42 U.S.C. § 1983

Section 1983 does not impose liability on a local government solely because its employee committed a constitutional violation.

Barrett v. Wallace · filed 2000-07-05

Under § 1983, liability may not be imposed against a local governmental entity, for example, a board of county commissioners, under a theory of respondeat superior or vicarious liability.

Section 1983 requires a plaintiff seeking municipal liability to show that an official policy or custom caused the constitutional violation.

Vasquez v. Macias · filed 2000-07-07

To establish municipal liability under § 1983, a plaintiff must demonstrate that an official municipal policy or custom caused the constitutional violation.

Section 1983 permits county liability for a practice that is sufficiently well settled to constitute a custom, but repeated departures from a written policy alone do not establish such a custom.

Gregory v. Shelby County · filed 2000-07-12

While any rational trier of fact could find that the written policy was not followed on more than one occasion, Appellant has wholly failed to point to evidence in the record suggesting that this lapse of compliance with the written policy was so well settled as to constitute a custom thereby attaching liability to Shelby County.

A municipality may be liable under § 1983 for actions taken by officials with final authority to make municipal policy.

Smith v. Hartford, No. X07-Cv98-0070792 S (Jul. 14, 2000) · filed 2000-07-14

Although there may not have been a policy or custom regarding the interception and/or use of communications, there can be no dispute that these are the individuals who would have the authority to make municipal policy, and the city may be bound by their actions. Accordingly, the motion to strike this count as to the city of Hartford is also denied.

Section 1983 municipal liability requires an official policy or custom, a causal link to the alleged constitutional injury, and an actual constitutional injury.

People United for Children, Inc. v. City of New York · filed 2000-07-18

Subsequent cases have interpreted Monell to mean that in order to state a claim for municipal liability under § 1983, plaintiffs must plead and eventually prove three elements: (1) that an official policy or custom is in place; (2) that there is a causal link between plaintiffs’ alleged constitutional injury and the policy or custom; and (3) that plaintiffs in fact suffered a constitutional injury. ... The Court finds that plaintiffs have pleaded municipal liability under § 1983.

Section 1983 municipal liability for an officer’s use of force requires showing that the municipality engaged in a pattern and practice of permitting or ratifying unconstitutional force.

Detoy v. City & County of San Francisco · filed 2000-07-19

Plaintiff must show that the Police Department and the City engaged in a pattern and practice of permitting or ratifying unconstitutional use of force by police officers in order to establish the liability of the Police Department and the City for the officers’ conduct.

Section 1983 requires a plaintiff seeking municipal liability to show a deprivation of federal rights caused by a municipal policy, custom, or pattern.

Serio v. Baltimore County · filed 2000-07-20

To establish municipal liability under § 1983, the plaintiff must show that: (1) a government actor deprived the plaintiff of his or her federal rights; and (2) the harm was the result of a municipal “policy, custom, or pattern.”

Section 1983 does not impose vicarious liability on municipalities; a municipality is liable for retaliation only when it has a policy of retaliating against protected speech.

Cynthia Taylor and Rebecca Smith v. Hamilton Carmouche, Margaret Felton, and City of Gary, Indiana · filed 2000-07-20

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 § 1983 claim against the City was rightly dismissed.

Section 1983 does not require de jure control for a claim against a municipality; a sufficiently strong pattern of de facto control may support the claim.

Fishman v. De Meo · filed 1984-03-23

This may be so, but neither the federal claims under 42 U.S.C. § 1983 nor the correlative pendent state claims for tortious interference with business relationships and intentional infliction of emotional distress necessarily require a showing of such a de jure relationship; if plaintiffs in these cases can adduce evidence of a sufficiently strong pattern of de facto control, as well as the other elements of each claim, they will be entitled to present those claims at trial.

Section 1983 does not permit municipal liability based solely on employees’ conduct when no official municipal policy is alleged.

Sell v. Barner · filed 1984-03-28

The Supreme Court therein held that local governments may not be found liable under a theory of respondeat superior for constitutional violations of their employees except where the injury complained of was caused by conduct performed in accordance with “official municipal policy of some nature”. ... Where, as here, no such municipal policy is alleged, the claims shall be dismissed.

Section 1983 permits municipal liability when an unwritten custom causes a constitutional deprivation.

King v. City of Ft. Wayne, Ind. · filed 1984-03-29

To prevail against the City, plaintiffs must show that a causal link exists between their deprivation of a constitutional interest by the defendant police officers and the unwritten custom or usage of the City of Fort Wayne which allows police officers to make warrantless, forcible, nonconsentual entries into private residences to effect arrests for misdemeanors. Plaintiffs have shown such a causal link.

A municipality cannot be held liable under § 1983 for an employee’s acts solely on a respondeat superior theory.

Leslie D. COLLINS, Plaintiff-Appellant, v. CITY OF SAN DIEGO, Defendant-Appellee · filed 1988-03-10

As we have stated, respondeat superior does not apply in a section 1983 case.

Section 1983 does not impose municipal liability when the harm was not caused by a state actor, regardless of alleged municipal customs or policies.

Frazier v. City of Philadelphia · filed 2000-07-21

However, in cases in which the harm is not caused by a state actor, no claim will lie under Section 1983 no matter what alleged customs or policies the municipality may have in place.

A municipality may be liable under § 1983 when its deliberately indifferent policy is a moving force behind a constitutional violation.

Richards v. SOUTHEAST ALABAMA YOUTH SER. DIVERSION CENTER · filed 2000-07-21

Because of these fact issues, the court cannot conclude at this stage in the proceedings that the Plaintiff has failed to show that there was a policy of deliberate indifference which was a moving force in the violation of Kevin Richards' constitutional rights. Summary judgment is, therefore, due to be DENIED as to the City of Daleville on the federal law claims.

Section 1983 liability for a municipality based on inadequate police training or supervision requires establishing that the officers acted unlawfully.

William J. Kiser, II v. City of Huron · filed 2000-07-27

We have previously held that when a § 1983 plaintiff seeks to hold a municipality liable based on its alleged inadequate training and supervision of its police officers the plaintiff must first establish that the officers' actions were unlawful.

Section 1983 requires a plaintiff seeking to hold a municipality liable for inadequate police training or supervision to establish that the officers acted unlawfully.

William J. Kiser, II v. City of Huron, South Dakota Larry Guam, and Other Unknown Police Officers of the City of Huron, · filed 2000-07-27

We have previously held that when a § 1983 plaintiff seeks to hold a municipality liable based on its alleged inadequate training and supervision of its police officers that plaintiff must first establish that the officers’ actions were unlawful.

Section 1983 requires a direct causal link between a municipal policy or custom and an alleged constitutional violation to hold a city liable.

Mason v. City of Denver · filed 2000-08-02

More than having failed to show a causal link between a municipal policy and any constitutional violation, plaintiff has not shown that either the city or its employees were deliberately indifferent to his serious medical needs.

Section 1983 requires a relevant policy or custom for municipal liability and personal involvement for individual liability.

Santiago v. City of Vineland · filed 2000-08-02

In sum, because Santiago has failed to establish a genuine issue of material fact that the City of Vineland acted pursuant to a policy or custom or that Fresne and D’Augostine were personally involved in the process of his termination, I shall grant their motions for summary judgment on Santiago’s due process claim, pursuant to 42 U.S.C. § 1983 and deny the motions of Romano, Gallo, Brunetta and Letizia.

A city may be liable under § 1983 when an official custom maintained with deliberate indifference causes a deprivation of constitutional rights.

Blair v. City of Pomona, a Municipal Corp. Charles Heilman, Individually & in His Official Capacity · filed 2000-08-02

To establish § 1983 liability on the part of the City of Pomona under Monell v. Dept. of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), Blair must satisfy five conditions: (1) that he had a constitutional right; (2) that he was deprived of this right by an adverse employment action; (3) that the City had a custom created by those who may fairly be said to determine official policy; (4) that the custom amounted to at least deliberate indifference to Blair’s constitutional rights; and (5) that the custom was the moving force behind the constitutional violation.

Section 1983 permits recovery from a county for an unconstitutional official policy or a deprivation of constitutional rights pursuant to a county custom or usage.

Schwartz v. Fairfax County Board of Supervisors · filed 2000-08-02

In order to recover from the County under this statute, Schwartz must prove that the Board enacted an official policy that was ... unconstitutional or that the Board deprived him of a Constitutional right pursuant to a “custom or usage” that had not received formal approval through the Board’s official decision-making channels.

Section 1983 requires proof of a municipal custom or policy to hold a city liable for an alleged constitutional deprivation.

Walker v. Shepard · filed 2000-08-07

Moreover, the plaintiffs fail to make the necessary showing that the City of Utica has a custom or policy of depriving African-American citizens of their constitutional rights.

Section 1983 permits municipal liability when a municipal policy or practice is the direct cause of a constitutional violation.

Estate S. Novak v. County of Wood · filed 2000-08-07

Rather, a municipal policy or practice must be the "direct cause" or "moving force" behind the constitutional violation.

A written policy does not shield a municipality from § 1983 liability when it is deliberately indifferent to violations of that policy.

Daskalea v. District of Columbia · filed 2000-08-08

Second, a "pa- per" policy cannot insulate a municipality from liability where there is evidence, as there was here, that the municipality was deliberately indifferent to the policy's violation.

A § 1983 claim against a municipality can proceed when the complaint supports an inference that an official with policymaking authority caused the alleged constitutional injury.

Anderson v. Village of Oswego · filed 2000-08-09

Recalling that we must read plaintiffs complaint liberally, we note that he alleges that his termination was the result of the decision of the village’s administrator, Bruce Bonebrake. This allegation allows the inference that plaintiffs alleged deprivation was caused by a person with policymaking authority.

Municipalities are persons under § 1983 and may be liable when an official policy causes an employee to violate someone’s constitutional rights.

Huck v. City of Newburgh · filed 2000-08-14

Moreover, municipalities are “persons” to whom 42 USC § 1983 applies (see, Monell v Department of Social Servs. of City of N. Y., 436 US 658, 690), and they may be held liable if an official policy causes an employee to violate another’s constitutional rights (see, Monell v Department of Social Servs. of City of N. Y., supra, at 690).

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

Sheets v. Mullins · filed 2000-08-15

It is now well-established that a local government entity may be hable under § 1983, but only to the extent that the public body caused the constitutional violation through custom, policy or practice.

Section 1983 permits county liability only for acts for which the county has final policymaking authority.

Little v. Smith · filed 2000-08-17

A county may only be held liable for acts for which the county has final policymaking authority.

Section 1983 requires a plaintiff seeking damages from a county board to prove that its policy or custom caused a deprivation of constitutional or federal rights.

Whitesel v. Jefferson County · filed 2000-08-23

Thus, to establish a claim for damages under section 1983 against the Board, Mr. Whitesel must prove the Board (1) executed a policy or custom, (2) that caused Mr. Whitesel to suffer deprivation of constitutional or federal rights.

Section 1983 permits claims against a municipal board for its own actions; respondeat superior cannot establish the board’s liability.

Ritz v. Town of East Hartford · filed 2000-08-25

In Count Two, plaintiffs procedural due process claim against the Board relates to the elimination of his position as part of the reorganization, which was specifically approved by the Board. These claims against the Board are not based upon a theory of respondeat superior but are, instead, premised on the actions of the Board itself.

Section 1983 does not allow a city to be held liable solely for its officers’ conduct under a respondeat superior theory.

Blair v. City of Cleveland · filed 2000-08-29

To hold the City of Cleveland liable on this claim would be to hold it liable for the alleged transgressions of its police officers, solely on a respondeat superior theory. As discussed in detail supra, such a theory is impermissible.

Section 1983 does not make a municipality liable solely because it employs a person who violated federally protected rights.

Crownover v. City of Lindsay, OK · filed 2000-09-01

A municipality may not be held liable under § 1983 simply because it employs a person who violated a plaintiff’s federally protected rights.

Section 1983 requires a direct causal relationship between a municipal policy or custom and the alleged deprivation before a county can be held liable.

Casanova v. City of Brookshire · filed 2000-09-07

Waller cannot be held liable for the acts or omissions of its employees in the absence of a direct causal relationship between a municipal policy or custom and Casanova's arrest or prosecution.

Section 1983 permits liability against a local government when an official policy or custom causes a constitutional deprivation.

Casanova v. City of Brookshire · filed 2000-09-07

Whether the claim is one of false arrest or malicious prosecution, the key to recovering against a governmental entity under § 1983 is demonstrating that a deprivation of a constitutional right was inflicted pursuant to an official policy or custom.

Section 1983 permits a claim against a county and its sheriff in his official capacity when the sheriff acts as a county policymaker and an alleged county policy or custom causes a constitutional violation.

Leon v. County of San Diego · filed 2000-09-09

Based on the foregoing discussion and considering the California constitution, statutes governing county sheriffs and their obligations in maintaining the health and safety of persons detained in the county jail, and California cases analyzing the county sheriffs duties, this court concludes that Sheriff Kolender acts on behalf of the county, not the state, when operating the San Diego County Jail and making policy concerning the treatment of inmates or arrestees in need of medical attention. As noted above, when the sheriff acts as a policymaker for the County, dismissal under the Eleventh Amendment is not appropriate if the plaintiffs claim that the County’s custom, policy, or practice resulted in the violation of their constitutional rights. ... Therefore, Defendants’ motion to dismiss Plaintiffs’ section 1983 claims against the County and Kolender in his official capacity is denied.

Section 1983 permits liability against a municipal employer only if one of its employees committed a constitutional tort.

Phelps v. Coy · filed 2000-09-15

It is axiomatic that liability under § 1983 cannot be imposed upon a municipal employer, such as Xenia, unless one of its employees has committed a constitutional tort.

Section 1983 permits municipal liability only when an unconstitutional municipal custom or policy causes the injury and deprivation of constitutional rights.

Garcia v. City of Boston · filed 2000-09-15

A claim under section 1983 against a municipality is actionable only upon a showing that an unconstitutional custom or policy of the municipality was the cause of the injury and of the deprivation of constitutional rights.

Section 1983 does not impose liability on a school board for administrators’ personnel decisions when the board retains final policymaking authority over those decisions.

Riddick ex rel. Riddick v. School Board of Portsmouth · filed 2000-09-21

Because the Board retained the final “say-so” on personnel matters, Judge Smith correctly concluded that the Board cannot be subjected to municipal liability based on the decisions of the superintendent and principal.

Section 1983 does not require an officer to act within the scope of employment for a claim against a municipality.

Brown v. City And County Of · filed 2000-09-22

First, the fact that the jury found Officer Gray was not acting in the scope of his employment is of no consequence to Mr. Brown’s section 1983 action. The scope of employment inquiry was related to the district court’s interpretation of the Colorado statutes, and this standard is not a part of the section 1983 claim.

For § 1983 county liability, a California sheriff investigating crimes acts as a county official.

Brewster v. County of Shasta · filed 2000-09-22

Because the holding of Thompson is that the sheriff is a county official under state law, I will conclude that the sheriff in the matter at bar is a county official.

Section 1983 permits municipal liability for a municipality’s own unconstitutional or illegal policy or custom, but not under respondeat superior.

Berard v. Town of Millville · filed 2000-09-22

Municipalities cannot be held liable for constitutional torts under 42 U.S.C. § 1983 based upon the theory of responde-at superior. ... A municipality may be sued only for its own unconstitutional or illegal policies.

Section 1983 requires proof that a municipal policy or custom caused a deprivation of constitutional rights to hold a municipality liable.

Rochleau v. Town of Millbury · filed 2000-09-29

A municipal liability claim under § 1983 requires proof that the municipality maintained a policy or custom which caused, or was the moving force behind, a deprivation of constitutional rights.

A municipality cannot be liable under § 1983 for a constitutional violation that could have occurred but did not.

Palshook v. Jarrett · filed 2000-10-11

The township cannot be held liable for a constitutional violation which could have occurred but did not.

Section 1983 does not impose municipal liability through respondeat superior; a plaintiff must show that the municipality’s policies or customs proximately caused a constitutional violation.

Tatton v. City of Cuyahoga Falls · filed 2000-10-12

A municipality cannot be held liable under § 1983 on a theory of respondeat superior. ... Rather, a plaintiff must show that the municipality’s own policies or customs proximately caused a constitutional violation.

Section 1983 municipal liability claims are subject to ordinary notice pleading, without a heightened requirement for factual specificity.

McCormick, Donald v. City of Chicago · filed 2000-10-16

The Supreme Court has made it very clear that federal courts must not apply a heightened pleading standard in civil rights cases alleging sec. 1983 municipal liability.

Section 1983 permits liability against a school board for an employee’s discrimination or retaliation only when an official policy or custom caused it; the board is not liable solely because it employed the person.

Hamilton v. Montgomery County Bd. of Educ. · filed 2000-10-19

Because there is no respondeat superior liability under § 1983, liability can attach to the Board only if the alleged discrimination or retaliation by its employees was caused by an “official policy” or “custom” of the Board.

Section 1983 does not impose municipal liability based solely on an employee’s actions; a claim against a municipality must allege that a municipal custom or policy caused the constitutional deprivation.

Green v. Concord Police · filed 2000-11-01

And, because municipal entities cannot be liable under § 1983 on a theory of respondeat superior, if plaintiff intends to pursue claims against only the City and Merrimack County (rather than individual employees of those entities), her complaint must, at a minimum, allege that her constitutional deprivations were the product of a municipal custom or policy.

Section 1983 requires a plaintiff seeking municipal or county liability to show that an official policy or custom caused the constitutional violation.

Johnson v. Hinds County, MS · filed 2000-11-03

To establish municipal/county liability under § 1983, a plaintiff must demonstrate that an official municipal policy or custom caused the constitutional violation.

Section 1983 does not allow a county board to be held liable solely through vicarious liability or respondeat superior.

Jones v. Riley · filed 2000-11-03

The DeSoto County Board cannot be held liable under a theory of vicarious liability or respondeat superior.

Section 1983 permits municipal liability based on an official’s conduct only if that official has final policymaking authority in the relevant area.

Polite v. Town of Clarkstown · filed 2000-11-06

Plaintiffs cannot assert municipal liability against the Town of Clarkstown under § 1983 based on the status of police officers as policymaking officials. The state and local law clearly establish that the Town Board and Police Commission are the final policymaking officials with regard to the establishment of any rules and regulations pertaining to police conduct.

A section 1983 claim against a county requires allegations of an official policy or custom that caused the injury.

Graves v. County of Beltrami · filed 2000-11-14

Ms. Graves acknowledges that she did not assert a section 1983 claim against the county, and we agree that one is not stated by the allegations in her complaint. See Monell v. Department of Soc. Servs., 436 U.S. 658, 694 (1978) (municipal liability premised on official policy or custom which causes injury).

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

Dawkins v. City of Villa Rica · filed 2000-11-14

Here, not only have plaintiffs failed to demonstrate any injury causally related to their interaction with the police department, “the record is [devoid] of any evidence of implementation of an intentionally corrupt or impermissible policy by any of the [city] defendants so as to authorize a cause of action against [Villa Rica] under 42 USC § 1983.”

Section 1983 permits municipal liability when a policy or custom, or a person with final policymaking authority, causes a deprivation of federal rights.

Kielczynski v. Village of LaGrange, Ill. · filed 2000-11-15

This court finds that genuine issues of material fact exist as to Kielczynski’s § 1983 claim against LaGrange. ... The court further finds that the evidence of record, as exemplified above, creates genuine issues of material fact as to the existence both as to the requisite municipal policy or custom and, alternatively, whether constitutional injury was caused by a person (i.e., Chief Clark) with final policymaking authority who was the motivating force behind the deprivation of rights.

Section 1983 municipal liability requires allegations connecting a municipality’s own conduct, such as deficient hiring, training, or supervision, to the injury.

Thorman v. Bernalillo Co. Det. · filed 2000-11-22

Second and more seriously, Thorman fails to allege any deficiencies in the cities’ hiring, training or supervision of the individuals who he claims were deliberately indifferent to his medical needs, resulting in his injuries.

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

Boyle v. Town of Bristol, 96-5817 (2000) · filed 2000-11-22

In order to prove municipal liability, the plaintiff must show that a municipal policy or custom was responsible for the constitutional violation.

Section 1983 requires deliberate indifference to hold a municipality liable for failing to prevent a deprivation of federal rights.

Davis v. Dekalb County School District · filed 2000-11-24

The district court correctly held that the deliberate indifference standard applies to section 1983 claims basing liability on a municipality’s actions in failing to prevent a deprivation of federal rights.

Section 1983 requires a pleaded basis for municipal liability when suing a school board and its members in their official capacities.

Pope v. Trotwood-Madison City School District Board of Education · filed 2000-11-29

With respect to Defendants Trotwood-Madison City School District Board of Education and the Board members, who have been sued in their official capacities, the Court notes that Count VI of the Plaintiff's Complaint is also deficient because it fails to set forth a basis for imposing municipal liability under Monell v. Department of Social Services, 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).

A § 1983 claim against a municipality must identify a municipal policy, connect it to the municipality, and show that executing it caused the injury.

Horne v. City of San Antonio · filed 2000-12-01

A 42 U.S.C. § 1983 complaint against a municipality must identify the policy, connect the policy to the municipality, and ... show that the particular injury occurred because of the execution of the policy.

A plaintiff seeking to hold a municipality liable under § 1983 for alleged acts of its police officers must establish that the assailants were city employees.

Saltz v. City of New York · filed 2000-12-05

Plaintiff has been unable to show that his assailants were, in fact, employees of the City of New York. Because it has not been established that the individuals who allegedly assaulted plaintiff were New York City police officers, this court need not consider whether a denial of plaintiffs constitutional rights was caused by a policy or custom of the City of New York.

Section 1983 requires a plaintiff seeking to hold a county liable to show that a policy, custom, or action by a final policymaker caused the constitutional violation.

Griego v. Bexar County, Texas · filed 2000-12-06

To establish municipal or county liability under § 1983, a plaintiff must demonstrate that an official municipal policy or custom caused the constitutional violation, or that the violation was caused by “the unconstitutional actions of [] final policymakers themselves as they engage[d] in the setting of goals and the determination of how those goals [would] be achieved.”

Section 1983 municipal liability for an unwritten police custom requires evidence that city policymakers knew of the misconduct or that the pattern was sufficiently widespread or flagrant to impute knowledge to them.

Pineda v. City of Houston · filed 2000-12-06

Even though plaintiffs have presented evidence from which a reasonable trier of fact could conclude that the actions of certain GTF officers constituted a pattern of unconstitutional conduct, plaintiffs have failed to present evidence from which a reasonable trier of fact could conclude either that municipal policymakers knew about that pattern of unconstitutional misconduct or that the warrantless entries and searches were so numerous or flagrant that constructive knowledge of them should be imputed to municipal policymakers.

Section 1983 permits municipal liability when an official policy, custom, or usage causes a constitutional deprivation, but not solely because the municipality employs the person responsible.

Torres v. City of Chicago · filed 2000-12-07

A municipality cannot be held liable for the actions of individual employees under § 1983 based on a theory of respondeat superior. ... A municipality may, however, be liable if the plaintiff can show that he or she suffered a constitutional deprivation that was caused by an official policy, custom, or usage of the municipality.

Section 1983 requires a plaintiff suing a municipality to show that conduct under an official policy or custom deprived the plaintiff of a federally recognized civil right.

Johnson v. City of Kalamazoo · filed 2000-12-11

Further, as a threshold matter, plaintiffs must show that the actions allegedly taken pursuant to official policy or custom deprived them of some federally recognized civil right.

A § 1983 claim against a municipality fails when the plaintiff cannot establish a § 1983 violation by the municipal employees whose conduct underlies the claim.

Frank v. Eunice · filed 2000-12-15

Because Frank was unable to establish a § 1983 violation attributable to Officer Vige and Officer Green, her claims against the City of Eunice also fail.

Section 1983 makes a municipality liable for an unconstitutional policy, custom, or practice, but not merely for an employee’s acts.

Steelman v. Carper · filed 2000-12-15

Municipal governments are only liable under 42 U.S.C. § 1983 for unconstitutional or illegal policies, customs, or practices, not for the acts of their employees.

Section 1983 does not support liability against a government agency based solely on its employment of an alleged wrongdoer.

Hinton v. Franck · filed 2000-12-18

We do not examine whether these entities are subject to liability under § 1983 because plaintiffs’ pleadings base liability only on respondeat superior which cannot support a claim against the agencies.

Section 1983 permits a municipality to be held liable for unconstitutional acts in formulating and passing its annual budget.

Langford v. City of Atlantic City · filed 2000-12-18

However, we have recognized that municipalities may be subject to section 1983 liability for legislatively-enacted budget decisions that have an unconstitutional effect. ... Hence, despite the reservations expressed by the District Court, we are satisfied and accordingly hold, as do Monell and Carver, that a municipality (in this case, Atlantic City) can be held liable for its unconstitutional acts in formulating and passing its annual budget.

Section 1983 does not impose municipal liability for failure to train when the officer’s actions violated no constitutional right.

Weeks v. Portage County Executive Offices · filed 2000-12-19

However, because Deputy Longbottom’s actions did not violate Ray Weeks’ constitutional rights, there can be no § 1983 liability on the part of the municipal defendants as a matter of law.

Section 1983 requires a plaintiff seeking to hold a city liable to show that a municipal policy or custom caused the violation of a federal civil right.

Wilson v. City of Kalamazoo · filed 2000-12-21

To impose liability on the City, plaintiffs must show that a violation of their civil rights was caused by a municipal “policy” or “custom.”

Section 1983 permits governmental liability for inaction only when a policy or custom shows deliberate indifference to repeated constitutional violations.

Black v. Columbus Public Schools · filed 2000-12-22

However, liability under § 1983 cannot be premised on negligence, and thus inaction by a defendant will support liability only if there is a “policy” or custom of deliberate indifference in the face of repeated constitutional violations.

Section 1983 does not make a city liable merely because its employee committed misconduct.

Hollins v. City of Jackson, MS · filed 2000-12-26

The City of Jackson is not liable under 42 U.S.C. § 1983 for the misconduct of its employee, Kerry Collins.

A § 1983 claim against a city fails when the plaintiff shows no policy or widespread practice that deprived anyone of constitutional rights.

Cowgill v. City of Marion · filed 2000-12-28

With the foregoing conclusions, it follows that any section 1983 claims against the city must fail. ... There has been no showing of an express policy or widespread practice to deprive citizens of Marion of their constitutional rights, let alone to countenance the failure to provide medical care to one in custody.

A municipality may be liable under § 1983 for a decision made by an official with final policymaking authority; material factual disputes about that liability preclude summary judgment.

Culberson v. Doan · filed 2001-01-01

Because Chief Payton was the chief law enforcement official with respect to the Village of Blanchester and the search of Lawrence Baker’s junkyard/pond on September 3, 1996, his actions were policies of the Village of Blanchester. ... Therefore, this Court finds that there remain material factual questions with respect to municipal liability at this time. Accordingly, Defendant Village’s Motion for Summary Judgement is DENIED (doc. 131) in regards to Plaintiffs’ substantive due process claims as alleged in Count II of the Complaint.

Section 1983 permits municipal liability when an official with final decision-making authority causes a constitutional injury; liability cannot rest merely on respondeat superior.

Walton v. Safir · filed 2001-01-03

Although municipal liability cannot attach merely because of respondeat superior, the act of an official with final decision-making authority, if it wrongfully causes the plaintiffs constitutional injury, may be treated as the official act of the municipality, resulting in Section 1983 liability of the municipality.

Section 1983 permits recovery against a county only when a constitutional violation results from the county’s official policy or custom.

Napier v. Madison County · filed 2001-01-04

The claims against Madison County also fail because Napier has not proven a serious deprivation. To recover against Madison County, he must show that his civil rights were violated pursuant to and as a direct result of the county’s official policy or custom.

A county cannot be liable under § 1983 without an underlying constitutional violation.

Napier v. Madison County · filed 2001-01-04

Because the analysis concludes that Napier cannot show that he suffered an underlying constitutional violation, his claims against Madison County must also fail.

Section 1983 does not impose municipal liability for an official’s discretionary employment decisions without evidence that the official had final policymaking authority or that the municipality delegated that authority to the official.

Looby v. City of Hartford · filed 2001-01-05

In other words, a grant of discretion is not equivalent to policymaking authority, and plaintiff has failed to show anything more than Dobson’s authority to exercise discretion in making hiring and promotion decisions. Given the absence of any evidence that the Director of Personnel or the Personnel Board had delegated their authority to make employment policy to the Chief, the City is entitled to summary judgment on all § 1983 claims.

A § 1983 claim against a municipality survives a motion to dismiss when the complaint gives notice of the alleged municipal policies, even if its allegations are boilerplate.

Frieri Ex Rel. Frieri v. City of Chicago · filed 2001-01-08

The City objects that the complaint contains mere “boilerplate allegations” of a policy. According to McCormick, however, that is sufficient. Moreover, it satisfies Rule 8(a) because it gives the City notice of the specific alleged policies against which it must defend: failure to train officers to prevent constitutional violations, and failure to discipline them for committing them.

A municipality cannot be liable under § 1983 without a constitutional violation, even if its policy or custom causes an undesirable result.

Jones v. City of Philadelphia · filed 2001-01-09

However, if no constitutional violation occurs, a municipality cannot be held liable under § 1983, even if it has a policy or custom that leads to an undesirable result.

Section 1983 imposes no municipal liability when the plaintiff fails to establish a violation of constitutional rights.

Wilson v. City of Livermore · filed 2001-01-09

We also affirm the district court’s order granting summary judgment to defendant city of Livermore. As the district court stated, “[w]here a plaintiff has failed to establish that his constitutional rights were violated, there can be no municipal liability under § 1983.”

A municipality can be liable under § 1983 only when an official policy or practice causes the alleged deprivation of rights.

Packer v. City of Toledo · filed 2001-01-12

Packer, therefore, was required to show that the allegedly unlawful search resulted from an official policy or practice of the City.

A § 1983 municipal liability claim can survive summary judgment when evidence creates a fact issue about whether the officials responsible for the challenged conduct had final policymaking authority.

Andrade v. City of San Antonio · filed 2001-01-16

Based on my review of the applicable state law and the record in this case, I find that Andrade has presented sufficient evidence to create a fact issue as to whether the individual defendants acted as government decision-makers possessing final authority with respect to the hiring practices followed by the City for filling beginning firefighter positions.

Section 1983 requires a plaintiff seeking municipal liability to prove a policymaker, an official policy, and a constitutional violation caused by that policy or custom.

Piotrowski v. City of Houston · filed 2001-01-17

Under the decisions of the Supreme Court and this court, municipal liability under section 1983 requires proof of three elements: a policymaker; an official policy; and a violation of constitutional rights whose “moving force” is the policy or custom.

Section 1983 does not impose respondeat superior liability on a city or police chief; a city policy or custom must cause a constitutional injury.

Sedgwick v. City of Henderson · filed 2001-01-17

Neither Henderson nor the police chief can be held hable under § 1983 on a respondeat superior theory, see Monnell v. Dep’t of Social Servs. of City of New York, 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), and Sedgwick presents no evidence that the execution of a city policy or custom caused him constitutionally cognizable injury, see id. at 694.

Section 1983 requires proof that an official policy or custom caused the alleged denial of constitutional rights to establish municipal liability.

Holmberg v. Sheriff's Office · filed 2001-01-22

The plaintiff failed to demonstrate the existence of an official policy or custom that caused him to be subjected to the denial of his constitutional rights (see, Monell v Department of Social Servs., 436 US 658; Mann v Alvarez, 242 AD2d 318; Jackson v Police Dept., 192 AD2d 641, cert denied 511 US 1004; Sagendorf-Teal v County of Rensselaer, 100 F3d 270).

A city cannot be liable under § 1983 when its officers committed no constitutional violation.

Gipson v. City of Mexia · filed 2001-01-24

Because plaintiffs have failed to show any constitutional violations by the unknown police officers, they cannot show any constitutional injuries attributable to the City of Mexia.

Section 1983 requires evidence of an unconstitutional municipal policy or custom to hold a county liable.

Mabe v. San Bernardino County · filed 2001-01-24

Because Mabe presented no evidence of an unconstitutional custom or policy to support her claim against the County, summary judgment in favor of the County is affirmed.

Section 1983 does not allow municipal liability based on respondeat superior.

Tsombanidis v. City of West Haven, Connecticut · filed 2001-01-30

Municipal liability cannot be based upon a theory of respondeat superior.

Section 1983 requires a plaintiff suing a county or an official in an official capacity to allege and prove a county policy, custom, or practice causing the claimed deprivation.

Price v. Multnomah County · filed 2001-01-31

As defendants correctly point out, to prevail on this claim against the County and against Lamica in an official capacity, plaintiff must allege and prove that the County had a policy, custom, or practice of discriminating against employees for pursuing FMLA rights, which he has failed to do.

Section 1983 permits damages against a municipality based on its officers’ actions only if those actions caused a constitutional injury.

Stevenson v. Martin County Board of Education · filed 2001-02-06

An award of damages against a municipality based on the actions of its officers is not available unless the officers’ conduct amounted to a constitutional injury.

Section 1983 permits municipal liability when the alleged facts support an inference that a county custom or policy caused the plaintiff’s injury.

Gil v. Vogilano · filed 2001-02-07

In sum, the allegations of the amended complaint support an inference that a “custom” or “policy” of Westchester County caused Gil’s injuries. Accordingly, the County’s motion to dismiss the complaint for failure to allege a County “custom” or “policy” is denied.

Section 1983 does not permit municipal liability based on a city’s policies, training, or supervision when the officers whose conduct caused the injury committed no constitutional violation.

Trigalet v. City of Tulsa · filed 2001-02-07

Thus, even if it could be said that Tulsa’s policies, training, and supervision were unconstitutional, the City cannot be held liable where, as here, the officers did not commit a constitutional violation.

A municipality is not liable under § 1983 for a council decision when only one member of the voting majority had an unlawful motive.

Zane W. Mason v. Village of El Portal · filed 2001-02-09

Thus the critical issue on appeal is whether the alleged racially discriminatory motive of only one member of a three-member majority of a five-member council can give rise to municipal liability. We agree with the trial court that it does not.

Section 1983 does not impose municipal liability for a council decision when only one member of the three-member majority has an unlawful motive.

Zane W. Mason v. Village of El Portal · filed 2001-02-09

As we stated supra, there can be no municipal liability unless all three members of the council who voted against reappointing Plaintiff shared the illegal motive.

Section 1983 does not support municipal liability for an arrest when the record does not establish an illegal arrest and the arresting officers have been absolved of fault.

Chris Veneklase, Paul B. Mehl, Darold Larson, Nancy Emmel, Jessica Uchtman v. City of Fargo · filed 2001-02-13

In the absence of a record establishing an illegal arrest, in the circumstances as here where the arresting officers have been absolved of fault, the plaintiffs-appel-lees cannot present a tenable basis for affirmance of the judgment against the City on alternative grounds that the arresting officers unconstitutionally applied the ordinance in question.

Section 1983 permits municipal liability only when a constitutional violation results from official policy or custom.

Janette Hopper, and Sharon Rupp v. City of Pasco, and Arts Council of the Mid-Columbia Region · filed 2001-02-15

The city can only be held liable if the acts in question were undertaken pursuant to official policy or custom.

Under § 1983, a municipality is not liable for a council decision when only one member of the voting majority had an unlawful motive.

Zane W. Mason v. Village of El Portal, Anna Ward, L.D. Kennedy, and Tony Ferguson, Defendants · filed 2001-02-21

Thus the critical issue on appeal is whether the alleged racially discriminatory motive of only one member of a three-member majority of a five-member council can give rise to municipal liability. We agree with the trial court that it does not.

Section 1983 requires a claim against a municipality to allege a policy or custom causally related to the injury.

Chaabouni v. City of Boston · filed 2001-02-27

Simply put, after examining every allegation in the complaint, it is clear that Chaabouni fails to allege (1) a policy or custom of the City of Boston that is (2) causally related to his injury. As these two elements are essential to a properly pled section 1983 claim and both are missing (though either deficiency would do), this aspect of Chaabouni’s claim must be dismissed.

A plaintiff must offer evidence supporting municipal liability under § 1983 to survive summary judgment.

Szydlowski v. City of Philadelphia · filed 2001-02-28

In this case, Plaintiff provides no evidence whatsoever that would justify imposition of § 1983 liability on the City of Philadelphia. Indeed, Plaintiff does not attempt to raise a genuine issue of material fact or contest summary judgment on this issue in any way. As a result, we will grant the City’s Motion.

Section 1983 does not permit damages against a municipality for an employee’s actions when the employee inflicted no constitutional harm.

Thomas v. Murray · filed 2001-03-01

However, a municipality cannot be held liable for damages based on the actions of one of its employees if such employee inflicted no constitutional harm.

Section 1983 permits a municipal liability claim based on an alleged express policy even if the officials involved are not final policymakers.

Barnhill v. CITY OF CHICAGO, POLICE DEPT. · filed 2001-03-06

Regardless of whether Superintendent Hillard or the ASB members are considered final policymakers for purposes of § 1983, Plaintiffs have satisfied the Monell standard by clearly alleging that the City had an express policy, the Merit Component, which was intended to discriminate against Caucasian officers in violation of their Fourteenth Amendment rights.

Section 1983 requires an allegation of a county custom or policy to support a claim of county liability.

Peoples v. Estate of Weaver · filed 2001-03-07

Moreover, he did not allege that the county had a custom or policy of sanctioning the adoption of children into slavery.

Section 1983 municipal liability requires an official policy or custom that causes a denial of a constitutional right.

Presnick v. Town of Orange · filed 2001-03-14

Under Monell v. Department of Social Services, 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), to establish municipal liability for actions of employees alleged to be unconstitutional, “a plaintiff is required to plead and prove three elements: (1) an official policy or custom that (2) causes the plaintiff to be subjected to (3) a denial of a constitutional right.”

Section 1983 requires evidence of a policy or custom to hold a county liable for a constitutional violation.

Gautney v. King · filed 2001-03-19

Because Gautney presented no evidence of a policy or custom with objective deliberate indifference to his constitutional rights, the district court did not abuse its discretion by dismissing his claims against defendants King and Brazoria County.

A municipality cannot be held liable under § 1983 when no constitutional violation occurred.

Abramowitz v. City of Long Beach · filed 2001-03-19

Because we find that ho constitutional violation occurred, we affirm the district court’s grant of summary judgment to the City of Long Beach on the Monell claim.

Section 1983 requires evidence of affirmative police assistance in a private repossession at the city's direction to support a claim against the city.

Johnson v. Credit Acceptance Corp. · filed 2001-03-20

Because Plaintiff has failed to put forth evidence that creates a genuine issue of fact that- the police officers took affirmative steps to assist in the repossession at the direction of the City, there is no state action upon which to base her Section 1983 claim.

Section 1983 does not make a municipality liable for an employee’s constitutional tort without a municipal policy or custom that caused the injury.

McCullough v. City of Atlantic City · filed 2001-03-21

The evidence in support of Plaintiffs’ retaliation claim stems from individual employee conduct, not from any official policy or custom of Atlantic City. Allegations in the Complaint and various deposition testimony show that the alleged adverse employment actions occurred because of DiNoto’s personal animus, which arose, at least in part, from Plaintiffs’ activities. The Court will therefore dismiss Plaintiffs’ § 1983 claims against Atlantic City.

A city defending a Section 1983 claim must establish its entitlement to summary judgment on its alleged liability for its police officers’ constitutional violations.

Hicks v. City of Buffalo · filed 2001-03-21

The court also erred in granting the cross motion insofar as it sought summary judgment dismissing in its entirety the second joint cause of action, alleging acts by defendants that are unconstitutional under 42 USC § 1983. Defendant City of Buffalo failed to meet its burden of establishing as a matter of law that it is not liable for the alleged constitutional violations of its police officers {see generally, Vann v City of New York, 72 F3d 1040, 1049-1050; Sarus v Rotundo, 831 F2d 397, 400-401).

Section 1983 municipal liability requires a municipal policy or custom with a direct causal link to the alleged injury.

McGregor v. City of Olathe, KS · filed 2001-03-22

To establish municipal liability under § 1983, a plaintiff 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.

Section 1983 imposes liability on a county only when deliberate action attributable to the county directly causes a deprivation of federal rights.

Starcher v. Correctional Medical Systems, Inc. · filed 2001-03-26

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

Section 1983 does not impose municipal liability when there is no underlying constitutional violation by the municipality’s employees.

Holland v. City of Atmore · filed 2001-03-27

As with Chief McKinley, the absence of an underlying constitutional violation by Bryars and Drane precludes the imposition of Section 1983 liability on the City.

Section 1983 does not impose liability on a municipality when no underlying constitutional violation occurred.

Bowens v. City of Atmore · filed 2001-03-27

As with Chief McKinley, the absence of an underlying constitutional violation by Bryars precludes the imposition of Section 1983 liability on the City.

Section 1983 permits a municipal liability claim to proceed when discovery could show that a city policy, practice, custom, or attributable single decision caused the alleged deprivation of rights.

Marion v. City of Philadelphia/Water Department · filed 2001-03-28

Based on the present state of the record, the Court cannot conclude that there is no set of facts on which plaintiff could prevail in a § 1983 claim against the municipal defendants. Further discovery may reveal a city policy, practice or custom that caused the discrimination alleged in this case or even a single decision attributable to the municipality that caused a deprivation of plaintiffs rights. Accordingly, plaintiffs Monell claim against the City of Philadelphia/Water Department and its employees in their official capacities will be allowed to proceed.

Section 1983 makes a municipality liable for a deprivation of federal rights only when an official policy or custom causes it.

Pathways Psychosocial v. Town of Leonardtown · filed 2001-03-29

It is well settled that a municipality is only liable under § 1983 if it causes a deprivation of federal rights through an official policy or custom.

Section 1983 does not impose municipal liability when no county policy or procedure caused or contributed to the alleged constitutional violation.

Saulsberry v. Maricopa County · filed 2001-03-29

Plaintiff has failed to establish that Defendant Maricopa County has a policy or procedure that caused or contributed to the alleged violation of Plaintiffs civil rights under the Fourth Amendment. Therefore, the County is not liable.

A Section 1983 claim against a city requires an identified policy or custom related to the alleged constitutional violation.

Henderson v. Dallas Plce Dept · filed 2001-03-30

Henderson does not identify a policy or custom related to the alleged violation of his constitutional rights, and he does not establish an actionable violation attributable to the individual defendants. Accordingly, the district court properly dismissed his claims against the City of Dallas.

Section 1983 requires a plaintiff seeking to hold a municipality liable to identify an official policy or custom that caused the injury; respondeat superior is insufficient.

McCormick v. Board of Shawnee County Comm'rs · filed 2001-03-30

Courts have consistently refused to hold municipalities liable in § 1983 proceedings under a theory of respondeat superior. Instead, a plaintiff seeking to impose liability on a municipality under § 1983 must identify an official policy or custom that caused his or her injury. ... McCormick has failed to allege any such official policy or custom promulgated by the Board of Shawnee County Commissioners. This reason alone is sufficient to support the district court’s dismissal of McCormick’s claim against the Board.

Section 1983 does not make a municipality vicariously liable for an employee’s constitutional violation solely because it employed that person.

Walker v. City of Salisbury · filed 2001-04-04

A municipality like the City in this case may not be held vicariously liable under § 1983 for the constitutional violations of an employee merely because of the existence of that employment relationship.

Section 1983 permits municipal liability when a municipal policy, practice, or custom causes a constitutional deprivation; an officer’s conduct alone does not establish that liability.

Williams v. Blaisdell · filed 2001-04-06

To establish liability against a municipality under § 1983, a plaintiff must prove that a policy, practice, or custom of the municipality caused a constitutional deprivation. ... Further, plaintiff has not adduced summary evidence that attributes Lance’s conduct to a policy, practice, or custom of the Weatherford police department. Therefore, the City of Weatherford is entitled to summary judgment with respect to plaintiffs official capacity claims.

Section 1983 requires a plaintiff seeking municipal liability to show that an official policy or custom caused a constitutional violation.

Childers v. Choate · filed 2001-04-09

To establish municipal liability under 42 U.S.C. § 1983, a plaintiff must demonstrate that an official municipal policy or custom caused a constitutional violation.

Section 1983 supports a claim against a town when officials with policy control over its police department allegedly participate in retaliation.

Carvalho v. Town of Westport · filed 2001-04-09

Moreover, the involvement of the Selectmen in Healy’s retaliatory actions supports a claim against the Town because of their policy control of the police department.

A municipality may be liable under § 1983 when a final policymaker approves an investigation so inadequate that it ratifies officers’ alleged use of excessive force.

Wright v. City of Canton, Ohio · filed 2001-04-09

Based on Márchese and Leach, Wright can establish his municipal liability claim by showing (1) a final municipal policymaker approved an investigation into Jackson and Vinesky’s conduct (2) that was so inadequate as to constitute a ratification of them alleged use of excessive force. Wright offers sufficient evidence to make this showing.

Section 1983 does not impose liability on a city when no municipal official committed an underlying constitutional violation.

Khan v. Ryan · filed 2001-04-10

The plaintiff also brings a section 1983 claim against the City of New York. This claim is also dismissed. Since there is no underlying constitutional violation by a municipal official, the City of New York may not be held liable.

For § 1983 liability, one legislator's bad motive cannot be imputed to a legislative body without a significant bloc sharing that motive and circumstances suggesting the probable complicity of others.

Collins v. Nuzzo · filed 2001-04-10

Even if Ravanesi were ill-motivated, one member's bad motive is not imputed to a legislative body for § 1983 liability unless plaintiff shows "both (a) bad motive on the part of at least a significant bloc of legislators, and (b) circumstances suggesting the probable complicity of others."

Section 1983 requires a plaintiff seeking municipal liability to plead and prove an official policy or custom that caused a denial of constitutional rights; respondeat superior is insufficient.

Raymond v. Bunch · filed 2001-04-11

Municipal liability under Section 1983 is not derivative and cannot be based upon a theory of respondeat superior. In order to plead a Section 1983 claim against a municipal defendant, plaintiffs must specifically plead and prove (1) an official policy or custom that (2) causes the plaintiffs to be subjected to (3) a denial of constitutional rights.

Section 1983 does not make a governmental entity liable for an employee’s unlawful acts solely under respondeat superior.

Olinger v. Doe · filed 2001-04-12

A governmental entity may not be held hable for the unlawful acts of its employees under 42 U.S.C. § 1983 solely on a theory of respondeat superior.

Section 1983 permits municipal liability only when a constitutional deprivation results from an official custom or policy.

Van Patten v. City of Binghamton · filed 2001-04-18

It is well-settled that municipalities may only be held liable under § 1983 for their official customs or policies.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show that a municipal policy, practice or custom caused the injury.

Ulysses I & Co. v. Morton · filed 2001-04-18

To demonstrate municipal liability under § 1983, a plaintiff must prove the existence of a municipal policy, practice or custom that is the cause of the plaintiffs injury. ... The district court concluded, and we agree, that the allegations in the complaint concerning the municipal defendants fail to state a claim under § 1983 because they allege no municipal practice or policy.

A city cannot obtain summary judgment on the municipal-policy element of a § 1983 claim merely by pointing to the plaintiff’s lack of evidence when the city knows whether the alleged policy exists and does not deny it.

Davis v. City of New York · filed 2001-04-19

Here, on the other hand, the City is in the unique position of knowing whether the actions plaintiff alleges, if they occurred, took place pursuant to a municipal policy or practice. The City could have denied the existence of a municipal policy in its answer, in its statement of undisputed facts, in an affidavit, or even in its brief. Instead, the City takes no position on the existence of a policy or practice and argues only that plaintiff does not have the evidence to prove it. This failure to deny a material allegation, the accuracy of which is within the City’s knowledge, arguably permits the inference that the City has not denied the allegation because it cannot truthfully do so. ... In short, the City has failed to meet its burden on the Monell issue.

A municipality is liable under § 1983 only when its policy or custom causes a deprivation of rights; respondeat superior alone is insufficient.

Bell v. Dawson · filed 2001-04-20

The Plaintiff, however, has alleged liability only on the basis of respondeat superior and has not identified any county policy or custom that caused an alleged deprivation of his rights.

Section 1983 requires a plaintiff seeking municipal liability to show that a policy or custom of deliberate indifference caused the constitutional injury.

Jones v. City of Burkburnett · filed 2001-04-23

Instead, as the Response correctly notes, the Plaintiff must demonstrate that there exists a policy or custom of deliberate indifference to the Plaintiffs constitutional rights, and that this policy or practice was a cause of her injuries.

A municipality may be liable under § 1983 when its policy or custom is directly linked to an alleged constitutional deprivation.

Kostrzewa v. City of Troy · filed 2001-04-23

The plaintiff alleged facts in his complaint which establish this direct link, stating that Officers Kocenda and Jenkins, upon hearing his complaints that the handcuffs were too tight and too small for his wrists, told him that, pursuant to the City of Troy’s policy, they were required to handcuff all detainees.

Section 1983 requires proof of a county’s deliberate indifference and a causal link to the rights violation before the county can be liable for its officers’ excessive force.

Lewis v. Board of Sedgwick County Commissioners · filed 2001-04-25

In this case, the evidence was simply insufficient to show that Sedgwick County was deliberately indifferent to the use of excessive force against detainees at the Detention Facility, or that such indifference by the county was the cause of the violation of plaintiffs rights. Because these are necessary elements for a claim against the county under § 1983, the jury’s verdict in favor of plaintiff must be vacated, and judgment as a matter of law must be entered for the county.

Section 1983 permits municipal liability when an alleged constitutional injury is caused by an official with final policymaking authority, which a school board’s chief executive officer may have under state law.

Burke v. Chicago School Reform Board of Trustees · filed 2001-04-30

Thus, “custom or policy” may be established by “an allegation that the constitutional injury was caused by a person with ‘final policymaking authority.’ ” ... Burke points out that Valias, the Board’s Chief Executive Officer, is such an individual, and we agree. ... Therefore, in viewing the facts in the light most favorable to Burke, we find that she has adequately established municipal liability to survive Defendants’ motion to dismiss as to Counts I and III.

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

Henrise v. Horvath · filed 2001-04-30

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 requires a plaintiff suing a municipality to allege that an employee acted under an unconstitutional municipal policy or custom or had final decisionmaking authority granted by the municipality.

Rodgers v. Arlington Heights School District No. 25 · filed 2001-05-01

The plaintiffs claim under 42 U.S.C. § 1983 must likewise be dismissed for failure to state a claim. To plead a Section 1983 claim against a municipality, the plaintiff must allege either that (1) the municipal employee’s actions were taken pursuant to an unconstitutional policy or custom of the municipality itself, or (2) the municipality granted “final decisionmaking authority” to a municipal employee.

Section 1983 municipal liability requires an underlying violation of federal rights.

Wu v. City of Redwood City · filed 2001-05-02

Because there was no evidentiary basis for any violation of Wu’s federal rights, summary judgment was appropriate on her claim for municipal liability.

A § 1983 claim against a city can proceed when the complaint sufficiently alleges that a deliberately indifferent city policy caused a constitutional violation.

Lee v. City of Los Angeles · filed 2001-05-04

Plaintiffs sufficiently allege that the City maintained policies that “amount[ed] to deliberate indifference” to their constitutional rights and that the policies were “the moving force behind the constitutional violation.”

Section 1983 permits municipal liability only when the wrong was committed according to municipal policy, practice or custom.

Sorchini v. City of Covina · filed 2001-05-04

The City of Covina may only be liable if the wrong was committed according to municipal policy, practice or custom. See Monell v. Department of Soc. Sens., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). The city presented uncontroverted evidence that police policy requires its officers to give a warning prior to using a dog. Even if the officers in this case failed to do so, the city would not be liable under 42 U.S.C. § 1983.

Section 1983 requires a causal connection between a municipal policy and a constitutional deprivation for municipal liability.

King v. Montgomery County Sheriff's Department · filed 2001-05-04

Upon review, we conclude that the district court properly dismissed King’s complaint against the Montgomery County Sheriffs Department, Sheriff Billy Smith, and Doug Tackett because King did not allege a causal connection between a municipal policy and any constitutional deprivation.

A municipal liability claim under § 1983 can fail as a result of a verdict in favor of the officers.

Daye v. Zellmer · filed 2001-05-08

The evidence of his incarceration and subsequent exoneration was irrelevant to probable cause, and even if relevant to damages, the exclusion was harmless because of the verdict in favor of the officers. Daye’s Monell claim also fails because of the verdict.

Section 1983 requires a plaintiff suing a county to allege facts showing an unconstitutional policy or custom.

Hernandez v. Remco Hydraulics, Inc. · filed 2001-05-08

The claims brought pursuant to 42 U.S.C. § 1983 fail to allege sufficient facts to show an unconstitutional policy or custom by Mendocino County.

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

Yoel v. Scott · filed 2001-05-08

Second, the district court properly granted summary judgment for the defendant city and dismissed the complaint with respect to the defendant police department because plaintiff cannot show a direct causal link between a municipal policy or custom and a constitutional deprivation.

A municipality may be liable under § 1983 when its policy or custom causes an injury; isolated sporadic events do not establish municipal liability.

Dawn Case v. Kitsap County Sheriff's Department · filed 2001-05-09

The district court also properly dismissed Case's claims against Kitsap County and Kitsap County Sheriff's Department. A municipality may be held liable under§ 1983 "when execution of a government's policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury . . . ." Monell v. Dep't of Soc. Serv., 436 U.S. 658, 694 (1978). Although inadequacy of police training may serve as the basis for municipal liability in certain circumstances, the evidence presented by Case does not support such a claim, nor can liability be predicated on the isolated sporadic events in this case.

Section 1983 requires an official policy or tolerated custom that results in a constitutional deprivation to hold a county or sheriff liable.

Howard v. Calhoun County · filed 2001-05-10

To impose liability on the County or the Sheriff, plaintiff must show that an officially executed policy, or the toleration of a custom, resulted in a constitutional deprivation.

Section 1983 permits municipal liability only when a municipal policy or custom caused the violation of constitutional rights.

Kent v. Katz · filed 2001-05-11

In order for Kent to hold Colches-ter liable on his § 1983 claims, he must show that the violation of his constitutional rights resulted from a municipal policy or custom.

Section 1983 permits municipal liability only when a city policymaker’s deliberate choice makes the municipality the moving force behind the injury.

Latuszkin, Nickolaj v. Chicago Police Dept · filed 2001-05-14

A municipality may only be held liable where it is the moving force behind the injury because some policymaker made a deliberate choice to act or not act in a certain way.

Section 1983 permits a claim against a municipality for a constitutional injury caused by an official whose actions represent municipal policy; an official without final decisionmaking authority cannot bind the municipality on that basis.

Bechtel v. City of Belton · filed 2001-05-14

A lawsuit may be maintained under 42 U.S.C. § 1983 for a municipality's violation of an employee's constitutional rights by actions of an individual representing official policy. ... Actions alleged to be in retaliation for Bechtel's First Amendment rights were imposed by Denkler who clearly lacked final decisionmaking authority.

Section 1983 imposes municipal liability only when a municipal policy or custom causes a violation of the plaintiff's constitutional rights.

Thompson v. Ashe · filed 2001-05-14

Liability under § 1983 attaches only where a policy or custom of the municipality has caused a violation of the plaintiffs’ constitutional rights.

Section 1983 claims against a municipality or an official in an official capacity require a municipal policy, custom, or practice that violates the plaintiff’s rights.

Knighton v. City of Syracuse Fire Department · filed 2001-05-15

As discussed in footnote 7, to maintain a claim against the Fire Department and Cummings in his official capacity, Plaintiff must allege a municipal custom, policy or practice. Again, the Court finds that Plaintiff has failed to come forward with evidence sufficient to show that there was a municipal custom, policy or practice of violating individuals' equal protection rights.

A § 1983 plaintiff must show that an alleged deprivation was pursuant to a municipal custom or policy to establish municipal liability.

LaGrange v. Ryan · filed 2001-05-16

At this stage of the proceedings, plaintiff need only make a showing that his alleged deprivation was pursuant to a municipal custom or policy. The defendants have admitted that such a policy exists. The constitutionality of that policy is not relevant to the determination of whether or not the plaintiff has stated a claim of municipal liability under § 1983.