42 U.S.C. § 1983

Section 1983 requires a plaintiff seeking to hold a municipality liable to plead and prove that a municipal policy or custom directly caused a constitutional violation.

Overhoff v. Ginsburg Development, L.L.C. · filed 2001-05-16

In order to hold a municipality-liable under 1983, a plaintiff must plead and prove a municipal policy or custom that directly caused the constitutional violation.

Section 1983 permits municipal liability when the injury is caused by officials whose acts are attributable to the municipality or by a municipal policy or custom.

Howcroft v. City of Peabody · filed 2001-05-17

A municipality may be liable under § 1983, see Monell v. Department of Social Servs. of New York, 436 U.S. 658, 688, 694 (1978), but only if the injury is caused by “officials whose acts may fairly be said to be those of the municipality,” or if there is a municipal policy or custom that caused the injury.

A § 1983 claim against a municipality requires sufficient evidence of a municipal custom or policy connected to the alleged violation.

McKeon v. Daley · filed 2001-05-17

The District Court dismissed McKeon’s claims against Defendant-Appellant County of Herkimer because McKeon failed to raise a genuine issue of material fact regarding the existence of any municipal custom or policy relating to her prosecution for perjury. ... For essentially the reasons provided by the District Court, we affirm the dismissal of McKeon’s claims alleging malicious prosecution and false arrest against Daley in his individual capacity, her claims against Daley in his official capacity, and her claims against the County of Herkimer.

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

Hucker v. City of Beaumont · filed 2001-05-18

The assertion that the City of Beaumont cannot be held vicariously liable for the actions of its employees under § 1983 is correct.

A § 1983 claim against a county must allege unconstitutional conduct resulting from an official policy, practice, or custom.

King County v. Rasmussen · filed 2001-05-25

A cause of action against a county for constitutional violations requires both allegations of unconstitutional behavior and allegations that the conduct resulted from an official policy, practice, or custom.

Section 1983 municipal liability claims are adequately pleaded when the complaint alleges a municipal policy or custom, causation, and deliberate indifference or willful blindness by a municipal policymaker.

Farwell v. Town of Brookline, et al. · filed 2001-05-29

In i t , as to each municipal defendant Farwell alleges: (1) a municipal policy-maker adopted a policy and/or allowed a custom to develop; (2) the challenged custom and/or policy proximately caused the constitutional violations of which Farwell complains; and (3) the policy-maker acted with deliberate indifference or willful blindness to the strong likelihood that the unconstitutional conduct of which Farwell complains would result from implementation and/or tolerance of that custom or policy. ... He has done so and if he is able to prove each of those elements, he is entitled to relief.

A city is liable under § 1983 for property damage caused by its employees only if the damage resulted from a deliberately chosen unconstitutional policy or practice.

Boldt v. City of San Antonio · filed 2001-05-29

Because the Boldts did not present evidence that the City made a deliberate choice to follow a practice or policy of entering private property without providing notice and obtaining permission from property owners, they have not shown that their property was damaged pursuant to an unconstitutional policy.

Section 1983 permits damages, injunctive relief, or declaratory relief against a municipality, and a municipal custom may be shown through circumstantial facts.

Lyde v. New York City · filed 2001-05-30

Pursuant to § 1983, a municipality can be held liable for damages and either injunctive or declaratory relief. ... A municipal custom may be established by showing facts that circumstantially support such an inference.

Section 1983 requires a plaintiff seeking to hold a county liable to show that a deliberate choice by county policymakers caused the injury.

Rivera v. County of Westchester · filed 2001-06-06

The plaintiff has failed to “show that county policymakers made a ‘deliberate choice’ among various alternatives and that the policy caused the injury” to decedent Ivan Figeroa, Jr. (Starcher v Correctional Med. Sys., 2001 WL 345810, *5, 2001 US App LEXIS 5394, *13, quoting Pembaur v City of Cincinnati, 475 US 469, 483 [1986]).

A municipality may be liable under § 1983 when the challenged action reflects its policy or custom or a decision by an official with final policymaking authority.

Tipaldo v. Lynn · filed 2001-06-07

The motion was properly denied absent any showing that it has ever been City policy or custom to permit retaliatory personnel actions against employees who report suspected wrongdoing in their agencies, or that the Commissioner and First Deputy Commissioner of plaintiffs agency, who allegedly made the decision to demote plaintiff and are named herein as defendants in their official capacities, have final policymaking authority with respect to personnel matters (see, City of St. Louis v Praprotnik, 485 US 112, 123, 128-130; cf., Matter of City of New York v City Civ. Serv. Commn., 60 NY2d 436, 441-442).

Section 1983 requires a plaintiff suing a municipality to show that a policy or custom caused the alleged deprivation of rights.

Martinez v. Montrose Sheriff's Department · filed 2001-06-11

The district court correctly held that in order to state a claim against the Montrose Sheriff’s Department, Mr. Martinez was required to show that the municipality’s (here, Montrose County) harmful acts resulted from a policy or custom adopted or maintained with objective deliberate indifference to his constitutional rights.

Section 1983 requires an unconstitutional custom or policy to support a claim against a municipality for denial of medical care.

Garcia v. City of Boston · filed 2001-06-12

García, however, did not demonstrate that his failure to receive inpatient treatment was the result of "an unconstitutional custom or policy." Id. at 83. ... We agree with the district court's reasoning and conclusion and affirm on that basis.

Section 1983 does not permit municipal liability when the officers committed no constitutional violation.

Jackson v. City of Detroit · filed 2001-06-12

Because officers May and Soto did not violate the United States Constitution, liability may not lie with the Detroit Police Department.

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

Davis v. City of Cincinnati · filed 2001-06-12

In order to maintain a claim against the county defendants, Davis must establish that he was deprived of a federally-protected right and that this deprivation was caused by a policy or custom of the county defendants.

For a pretrial detainee’s medical care claim under § 1983, an official’s personal liability for a discrete omission is assessed subjectively, while municipal liability for a policy or custom is assessed objectively.

Gibbs v. Grimmette · filed 2001-06-15

We analyze an official’s personal liability for discrete acts or omissions under a subjective deliberate indifference test. A municipality’s liability for an alleged unconstitutional policy or custom, however, requires an objective analysis.

Section 1983 requires a municipality’s liability to be considered independently of the individual state actor’s liability.

S.M. v. Lakeland School District · filed 2001-06-26

Rather, a section 1983 action against a municipality must be considered independently of the section 1983 claim against the individual state actor.

Section 1983 permits municipal liability when an official with policymaking authority acts with deliberate indifference to a plaintiff’s rights.

Lynch v. City of Philadelphia · filed 2001-06-29

Therefore, a jury could find the Defendant Timoney acted with deliberate indifference to the rights of the Plaintiff and municipal liability could be imposed.

Section 1983 does not impose municipal liability when the officers committed no underlying constitutional violation.

Leong v. City of Detroit · filed 2001-07-06

However, the City cannot be liable where, as held earlier, there has been no violation of Mr. Leong’s constitutional rights.

Section 1983 requires a sufficient policy to sustain a claim against a municipality.

Whitaker v. Henry · filed 2001-07-09

Whitaker has failed to identify a policy sufficient to sustain a cause of action against the City under 42 U.S.C. § 1983.

A Section 1983 claim against the District for IDEA violations requires evidence of a custom or practice of those violations.

Pestronk v. District of Columbia · filed 2001-07-10

The Court has considered and rejects plaintiff's remaining claims under Section 1983 and The Rehabilitation Act. ... Assuming arguendo that the claims could be maintained in this forum, notwithstanding Matthew's nonresidency in the District of Columbia, plaintiff has failed to demonstrate a custom or practice of IDEA violations or any factual predicate for establishing a claim under The Rehabilitation Act.

Section 1983 requires a causal link between a city policy and the claimed injury for municipal liability.

Singleton v. City of Fort Worth · filed 2001-07-13

We are not persuaded that there is a genuine issue of material fact regarding Singleton’s claims made under 42 U.S.C. § 1983 for the reason that a reasonable jury could not find the requisite ... causation between a city policy and the claimed injury.

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

Romero v. Universal City TX · filed 2001-07-16

But Castro has not alleged that an official municipal policy, practice, or custom led to a violation of his constitutional rights.

Section 1983 permits municipal liability when an employee commits a violation pursuant to a formal government policy or a longstanding practice or custom.

Binti Watts and Christopher Pryor v. County of Sacramento, a Municipal Corporation Lorie Timberlake Bryan Munn Donald Bl · filed 2001-07-16

A municipality may be held liable under § 1983 if the plaintiff proves that a government employee committed the alleged violation pursuant to a formal government policy or a “longstanding practice or custom which constitutes the ‘standard operating procedure’ of the local government entity.” ... Because the standard for imposing municipal liability dn a motion to dismiss depends on facts yet to be developed, and because the basis for the district court’s refusal to reach the municipal-liability claim is flawed, we must remand the claim for further consideration by the district court.

Section 1983 municipal liability for failure to train requires an underlying constitutional deprivation.

Hofer v. City of Auburn, Alabama · filed 2001-07-25

“Only when it is clear that a violation of specific rights has occurred can the question of § 1983 municipal liability for the injury arise.” ... Since the court has determined that Plaintiff did not suffer a constitutional deprivation, the court finds that Plaintiffs claim for failure to train, instruct, supervise, control, and discipline police officers fails.

Section 1983 requires a plaintiff suing a school board to show that an official policy or custom of the board caused the injury.

Horwitz, Karen v. Bd Educ Avoca School · filed 2001-07-26

Monell places the burden on Horwitz to demonstrate that an official policy or custom of the Board’s caused her injury.

A municipal liability claim under § 1983 can survive a motion to dismiss on a bare allegation that officers acted under an official policy, custom, or practice.

Estate of Amos ex rel. Amos v. City of Page · filed 2001-07-26

“In this circuit, 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.”

A municipality may be liable under § 1983 for inadequate training when its deliberately indifferent policy causes a deprivation of constitutional rights.

Estate of Amos Ex Rel. Amos · filed 2001-07-26

To prevail on his Canton claim, Trustee must have sufficiently alleged that: (1) Amos was deprived of his constitutional rights by the City acting under color of state law; (2) that the City has customs or policies which amount to "deliberate indifference" to Amos's constitutional rights; and (3) that these policies were the "moving force behind the constitutional violations."

Section 1983 requires a plaintiff seeking to hold a school board liable to show that the board’s official policy or custom caused the injury.

Horwitz v. Board of Education of Avoca School District No. 37, John W. Sloan, Venette Biancalana, and Dorothy Ball · filed 2001-07-26

Monell places the burden on Horwitz to demonstrate that an official policy or custom of the Board’s caused her injury.

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

Shealy v. Caldwell · filed 2001-07-27

A section 1983 action may not be premised upon respondeat superior, therefore, Crawford County is dismissed from the suit.

Section 1983 claims against a municipal entity may survive a motion to dismiss when the complaint alleges that policymakers committed the challenged acts or that the entity directly violated the plaintiff’s rights; those allegations are taken as true at the pleading stage.

Brogan v. Board of Educ. of City of Chicago · filed 2001-07-30

So when the FAC here alleges that the action of which Brogan complains represented the conduct of policymakers (FAC ¶¶ 15-17), those averments must be taken as gospel for Rule 12(b)(6) purposes. And the same is true of the allegations in FAC ¶ 14, which assert direct failures on Board’s part that themselves violated Brogan’s constitutional rights.

Section 1983 permits liability for an entity that assumes a city's detention duties, while the city retains oversight obligations.

Ford v. City of Boston · filed 2001-07-31

Thus, any entity, public or private, that takes on the city's obligations may be held liable as a state actor under § 1983, but the city, too, retains its oversight obligations.

Section 1983 municipal liability requires proof of a county custom; two incidents alone do not establish one.

Clausing v. King County · filed 2001-08-01

At any rate, two incidents do not a custom make.

Section 1983 permits a claim against a municipality when the plaintiff alleges that the official responsible for the challenged policy was the municipality’s ultimate decision maker.

Russo v. City of Hartford · filed 2001-08-02

Therefore, by pleading that Chief Croughwell was the ultimate decision maker with regard to the policies at issue in this case, Russo has stated a § 1983 claim upon which relief can be granted against the City of Hartford.

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

Billings v. Madison Metro. School Dist · filed 2001-08-02

A municipality may not be held vicariously liable, under sec. 1983, for the unconstitutional acts of its employees.

Section 1983 permits municipal liability when a constitutional violation is caused by an official with policymaking authority in the relevant area.

Ward v. Housatonic Area Regional Transit District · filed 2001-08-03

Clearly, Bergstraesser has the authority to suspend passengers and to make policy regarding how the HART rules and regulations are implemented. As such, HART cannot assert that it cannot be held liable for Ward’s First Amendment claims based on Bergstraesser’s alleged conduct. Therefore, the court finds that HART can be held liable for claims under Counts Four, Twelve, Fifteen and Twenty-Four.

Section 1983 does not make a municipality liable for its employees’ actions solely under respondeat superior.

Brandon v. Village of Maywood · filed 2001-08-03

A municipality cannot be held liable for the actions of individual employees under § 1983 based on a theory of respondeat superior.

A county’s training and supervision practices do not support § 1983 liability for a jail suicide when they are not deliberately indifferent to the risk of suicide.

Tiessen v. Cty. of Pine · filed 2001-08-03

In determining that Pine County’s customs and practices for training and supervising its officers were not deliberately indifferent to the risk of jail suicides, the district court properly applied the standard for ruling on summary judgment motions and this court’s prior inmate suicide cases.

Section 1983 permits a claim against a county only when a county policy, practice, or custom caused the alleged constitutional violation.

Vincent v. Prince George's County, MD · filed 2001-08-06

The County can be sued directly under § 1983 only if the alleged unconstitutional action Plaintiff complains of resulted from a County policy, practice or custom.

Section 1983 permits a claim against a municipality only when the alleged unconstitutional action resulted from its policy, practice, or custom.

Williams v. Prince George's County, MD · filed 2001-08-06

The County can be sued directly under § 1983 only if the alleged unconstitutional action Plaintiff complains of resulted from a County policy, practice or custom.

Section 1983 permits municipal liability for an injury caused by a government policy or custom, including a decision by an official whose acts represent county policy, but not vicarious liability for employees’ acts.

Duvall v. County of Kitsap · filed 2001-08-14

Under Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), a municipality sued under § 1983 is not subject to vicarious liability for the acts of its agents: it is only liable when the “execution of a government’s policy or custom ... made by ... those whose edicts or acts may fairly be said to represent official policy, inflicts the injury.”

A county is liable under § 1983 only when its unconstitutional policy or practice causes a civil-rights violation; respondeat superior is insufficient.

Leora Price v. Frank Vance Turner El Dorado County · filed 2001-08-14

To succeed on this claim, Price must be able to establish that the County’s actions constituted an unconstitutional policy or practice that resulted in a violation of her civil rights. ... She has not met this burden, and the County cannot be liable under § 1983 on a theory of respondeat superior.

Section 1983 municipal liability requires a constitutional deprivation arising from a governmental custom, policy or practice.

Leon v. County of San Diego · filed 2001-08-15

Plaintiffs must show that the unconstitutional deprivation of rights arises from a governmental custom, policy or practice.

Section 1983 makes a municipality liable only for the consequences of its policies.

Kies v. City of Aurora · filed 2001-08-16

Under § 1983, a municipality is answerable only for the consequences of its policies.

Section 1983 permits municipal liability when a constitutional deprivation is caused by a municipal policy, custom, or practice, or by an official with final policymaking authority.

Hartman v. Lisle Park District · filed 2001-08-16

In actions under 42 U.S.C. § 1983, a municipal entity like the District may be held liable only if the alleged constitutional deprivation was caused by a policy, custom, or practice of the municipality, or by a municipal official with final policymaking authority.

Section 1983 permits municipal liability for failure to train or supervise police officers only when that failure amounts to deliberate indifference to the rights of people they encounter.

Grey v. City of Kalispell · filed 2001-08-17

The failure of a city to train or supervise its police officers properly is actionable under § 1983 only when it amounts to deliberate indifference to the rights of persons with whom the officers come in contact.

Section 1983 permits a claim against a local government when an official policy or custom caused the alleged constitutional deprivation.

Arpin v. Santa Clara Valley Transportation Agency · filed 2001-08-20

A local governmental entity may be sued under section 1983 where the alleged constitutional deprivation was inflicted pursuant to an official policy or custom.

Section 1983 requires a plaintiff suing a municipality to allege that a municipal custom or policy caused a violation of constitutional rights.

Verbeek v. Teller · filed 2001-08-21

To state a § 1983 claim against a municipality, the plaintiff must allege that his constitutional rights were violated pursuant to a custom or policy of the municipality.

Section 1983 does not make a municipality liable for an employee’s unauthorized act without evidence that the act followed a government custom or policy.

Sawyer v. Lexington-Fayette Urban County Government · filed 2001-08-21

A municipality will not be held liable under § 1983 for random, unauthorized acts of its employees. ... Sawyer does not provide any evidence that his arrest by Harris was made pursuant to a government custom or policy. Therefore, the government entities were entitled to summary judgment.

Section 1983 municipal liability for failure to train requires identifying a policymaker responsible for training and connecting the training failure to the alleged constitutional deprivation.

Williams v. Port Arthur Police · filed 2001-08-23

Moreover, Williams has not identified any policymaker responsible for training police officers nor has he argued that a failure to train directly caused his alleged constitutional deprivation.

Section 1983 does not impose municipal liability under a theory of respondeat superior.

Covell Ex Rel. Johnson v. County of Oswego · filed 2001-09-05

In a suit brought pursuant to § 1983, a municipality may not be held liable under a theory of respondeat superior.

Section 1983 municipal liability can rest on a final policymaker’s decisions, including when final decisionmaking authority has been delegated.

Yalowizer v. Town of Ranchester · filed 2001-09-05

While final decisionmaking authority may be delegated, Ware , 902 F.2d at 817, the record clearly contains insufficient evidence to support David’s contention that the town council had delegated its final decisionmaking authority regarding David’s variance and related matters to Mayor Lanka.

Section 1983 does not impose liability on a school board without evidence that an official custom or policy caused a constitutional deprivation.

Kadetsky v. Egg Harbor Township Board of Education · filed 2001-09-10

Moreover, the summary judgment record contains no evidence of an established custom or policy condoning the violation of Plaintiffs constitutional rights; therefore, I shall grant Defendants’ Motion for Summary Judgment on § 1983 liability as it pertains to the Egg Harbor Board of Education.

Section 1983 does not permit municipal liability for inadequate training or supervision when the officers involved in the arrest did not violate the plaintiff’s constitutional rights.

Curley v. Village of Suffern · filed 2001-09-10

Following Heller, we have recognized that a municipality cannot be liable for inadequate training or supervision when the officers involved in making an arrest did not violate the plaintiffs constitutional rights.

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

Carter v. Mayor and City Council of Baltimore · filed 2001-09-13

A municipality like Baltimore City or Baltimore County may not be held vicariously liable under § 1983 for the constitutional violation of an employee merely because of the existence of that employment relationship.

Section 1983 claims against a city and police chief based on unconstitutional policies, training failures, or improper supervision require sufficient evidence to submit the claims to a jury.

Royal v. Cravens · filed 2001-09-20

Finally, the district court properly granted judgment for the City and Chief Smith because Royal failed to make a submissible case on his claims of unconstitutional policies, failure to follow those policies, training failures, and improper supervision of subordinate officers.

Section 1983 holds a municipality liable only when its policymaker deliberately chooses a course of action that causes a constitutional injury.

Austin v. Brookline · filed 2001-09-21

A municipality is liable under 42 U.S.C. § 1983 only if its policymaker made a deliberate choice to act or not act in a certain way and that decision caused a constitutional injury.

A municipality may be liable under § 1983 for a single decision by a municipal policymaker.

Holley v. City of Roanoke, Alabama · filed 2001-09-21

Under certain circumstances, municipal liability may be imposed for a single decision made by a municipal policymaker.

A municipality is not liable under § 1983 when its actor committed no underlying constitutional violation.

McCray v. City of Dothan · filed 2001-10-02

Where there is no underlying constitutional violation by a municipal actor, liability under § 1983 does not attach to the municipality.

Section 1983 does not impose liability on a municipality or supervisor when no injury or constitutional violation occurred.

Jackson v. City of Bremerton · filed 2001-10-05

Neither a municipality nor a supervisor, however, can be held liable under § 1983 where no injury or constitutional violation has occurred.

Section 1983 does not make a municipality liable for its employees’ acts solely under respondeat superior.

WALKER-SERRANO BY WALKER v. Leonard · filed 2001-10-09

Even beyond the ability of the school to control Plaintiff's speech, a municipality cannot be held liable under 42 U.S.C. § 1983 under a theory of respondent superior.

When a § 1983 claim against a city depends on its officers’ acts, liability requires an underlying constitutional violation by those officers.

Muntjan v. Waltemeyer · filed 2001-10-09

In other words, the existence of a constitutional violation by the Officers is a prerequisite for establishing liability of the City Defendants.

Section 1983 holds a school district liable only when its policy or custom played a part in the deprivation of a federal right.

Walker-Serrano ex rel. Walker v. Leonard · filed 2001-10-09

Accordingly, in an official-capacity suit, the entity’s custom or policy must have played a part in the violation of federal law. ... It is clear that the School District’s Policy # 220 did not play a part in the violation of federal law. Therefore, there was not a policy or custom to hold the municipality liable.

Section 1983 requires a plaintiff suing a municipality to show that a municipal custom or policy caused the deprivation of a constitutional right.

Johnson v. New York · filed 2001-10-10

To sustain an action under 42 U.S.C. § 1983, plaintiff must show he was deprived of a constitutional right by a municipal custom or policy.

Section 1983 does not permit municipal liability for officers’ actions when the officers are absolved of liability.

Sinclair v. Michael McBride etc. · filed 2001-10-11

Because the police officers are absolved of liability, the City cannot be held liable for their actions.

A city cannot be liable under § 1983 for its officers’ actions when the officers are absolved of liability.

Sinclair v. City Of Des Moines · filed 2001-10-11

Because the police officers are absolved of liability, the City cannot be held liable for their actions.

Section 1983 permits county liability for a deprivation of federal rights attributable to official county policy; the complaint must allege a basis for that liability.

Lawson v. Toney · filed 2001-10-12

Defendant Durham County may be held liable under Section 1983 if Plaintiff suffered a deprivation of his federal rights and Defendant Hill’s actions constituted official county policy. ... However, because all claims against Defendant Hill are barred by claim preclusion, no omission of Defendant Hill can be imputed to Defendant Durham County. Furthermore, Plaintiff has not alleged a separate basis of liability against Durham County. Therefore, the court will dismiss the Section 1983 claim against Defendant Durham County for failure to state a claim upon which relief can be granted.

Section 1983 does not impose municipal liability when the plaintiff cannot establish a constitutional violation by the individual defendants.

Burda Bros. v. Walsh · filed 2001-10-12

Because we have found plaintiffs could not establish constitutional violations by the individual defendants, there can be no liability on the part of the municipal defendants.

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

Morris v. Crawford County, Ark. · filed 2001-10-23

Under Section 1983, a municipality can be held hable for the unconstitutional acts of its employees if a municipal policy or custom was the moving force behind the constitutional violation.

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

Savino v. City of New York · filed 2001-10-30

A municipality can found liable under § 1983 only where the violation of constitutional rights resulted from a municipal policy or custom. ... Accordingly, the essential causal link between the formal policy and the alleged violation of plaintiffs constitutional rights is absent.

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

Cline v. Union County, Iowa · filed 2001-10-30

To establish municipal liability, a plaintiff must prove that a municipal policy or custom was the moving force behind the constitutional violation; only deliberate action by a municipality can meet the “moving force” requirement. ... Cline has offered no evidence that any previous arrests were illegal.

Section 1983 does not make a municipality liable for random, unauthorized acts of its employees.

O'Neal v. O'Neal · filed 2001-10-30

A municipality will not be held liable under § 1983 for random, unauthorized acts of its employees.

A § 1983 claim against a municipal authority requires proof that a pattern or custom of indifference caused the claimed injury.

Vargas v. 1387 Grand Concourse Realty Corp. · filed 2001-11-01

Plaintiffs’ civil rights claim under 42 USC § 1983 was properly rejected since they failed to show a pattern or custom of municipal indifference to shoddy inspections for lead paint or that the infant plaintiff’s injuries resulted from this practice (Canton v Harris, 489 US 378, 389-390; Monell v Department of Social Servs., 436 US 658; Jackson v Police Dept., 192 AD2d 641, lv denied 82 NY2d 658, cert denied 511 US 1004).

Section 1983 does not permit municipal liability for failure to train or supervise when the officers caused no constitutional injury.

Pasiewicz v. Lake County Forest Preserve District · filed 2001-11-02

Because the officers did not violate Pasiewicz’s constitutional rights, he did not suffer constitutional injury. Accordingly, under City of Los Angeles v. Heller, 475 U.S. 796, 799 (1986) (per curiam), the district cannot be held liable.

Section 1983 does not make a municipality liable solely for employing an officer; municipal liability requires that the challenged action implement an official policy or decision.

Bradfield v. City of Memphis · filed 2001-11-05

As Bradfíeld did not allege that the officers’ actions were pursuant to a policy or decision of city officials, the city cannot be held liable under § 1983 for Bradfield’s arrest.

Section 1983 requires a plaintiff seeking to hold a political subdivision liable for harassment to show a strong custom that allowed it to continue and a direct causal link to the constitutional deprivation.

Lagunovich v. Findlay City School System · filed 2001-11-09

The plaintiff must show a strong custom that allowed the harassment to continue and a direct causal link between the custom and the alleged constitutional deprivation.

A § 1983 claim against a city fails unless a city employee violated the plaintiff’s federal rights.

Orin v. Barclay · filed 2001-11-09

A § 1983 action against a city fails as a matter of law unless a city employee’s conduct violates one of the plaintiffs federal rights.

Section 1983 requires a direct causal connection between a school district policy, practice, or custom and the plaintiff’s constitutional injury; dissimilar prior conduct does not establish that connection.

Gottlieb v. Laurel Highlands Sch · filed 2001-11-15

Gottlieb has failed to allege a direct casual connection between any such practice and her injury. ... The previous conduct is not sufficiently similar to draw a direct causal connection to Gottlieb's injury.

Section 1983 requires a plaintiff suing a city to allege that an official policy or practice caused the constitutional deprivation.

Luna v. City of San Bernardino · filed 2001-11-15

Because Luna failed to allege constitutional deprivations that were the result of any official policy or practice, the district court properly dismissed his section 1983 claims against the City of San Bernardino.

Section 1983 requires a causal connection between a school district’s policy, practice, or custom and the plaintiff’s injury before the district can be held liable.

Rhonda Gottlieb, by and Through Her Guardian and Parent, Mary Calabria v. Laurel Highlands School District Michael Carbo · filed 2001-11-15

Because Gottlieb has not alleged sufficient facts to establish causation, we need not consider whether the School District acted with deliberate indifference and established and maintained an unconstitutional policy, practice, or custom.

Section 1983 municipal liability requires evidence of a municipal policy or custom behind the challenged conduct.

Maxey v. Banks · filed 2001-11-21

Plaintiff has also failed to put forth any admissible evidence showing that the City of Muskogee, through its police department, had a general policy or custom of not properly investigating crimes involving black victims as is required to establish a § 1983 claim for municipal liability.

Section 1983 requires a plaintiff seeking to hold a municipality liable for an officer’s conduct to allege or show that a municipal policy or custom condoned it.

Shaffer v. Brinegar · filed 2001-11-26

Such assertions, even if taken as true and proven at trial, are insufficient to impose liability on the City or its police department because Shaffer failed to allege or show that Brinegar’s alleged use of excessive force was condoned as a policy or custom of the City or police department.

Section 1983 permits school district liability only when an employee commits a constitutional violation and a district policy or custom causes the deprivation.

Castaldo v. Stone · filed 2001-11-27

Under Monell, the School District and its policy makers may not be held liable pursuant to § 1983 unless one of the School District employee’s committed a constitutional violation and a School District policy or custom was the moving force behind the constitutional deprivation.

Section 1983 permits municipal liability only when an employee committed a constitutional violation and a municipal policy or custom was the moving force behind it.

Ruegsegger v. JEFFERSON COUNTY BD. OF CTY. COM'RS · filed 2001-11-27

Liability does not attach to the governmental entity pursuant to § 1983 for the acts of its employees, including those with final authority, unless a plaintiff can show: 1) that a municipal employee committed a constitutional violation; and 2) a municipal policy or custom was the moving force behind the constitutional deprivation.

Section 1983 permits municipal liability for an employee’s constitutional violation only when a municipal policy or custom was the moving force behind it.

Schnurr v. Board of County Com'rs of Jefferson · filed 2001-11-27

Liability does not attach to the governmental entity pursuant to § 1983 for the acts of its employees unless the Plaintiff can show: 1) that a municipal employee committed a constitutional violation; and 2) a municipal policy or custom was the moving force behind the constitutional deprivation.

Section 1983 permits municipal liability only when a municipal employee commits a constitutional violation and a municipal policy or custom is the moving force behind it.

Rohrbough v. Stone · filed 2001-11-27

Liability does not attach to the governmental entity pursuant to § 1983 for the acts of its employees unless the Plaintiff can show: 1) that a municipal employee committed a constitutional violation; and 2) a municipal policy or custom was the moving force behind the constitutional deprivation.

Section 1983 permits municipal liability when a deliberate city policy is the moving force behind a constitutional deprivation.

Clark v. City of Reno · filed 2001-11-27

To hold the City liable for § 1983 violations, the Appellants must show that (1) they were deprived of a constitutional right, (2) the City had a deliberate policy sanctioning the deprivation, and (3) the policy is the “moving force behind the constitutional violation.”

Section 1983 municipal liability requires a constitutional violation by a municipal employee and a municipal policy or custom that was the moving force behind it.

Ruegsegger v. Jefferson County Board of County Commissioners · filed 2001-11-27

Liability does not attach to the governmental entity pursuant to § 1983 for the acts of its employees, including those with final authority, unless a plaintiff can show: 1) that a municipal employee committed a constitutional violation; and 2) a municipal policy or custom was the moving force behind the constitutional deprivation.

Section 1983 does not impose liability on a county for its officers’ actions when the officers caused no constitutional injury.

Reasonover v. Wellborn · filed 2001-11-28

Houston County is entitled to summary judgment as a matter of law because no constitutional violation was committed by the individual defendants. If the individual defendants inflicted no constitutional injury on respondent, it is inconceivable that Houston County could be liable to Reasonover.

Section 1983 requires a plaintiff opposing summary judgment on a claim against a municipality to present enough evidence to create a genuine factual dispute about both a constitutional violation and municipal responsibility for it.

Ramirez v. Las Vegas Metropolitan Police Department · filed 2001-11-30

In order to withstand summary judgment in a 42 U.S.C. § 1983 claim against a municipal entity, a plaintiff must offer enough evidence to create a genuine issue of material fact as to both the existence of a constitutional violation, and municipal responsibility for that violation.

A municipality is liable under § 1983 for police brutality only if the apprehension was unconstitutional and the injury resulted from a municipal custom or policy.

Kuha v. City of Minnetonka · filed 2001-12-03

To hold the City of Minnetonka hable for a § 1983 brutality claim, plaintiff must establish that: (1) his apprehension by Arco was unconstitutional; and (2) his injuries were the result of the City’s custom or policy.

Section 1983 requires a plaintiff seeking municipal liability to show that the alleged policy was the moving force behind the injury.

Wayman v. County of Los Angeles · filed 2001-12-04

A § 1983 plaintiff can prevail only by demonstrating that the alleged policy is so “closely related to the ultimate injury” as to constitute the “moving force behind” it.

Section 1983 imposes liability on a school district when a deprivation results from its official policy or custom.

Harris Ex Rel. Harris v. Robinson · filed 2001-12-07

There is no evidence that Ms. Robinson’s actions were consistent with an official policy or custom of the Wister School District. See Monell v. Department of Soc. Serv. of the City of New York, 436 U.S. 658, 690-91, 694 (1978) (section 1983 municipal liability is imposed when the deprivation is the result of a “government[al] policy or custom”).

Section 1983 does not impose municipal liability through respondeat superior; the constitutional violation must be caused by a municipal policy or custom.

Glidewell v. Town of Gantt · filed 2001-12-10

A municipality cannot be held liable for a violation of the constitution under § 1983 on the basis of respondeat superior. Instead, the constitutional violation must have been caused by a policy or custom of the Town of Gantt.

Section 1983 permits suits against municipalities but does not make them liable solely for their employees’ unconstitutional acts.

D'AGASTINO v. City of Warren · filed 2001-12-11

While a municipality is subject to suit under § 1983, ... a municipality does not incur § 1983 liability based solely on the unconstitutional acts of its employees. That is, a municipality cannot be held liable on a theory of respondeat superior.

A municipality cannot be liable under § 1983 if no constitutional violation by an individual defendant is established.

Watkins v. City of Battle Creek · filed 2001-12-11

If no constitutional violation by the individual defendants is established, the municipal defendants cannot be held liable under § 1983.

Section 1983 does not make a municipality liable solely because it employed the person who caused the injury.

Anthony v. Roberson · filed 2001-12-11

A governmental entity may not be sued under § 1983 for an injury inflicted solely because it employed a tortfeasor; the doctrine of respondeat superior simply does not apply to § 1983 suits.

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

West v. Duncan · filed 2001-12-14

Instead, only when the execution of a government’s policy or custom causes an injury may a government be liable under § 1983.

Section 1983 limits municipal liability for an official’s actions to situations where the official has final authority with no higher authority.

Gernetzke v. Kenosha Unified School District No. 1 · filed 2001-12-14

To avoid this the cases limit municipal liability under section 1983 to situations in which the official who commits the alleged violation of the plaintiff’s rights has authority that is final in the special sense that there is no higher authority.

Section 1983 generally does not impose municipal liability for isolated incidents of police misconduct.

Gardner v. Hill · filed 2001-12-18

As stated above, municipalities in the Fifth Circuit are generally not held liable under § 1983 for isolated incidents of misconduct.

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

Hansen v. Cannon · filed 2001-12-18

To impose liability on a municipality, however, the Hansens needed to identify a municipal “policy” or “custom” that caused them injury.

Section 1983 does not permit municipal liability for an employee’s actions unless those actions violate the plaintiff’s constitutional rights.

Livsey v. Salt Lake County · filed 2001-12-26

A municipality may not be held liable for the actions of its employees if those actions do not constitute a violation of a plaintiff's constitutional rights.

Section 1983 does not make a city liable for its police officers’ wrongdoing solely because it employs them.

Moody v. City of Key West · filed 2001-12-26

It is settled that there is no respondeat superior liability for a city under 42 U.S.C. § 1983.

Section 1983 municipal liability requires more than two isolated events, without additional allegations, to support an inference of an unconstitutional policy.

Baxter v. Conte · filed 2001-12-28

A plaintiff, without more, cannot recite two random, isolated events to support an inference of an unconstitutional policy particularly if he makes no allegations other than that there was a conspiracy, writ large, against him.

Section 1983 permits municipal liability when an official with final policymaking authority makes the challenged decision.

Purdy v. Town of Greenburgh · filed 2002-01-02

Accordingly, there is no dispute that Kapica had final and incontestable policy-making authority at least with respect to the denial of recommendations for appointment to the GPD. As a result, when Kapi-ca decided not to recommend plaintiff for appointment, he was the final policymaker and his action is properly considered that of the Town.

Section 1983 permits a claim against a local governmental unit only when the challenged action was taken pursuant to an official policy or governmental custom.

Clark v. La Marque I.S.D. · filed 2002-01-04

Section 1983 only provides a cause of action against local governmental units when the allegedly improper action was taken pursuant to an official policy or governmental custom.

A § 1983 municipal liability claim can survive a motion to dismiss when the complaint alleges that officers acted in accordance with a city policy, custom, or practice.

Venerable v. City of Sacramento · filed 2002-01-04

Further, “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.” ... Under Karim-Panahi, these allegations are sufficient to state a claim for municipal liability.

Section 1983 permits county liability for constitutional violations caused by district attorneys or sheriffs acting as county policymakers.

Bishope Paiute Tribe v. County of Inyo · filed 2002-01-04

We also find that the county District Attorney and Sheriff acted as county officers when they obtained and executed a search warrant over tribal property, thus subjecting the County to liability under 42 U.S.C. § 1983.

Section 1983 permits a claim against a local governmental unit only when the challenged action was taken pursuant to an official policy or custom.

United States v. Matagorda County, Texas · filed 2002-01-10

Section 1983 only provides a cause of action against local governmental units, such as a Sheriffs Department, when the allegedly improper action was taken pursuant to an official policy or governmental custom.

Section 1983 requires evidence of an intentional municipal policy that caused a constitutional deprivation to hold a county liable.

Fuller v. Troup County · filed 2002-01-11

Absent any evidence of an intentional policy which has worked a constitutional deprivation, the trial court properly granted summary judgment against Fuller on his 42 USC § 1983 claim.

A county is not liable under § 1983 for an officer’s conduct when the officer committed no constitutional violation.

Wells v. Nacogdoches County, Texas · filed 2002-01-11

Therefore, Nacogdoches County is entitled to ... summary judgment on plaintiffs’ § 1983 claims because Edward Thornton did not commit a constitutional violation.

A Texas county constable is not a policymaker whose acts or edicts can make the county liable under § 1983.

Pena v. Jimenez · filed 2002-01-11

The issue whether Constable Jimenez is a policymaker for purposes of 42 U.S.C. § 1983 liability is foreclosed by Rhode v. v. Denson, 776 F.2d 107, 108-110 (5th Cir. 1985), which held as a matter of law that the constable of a Texas county precinct was not a policymaker, and, therefore, the county could not be held liable for his acts or edicts.

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

Jackson v. Marrero · filed 2002-01-11

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

Section 1983 permits municipal liability despite an individual official’s exoneration when the two outcomes can be reconciled.

Speer v. City of Wynne, AR · filed 2002-01-14

The appropriate question under Heller is whether a verdict or decision exonerating the individual governmental actors can be harmonized with a concomitant verdict or decision imposing liability on the municipal entity.

Section 1983 requires a county policy or custom to have caused the constitutional deprivation for the county to be liable.

Tave v. Abbott · filed 2002-01-15

Tave has not established that any official policy or custom of Tarrant County caused him a constitutional deprivation.

A municipality is liable under § 1983 for a custom only when actual or constructive knowledge of it is attributable to its policymakers; awareness by jail officials alone is insufficient.

Burns v. Goodman · filed 2002-01-16

Although Burns presented evidence that upper-level jail officials were aware that the detention officers were leaving their shifts during the night shift, the district court correctly noted that she presented no evidence that these instances were ever communicated to the City’s policymakers.

Section 1983 makes a municipality liable when its policy or custom causes an injury, but not merely because its employee committed a wrong.

Johari v. City of Columbus Police Department · filed 2002-01-23

Municipalities are not liable under § 1983 for every misdeed of their employees and agents; instead, it is when execution of a municipality’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 injury that a municipality is responsible under § 1983.

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

White v. Scarbrough · filed 2002-01-24

We conclude the Whites failed to show the City had an unconstitutional custom or policy that caused their injuries.

Section 1983 does not make a municipality liable for its police officers’ actions solely because it employs them.

Ward v. City of Des Moines · filed 2002-02-01

A municipality cannot be liable for the actions of its police officers under a theory of respondeat superior.

A § 1983 claim against a municipality must plead a policy or custom known to city leaders that caused an actual constitutional violation.

Kaplan v. City of Arlington · filed 2002-02-04

Specifically, plaintiff must plead facts showing (1) existence of a policy or custom, (2) that the city’s leaders actually or constructively knew of its existence, (3) a constitutional violation actually occurred, and (4) that the policy or custom served as the moving force behind the violation.

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

MacE Ex Rel. Revill v. City of Palestine, Texas · filed 2002-02-08

However, a municipality cannot be held liable under § 1983 where no constitutional deprivation has occurred.

A municipality can be liable under § 1983 for an official’s action only if the official had final authority to make municipal policy for that action.

Kelley v. LaForce · filed 2002-02-08

Because we agree with the district court’s determination that appellants have not offered sufficient evidence to allow a jury to find that the Town officers or officials had final policy-making authority, we affirm the court’s grant of summary judgment in favor of the Town on the § 1983 claim.

Section 1983 does not permit municipal liability when no constitutional violation occurred.

Zamani v. City of Los Angeles · filed 2002-02-08

Because no constitutional violation occurred, there can be no municipal liability as a matter of law under Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 98 S.Ct., 2018, 56 L.Ed.2d 611 (1978).

Section 1983 permits municipal liability when a city policy causes a constitutional injury, even if individual officers are exonerated.

Fairley v. Luman · filed 2002-02-15

If a plaintiff establishes he suffered a constitutional injury by the City, the fact that individual officers are exonerated is immaterial to liability under § 1983.

Section 1983 municipal or supervisory liability for racial discrimination requires an underlying constitutional violation.

Rogers v. City County Health Department · filed 2002-02-20

This claim is without merit because there is no underlying unconstitutional racial discrimination to support either municipal or supervisory liability in this case.

Section 1983 permits municipal liability for unconstitutional acts by an agent with policymaking authority, or acts taken pursuant to an official policy or custom.

Silberberg v. Lynberg · filed 2002-02-20

Thus, in order to show that the town defendants are liable, the plaintiff must establish that the actions he alleges were unconstitutional were taken (1) by an agent with policymaking authority; (2) pursuant to an official policy; or (3) pursuant to a custom.

Section 1983 does not impose municipal liability when the officers committed no underlying constitutional violation.

Gaddis Ex Rel. Gaddis v. Redford Township · filed 2002-02-20

Because the Court shall grant summary judgment to Defendant officers, it must grant summary judgment to Defendant municipalities as well.

Section 1983 permits liability against a school district only when its policy causes the deprivation of a federal or constitutional right.

Hyde v. Nicholas · filed 2002-02-20

Instead, a political subdivision can only be liable under § 1983 if it maintains a policy that causes the deprivation of a federal or constitutional right.

A school district cannot be held liable under Section 1983 for a guidance counselor's inaction because the counselor is not a policymaking or supervisory official.

Johnson v. Elk Lake Sch Dist · filed 2002-03-01

Moreover, even if we thought that it did, this conversation would still fail to establish S 1983 liability on the part of the Administration because LaFrance, as a guidance counselor, does not qualify as the type of policy-making or supervisory official on account of whose inaction a municipality may be held liable under S 1983.

A county or sheriff’s department can be sued directly under § 1983 only when the unconstitutional action resulted from a governmental custom or policy.

Werbicki v. County of Los Angeles · filed 2002-03-01

Los Angeles County and the Los Angeles Sheriffs Department can only be sued directly under § 1983 for monetary, declaratory, or injunctive relief if the unconstitutional action at issue resulted from a governmental custom or policy. ... Here, the undisputed facts are insufficient to establish an issue of material fact that there was a custom or practice by the Los Angeles Sheriffs Department or Los Angeles County to rely on insufficient information in serving arrest warrants.

Section 1983 does not impose municipal liability for a guidance counselor’s inaction when the counselor lacks policymaking or supervisory authority.

Johnson v. Elk Lake School District Wayne Stevens Charlotte A. Slocum School Board Elk Lake School District · filed 2002-03-01

Moreover, even if we thought that it did, this conversation would still fail to establish § 1983 liability on the part of the Administration because LaFrance, as a guidance counselor, does not qualify as the type of policy-making or supervisory official on account of whose inaction a municipality may be held liable under § 1983.

Section 1983 requires a plaintiff seeking municipal liability to show a direct causal link between the municipality’s conduct and the deprivation of federal rights.

Thomas v. City of Columbus · filed 2002-03-04

Plaintiff must demonstrate a direct causal link between the municipality’s deliberate conduct and the deprivation of Plaintiffs federal rights. ... The Court finds that Plaintiff has failed to produce sufficient evidence from which a reasonable jury could concludé that any alleged failure by Defendants to supervise, train, and discipline their officers resulted in any deprivation of Plaintiffs constitutional rights.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show that the challenged action was taken pursuant to a municipal custom or policy.

Pullium v. Ceresini · filed 2002-03-05

To find a municipality liable under § 1983, a plaintiff must show that the complained of action was taken pursuant to some custom or policy of the municipality.

Section 1983 permits municipal liability only when the municipality itself causes the constitutional violation; respondeat superior and vicarious liability do not apply.

Douris v. Dougherty · filed 2002-03-15

A municipality may be held liable under § 1983 only where the municipality itself causes the constitutional violation at issue and thus respondeat superior or vicarious liability will not attach against a municipal defendant.

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

Bostick v. Suffolk County · filed 2002-03-18

Plaintiffs 42 U.S.C. § 1983 claim against the municipal defendants may not stand whatever the precise basis thereof. This Court finds that there is insufficient evidence of any custom or policy causing any constitutional deprivation here.

Section 1983 requires factual allegations of a municipal policy or custom to hold a school board or school district liable.

Arum v. Miller · filed 2002-03-20

Because the complaint does not allege facts addressing a municipal policy or custom in support of her claims, all the claims against the Board of Education and the Central School District are dismissed.

Section 1983 permits municipal liability when a municipal policy or custom directly causes an alleged violation of federally protected rights.

Smith v. Barber · filed 2002-03-22

A municipality may not be held hable under 42 U.S.C. § 1983 under a theory of respondeat superior. ... Instead, a municipal wrong is one resulting from the enforcement of a municipal policy or custom. ... Accordingly, the court finds plaintiffs have made sufficient allegations of a municipal custom or policy and of a direct causal connection between that custom or policy and the alleged violation.

A municipality is liable under § 1983 only when a deprivation of rights results from a policy adopted by its officials responsible for setting policy.

Arnone v. Connecticut Light Power, No. X01 Cv 98 0168276 (Mar. 22, 2002) · filed 2002-03-22

If a municipal official acting under color of state law acts on behalf of the municipality in a manner that deprives a plaintiff of a federally-protected right, the municipality is not liable simply because it has entrusted authority to the individual official; rather, as the Supreme Court ruled unequivocally in Monell and its progeny, a municipality is liable only if the deprivation was imposed by the application of a policy adopted by those responsible for enacting the municipality's official policies.

Section 1983 does not make a county liable solely because it employs an official who allegedly violated someone’s constitutional rights.

Turner v. Kight · filed 2002-03-25

Under 42 U.S.C. § 1983, a county cannot be held liable under respondeat superior.

Section 1983 makes a school board liable only when its official policy or custom causes a violation of rights.

Love-Lane v. Martin · filed 2002-03-26

In order for a local government entity, such as a school board, to be held liable under 42 U.S.C. § 1983, Plaintiff must prove that the Board’s official policy or custom caused the violation of Plaintiffs rights.

Section 1983 does not make a governmental entity liable solely because it employed the person who caused the injury; respondeat superior does not apply.

Watson v. Baxter · filed 2002-03-27

A governmental entity may not be sued under § 1983 for an injury inflicted solely because it employed a tortfeasor; the doctrine of respondeat superior simply does not apply to § 1983 suits.

In a § 1983 claim against a municipality, plaintiffs must establish that a municipal custom or practice caused the alleged constitutional or statutory violation.

Johnson v. District of Columbia · filed 2002-03-28

In any § 1983 action against a municipality such as the District of Columbia, the burden is on the plaintiffs to establish that the municipality has a custom or practice that caused the alleged constitutional or statutory violation.

Municipal liability under § 1983 requires the plaintiff to establish a constitutional injury.

Mearday v. City of Chicago · filed 2002-03-28

First, Mearday must establish that he has suffered a constitutional injury. ... Because Mearday did not establish a violation of the Fourth Amendment and the Court has granted summary judgment to Defendant Officers, we must also grant summary judgment to the City.

Section 1983 permits municipal liability only when an official policy or custom causes a constitutional violation and reflects the municipality's deliberate indifference.

Lawson v. Dallas County · filed 2002-03-28

A municipality is liable under § 1983 only if three requirements are met. First, the municipality must have "an official policy, practice, or custom" which could subject it to § 1983 liability. ... Second, the official policy must be linked to the constitutional violation. ... Finally, the official policy must reflect the municipality's deliberate indifference to that injury.

A municipality is liable under § 1983 when an official policy, practice, or custom causes a constitutional violation and reflects deliberate indifference to the injury.

Lawson v. Dallas County · filed 2002-04-09

A municipality is liable under § 1983 only if three requirements are met. First, the municipality must have “an official policy, practice, or custom” which could subject it to § 1983 liability. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690-94 (1996). Second, the official policy must be linked to the constitutional violation. Id. Finally, the official policy must reflect the municipality’s deliberate indifference to that injury.

Section 1983 permits a claim against a municipality when its policy or custom deprives a person of constitutional rights.

Capasso v. Metropolitan Transportation Authority · filed 2002-04-12

Nonetheless, a § 1983 claim may be brought against a municipality where a “policy or custom” of the municipality deprived the plaintiff of his constitutional rights.

Section 1983 requires a plaintiff seeking municipal liability to prove that a city custom or policy caused the injury.

Ienco, Joseph P. v. City of Chicago · filed 2002-04-12

In order to establish municipal liability under Section 1983, the plaintiff must prove that a "custom or policy of the City was a cause of the plaintiff’s injury." Jones v. City of Chicago, 856 F.2d at 995; see also Cornfield by Lewis v. Consolidated High School Dist. No. 230, 991 F.2d 1316 (7th Cir. 1993).

Section 1983 requires a plaintiff seeking municipal liability to prove that a city policy or custom caused the injury.

Ienco v. City of Chicago · filed 2002-04-12

In order to establish municipal liability under Section 1983, the plaintiff must prove that a “custom or policy of the City was a cause of the plaintiffs injury.” ... However, lenco introduced no material evidence at summary judgment that Officers Angarone or McGann were acting pursuant to an official custom or policy of the City of Chicago.

A county board establishes county policy for purposes of § 1983 municipal liability.

Buzek v. Pawnee County, Nebraska · filed 2002-04-16

This argument ignores the rather obvious fact that county policy is established by the county board.

Section 1983 permits municipal liability for a single deliberate act by a final policymaker that directly deprives a person of a federal constitutional right.

Coggin v. Longview Independent School District · filed 2002-04-18

When a municipality’s final policy and decision maker in a single action directly and intentionally deprives a person of a federal constitutional right, however, the person need not show that a policy or custom caused his injury in order to recover.

A county is not liable under § 1983 when there is no evidence that its policymakers acted with indifference.

Smith v. Blue · filed 2002-04-22

Because there is no evidence that Harris County policymakers acted with indifference, there is no liability on the part of the County.