.

Conclusory allegations of supervisory and municipal liability are insufficient to support a § 1983 claim.

Delgado v. Ratcliff · filed 2000-04-18

In addition, Delgado makes only conclusory allegations of supervisory and municipal liability which are insufficient to support his claims.

A county may be liable under § 1983 for a sheriff’s reassignment decisions when the sheriff has final policymaking authority over reassignments.

Allison v. TARRANT COUNTY, TEX. · filed 2000-04-20

A single action by a municipal official possessing final policy-making authority regarding the action in question constitutes the official policy of the municipality, and the determination of whether a municipal official wields final policymaking authority regarding a particular action constitutes a question of state law. ... Standing alone, Chapter VIII of the Rules does not divest Sheriff Williams of final policymaking authority regarding reassignments.

Section 1983 permits municipal liability only when an official policy or custom causes the deprivation of a federally protected right.

Henrise v. Horvath · filed 2000-04-21

A governmental entity can be sued and subjected to monetary damages and injunctive relief under 42 U.S.C. § 1983 only if its official policy or custom causes a person to be deprived of a federally protected right.

Section 1983 permits municipal liability when deliberate action attributable to the municipality directly causes a deprivation of federal rights.

Frake, Allen v. City of Chicago · filed 2000-04-24

For liability to attach against a municipality under sec. 1983, a plaintiff must show that "deliberate action attributable to the municipality directly caused a deprivation of federal rights."

Section 1983 makes a municipality liable when deliberate action attributable to it directly causes a deprivation of federal rights.

Allen Frake, in His Capacity as Special Administrator of the Estate of Robert Frake v. The City of Chicago, a Municipal · filed 2000-04-24

For liability to attach against a municipality under § 1983, a plaintiff must show that “deliberate action attributable to the municipality directly caused a deprivation of federal rights.”

Section 1983 requires a plaintiff seeking municipal liability for an officer’s misconduct to show a city policy or custom that caused the injury.

Mossey v. City of Galveston, Tex. · filed 2000-04-25

The Court notes that establishing liability under Section 1983 for failure to properly train police officers, or for improper hiring, supervision, and retention of those officers, is a difficult task. At trial, Plaintiff must show evidence of a policy or custom attributable to the city that caused Plaintiffs injury.

Section 1983 does not make a county liable for a district attorney’s decision to prosecute when the district attorney acts as a state official.

Murray Weiner,plaintiff-Appellant v. San Diego County · filed 2000-04-27

Weiner’s claim against the County for wrongful prosecution under 42 U.S.C. § 1983 fails because the district attorney, Pfingst, acted in his capacity as a state official, not a county official, when he decided to proceed with Weiner’s criminal prosecution.

Section 1983 permits municipal liability for the acts of a municipal policymaker.

Stump v. Gates · filed 2000-05-01

The City’s liability in this matter is based on the principle that a municipality is liable for the acts of a policymaker of the municipality. See Pembaur v. City of Cincinnati, 475 U.S. 469, 480-84 (1986). The City does not dispute that Chief Gates was a policymaker. Thus, the City may be held liable for Chief Gates’s acts in directing the police investigation of Mr. Ocrant’s death.

Section 1983 permits county liability when a policymaking official’s action constitutes county policy and drives an alleged violation of federal rights.

American Civ. Liberties Union v. Pulaski Cty, Ky. · filed 2000-05-05

Beshears possessed policy-making authority, so that his posting of the Ten Commandments constituted official Pulaski County policy. That policy serves as a driving force behind the constitutional violations alleged in this case.

Section 1983 permits a claim for monetary damages against a city based on an allegedly unconstitutional policy adopted and implemented by its officers.

Dobrowolska Ex Rel. Dobrowolska v. Wall · filed 2000-05-16

Thus, plaintiffs’ claims and request for damages are sufficient to sue the City as a person pursuant to § 1983.

Section 1983 permits municipal liability when an official responsible for final policy deliberately chooses a course of action that deprives someone of constitutional rights.

Kinney v. Weaver · filed 2000-05-16

In Pembaur, the Supreme Court held that municipalities are liable under § 1983 when “a deliberate' choice to follow a course of action is made from among various alternatives by the official or officials responsible for establishing final policy with respect to the subject matter in question.” ... This deliberate choice established a municipal policy. Thus, the court concludes that the individual defendants were the policy makers for their respective departments and the municipal defendants are not entitled to summary judgment.

In a § 1983 claim based on an officer’s conduct, a municipality cannot be liable when the officer inflicted no constitutional injury.

Treece, Naomi v. Hochstetler, Steven · filed 2000-05-17

Likewise, because a jury has determined that Hochstetler was not liable for committing a constitutional deprivation (tort) against Treece, it is impossible under existing case law for the City to be held liable for its knowledge or inaction concerning its officer’s activity.

A municipality is not vicariously liable under § 1983; retaliation by its employees does not make it liable when they act contrary to its policy.

Taylor, Cynthia v. Carmouche, Hamilton · filed 2000-05-24

Unless the City had a policy of retaliating against protected speech--and neither Taylor nor Smith contends this--it cannot be liable. If Carmouche or Felton retaliated against protected speech, then they violated rather than implemented Gary’s personnel policy, so the sec.1983 claim against the City was rightly dismissed.

Section 1983 requires evidence of a municipal policy to hold a local government liable for its officers’ unconstitutional acts.

Young v. District of Columbia · filed 2000-05-25

Assuming that the police assisted Bibbs in wrongfully evicting Young, an issue which remains for determination, Young failed to show evidence supporting the § 1983 claim, as the trial court concluded. ... In any event, the three cases cited and the calls from several unspecified people allegedly' complaining about wrongful evictions involving police action are insufficient to show the pervasive policy which Young attempts to show.

Section 1983 requires a plaintiff suing a city to show that a city policy caused the deprivation of a constitutional right.

Courtnage v. City of Havre · filed 2000-05-25

In order to prevail against the City, Courtnage had the burden of showing that he possessed a constitutional right that suffered deprivation because of the City's policy.

When a § 1983 claim against a city depends on an officer’s conduct, the plaintiff must prove that the officer deprived him of a constitutional right to hold the city liable.

Tristani v. City of Pittsburgh · filed 2000-05-30

Under the circumstances of this case, Plaintiff was required to prove that Speth’s conduct deprived him of a constitutional right, guaranteed by the Fourth Amendment, in order for the City to be held liable for his injury under § 1983.

Section 1983 does not support municipal liability for inadequate training or custom when the officers committed no underlying constitutional violation.

Thomas v. Dickel · filed 2000-05-30

Because we have found that the officers' stop of the plaintiffs' car did not violate their fourth amendments rights, it follows that the plaintiffs' claim against the city (inadequate training and municipal custom) must likewise fail.

Section 1983 permits liability against a local governing body for constitutional deprivations caused by governmental custom, but not under a theory of vicarious liability.

Joe Marsh, Leroy Owens v. Butler County, Alabama, the Butler County Commission, Defendants · filed 2000-05-30

A local governing body may also be held liable for “constitutional deprivations visited pursuant to governmental ‘custom’ even though such a custom has not received formal approval through the body’s official decisionmaking channels,” but may not be held liable under a theory of vicarious liability.

A county is liable under § 1983 for a sheriff's personnel decision only if the decision represents county policy, as determined by state law's allocation of authority.

Knight v. Vernon · filed 2000-06-02

Rockingham County may be held liable under 42 U.S.C.§ 1983 if Sheriff Vernon's action in firing Ms. Knight represented official county policy. ... Because Sheriff Vernon, and not Rockingham County, had exclusive responsibility for discharging Ms. Knight, the district court properly granted summary judgment for the county on the § 1983 claims.

Section 1983 treats Nevada municipal courts as municipal entities rather than extensions of the state for purposes of suit.

Nunez v. City of North Las Vegas · filed 2000-06-09

Accordingly, we conclude that the municipal court is not an extension of the state for purposes of suit under 42 U.S.C. § 1983. A municipal judge has the inherent power to dismiss a municipal court administrator in the exercise of his or her judicial functions as an agent or officer of the municipality, not of the state.

Section 1983 municipal liability requires evidence beyond the allegations in a complaint.

Canty v. City of Philadelphia Ex Rel. Philadelphia Domestic Relations Division Child Support Enforcement Units I & II · filed 2000-06-15

Courts need more than the allegations in a party’s pleadings to find a basis for holding a municipality liable under Section 1983.

Section 1983 permits a municipality to be sued when an explicit municipal policy allegedly deprives someone of constitutional rights.

Wieland v. City of Arnold · filed 2000-06-15

For purposes of suits of this type, a municipality may be considered a person in the event that it has an explicit policy, such as Arnold Police Department General Order 14.3.12, which allegedly deprives a plaintiff of his or her Constitutional rights.

A plaintiff whose § 1983 claim against an officer fails on qualified immunity may still recover from a municipality for a constitutional deprivation caused by its policy or custom.

Medina v. City of Chicago · filed 2000-06-16

Thus when a plaintiff loses his claim against a police officer based on qualified immunity, he can still recover against the municipality if he can prove a constitutional deprivation caused by a municipal policy or custom.

Section 1983 treats a private prison corporation as a municipality for liability based on its policy, practice, or custom.

Bowman v. Corrections Corp. of America · filed 2000-06-21

As a corporate entity, CCA can be held liable for the denial of medical care where the proof establishes that the matter at issue represents a policy, practice or custom of CCA, ... and for section 1983 liability purposes, CCA is treated as a municipal corporation.

A § 1983 claim against a city based on inadequate training or municipal custom fails when the officers’ conduct did not violate the plaintiffs’ constitutional rights.

Christie Thomas and Scott Fisher v. Gregory Dickel, Joseph Leo, and City of Des Moines, Iowa · filed 2000-06-28

Because we have found that the officers’ stop of the plaintiffs’ car did not violate their fourth amendments rights, it follows that the plaintiffs’ claim against the city (inadequate training and municipal custom) must likewise fail.

Section 1983 permits municipal liability for an unconstitutional policy even when lower-level employees did not violate the plaintiff’s constitutional rights.

Estate of Cills v. Kaftan · filed 2000-06-29

Therefore, in the present case, the fact that the Court finds that none of the Low-Level Employees violated Cills’ constitutional rights does not preclude the Court from finding that the Department may be independently liable for an unconstitutional policy.

Section 1983 permits municipal liability for a constitutional violation caused by an official policy or custom.

Max v. City of Philadelphia · filed 2000-06-30

A public entity such as the City of Philadelphia, “may be held liable for the violation of a constitutional right under 42 U.S.C. § 1983 only when the alleged unconstitutional action executes or implements policy or a decision officially adopted or promulgated by those whose acts may fairly be said to represent official policy.” ... Here, plaintiff offers no evidence of an unconstitutional custom or policy; plaintiff does not even identify the offending custom or policy. Accordingly, she cannot prevail on this theory.