42 U.S.C. § 1983

Section 1983 treats the District of Columbia like a municipality, so an official capacity claim against its officials requires a District policy or custom that caused the alleged constitutional deprivation.

Jones v. Barry · filed 2002-04-25

As a result, for Mr. Jones to recover on his official capacity claims, he must establish that a policy or custom of the District of Columbia was the moving force behind the alleged constitutional deprivations.

A municipality cannot be held liable under § 1983 based on an official’s act without evidence that the official had final policymaking authority over that act.

Kelley v. LaForce · filed 2002-04-26

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.

An institutional defendant cannot be liable under § 1983 for its policies or practices when no individual officer committed an underlying constitutional violation.

Peacock v. Mayor and City Council of Baltimore · filed 2002-04-29

As discussed above, Peacock has failed to state any constitutional violation or other actionable wrong by Sheriff Duncan or any other member of the Sheriffs Office, let alone a violation or wrong committed pursuant to the policy, practice, or custom of the Sheriffs Office. Without a viable claim against these individual defendants, Peacock’s Complaint does not state a claim against the institutional defendants.

Section 1983 makes a municipality liable only when a municipal policy or custom causes a constitutional injury.

Durkin v. City of Chicago · filed 2002-04-29

Durkin cannot establish that her constitutional injuries, if any, were caused by a municipal policy, so the City cannot be liable under § 1983.

Section 1983 does not permit municipal or supervisory liability based on an officer’s conduct when that conduct caused no constitutional injury.

Newman v. Green · filed 2002-04-29

Moreover, as plaintiff has failed to show that defendant Green committed a constitutional violation, neither the entity defendants nor supervisory defendants mentioned in the complaint may be held liable to Newman because an award of damages against a municipality ... based on the actions of its officers is not available unless the officer’s conduct amounted to a constitutional injury.

Section 1983 requires a plaintiff suing a municipality to establish a municipal policy or custom that led to the alleged constitutional deprivation.

Ferguson v. City of Louisville · filed 2002-04-30

Plaintiffs cannot prevail on a § 1983 claim against a municipality unless they establish the existence of a municipal policy or custom which led to the alleged constitutional deprivation.

Section 1983 requires a plaintiff suing a municipality to allege that a governmental policy, practice or custom caused a constitutional deprivation.

Zinnermon v. City of Chicago Department of Police · filed 2002-04-30

To properly state a section 1983 claim against a municipality, plaintiff must allege a constitutional deprivation caused by a governmental policy, practice or custom.

Section 1983 municipal liability requires a constitutional deprivation caused by an identified municipal policy or custom.

Manuel v. City of Columbus · filed 2002-05-06

The Court finds that the Plaintiffs claim against the City of Columbus must fail. First, as discussed above in reference to the Plaintiffs claim against the individual officers, the Plaintiff has failed to allege a constitutional deprivation on these facts. Second, even if he had alleged a constitutional violation by the officers, the Plaintiff faded to identify any particular policy or custom of the City of Columbus that could be deemed to be the moving force behind the violation.

Section 1983 requires evidence of a county practice, custom, or policy supporting the alleged violation to hold the county liable.

Crow v. Comal County, Texas · filed 2002-05-06

Crow’s claims against Comal County are rejected because Crow failed to provide evidence that Comal County has a practice, custom, or policy of allowing untrained officers to make arrests, nor did Crow provide evidence that he was arrested by an untrained officer.

A municipality cannot be liable under § 1983 without an underlying constitutional violation by its officers.

Curtis v. Pracht · filed 2002-05-09

Even looking at the amended complaint, however, the City of Greenbelt cannot be held liable under § 1983 as a matter of law given the absence of an underlying constitutional violation by Pracht and Matthews.

Section 1983 permits municipal liability for a civil rights violation caused by an express policy, a widespread custom, or a person with final policymaking authority.

Simmons, Joseph L. v. Educ · filed 2002-05-10

A municipal agency such as the Board can be liable under sec. 1983 for violating a person’s civil rights through: (1) an express municipal policy; (2) a widespread practice constituting custom or usage; or (3) a constitutional injury caused or ratified by a person with final policymaking authority.

Section 1983 permits municipal liability for a civil rights violation caused by an express policy, a widespread practice, or a person with final policymaking authority.

Simmons v. Chicago Board of Education · filed 2002-05-10

A municipal agency such as the Board can be liable under § 1983 for violating a person’s civil rights through: (1) an express municipal policy; (2) a widespread practice constituting custom or usage; or (3) a constitutional injury caused or ratified by a person with final policymaking authority.

Section 1983 does not make a county liable for an employee’s wrongdoing solely because it employed the wrongdoer.

Ford v. County of Oakland · filed 2002-05-13

A respondeat superior argument, based solely on an employer-employee relationship with a tortfeasor, is not enough to hold the county or municipality liable.

Section 1983 municipal custom liability requires proof of a continuing, widespread, persistent pattern of unconstitutional misconduct.

M.P. Ex Rel. K. v. Independent School District No. 721 · filed 2002-05-14

The court therefore grants defendants’ motion for summary judgment on plaintiffs’ § 1983 claim because plaintiffs cannot establish the existence of a continuing, widespread, persistent pattern of unconstitutional misconduct.

Section 1983 does not impose municipal liability for employees’ acts through respondeat superior and requires liability on the underlying substantive claim.

Niebur v. Town of Cicero · filed 2002-05-15

Although a municipality cannot be held liable for the actions of individual employees under 42 U.S.C. § 1983 based on a theory of respondeat superior, ... liability under § 1983 “requires a finding that the individual officers are] liable on the underlying substantive claim.”

Section 1983 does not make a city liable for its employees’ unconstitutional acts solely because it employs them.

Brogdon v. City of New Rochelle · filed 2002-05-15

Moreover, the City cannot be held directly liable for the unconstitutional acts of its employees based solely on the employer-employee relationship.

Section 1983 permits municipal liability only for an injury attributable to the municipality, not solely because it employed the person who caused the injury.

Gibson v. County of Washoe, Nevada · filed 2002-05-22

A municipality may be hdld liable under a claim brought under § 1983 only when the municipality inflicts an injury, and it may not be held liable under a respondeat superior theory.

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

Shehee v. City of Wilmington · filed 2002-05-29

As the court finds no evidence to suggest that any adverse action taken against plaintiff was the result of an official or unofficial government policy, the City of Wilmington cannot be held liable under 42 U.S.C. §§ 1983, 1985 and 1986.

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

Rapier v. KANKAKEE COUNTY, ILL. · filed 2002-05-30

For liability to attach against a municipality under 42 U.S.C. § 1983, a plaintiff must show that “deliberate action attributable to the municipality directly caused a deprivation of federal rights.” ... Accordingly, this court concludes that Plaintiff has not raised a genuine issue of material fact regarding whether understaffing at the jail was the “direct cause” of Rapier’s suicide.

A municipality may be liable under § 1983 when its policy or custom causes an injury; evidence of actual practice can raise a factual issue despite contrary training materials.

Moodian v. County of Alameda Social Services Agency · filed 2002-06-03

Despite the existence of the training program that refers workers to the regulations and the Welfare & Institutions Code, the testimony of Black and DeAngelis is sufficient to raise a genuine issue of material fact regarding the existence of a custom or practice that was the moving force behind the removal of the children without a warrant.

Section 1983 does not impose liability on a county solely because of its employees’ conduct; a county policy or custom must cause the injury.

Gonzalez v. Cecil County, Maryland · filed 2002-06-04

As to the claim against the County under § 1983, there is no dispute that liability cannot be premised upon the doctrine of respondeat superior. ... Instead, liability can only be imposed based upon the identification of a policy or custom of the County that caused Plaintiffs injury.

Section 1983 permits municipal liability for a policy of inaction only when the municipality consciously or deliberately pursued that policy.

O'Brien v. Maui County · filed 2002-06-04

O’Brien has not shown that Maui County consciously or deliberately pursued a policy of inaction with respect to her constitutional rights.

A municipality is liable under § 1983 only when its official policy or governmental custom causes the alleged constitutional deprivation.

Redd v. City of Odessa · filed 2002-06-06

A municipality may be held liable under 42 U.S.C. § 1983 “only when an official policy or governmental custom . . . causes the deprivation or violation of the constitutional rights complained of by the plaintiff.” Fraire v. City of Arlington, 957 F.2d 1268, 1277 (5th Cir. 1992). As Redd has failed to point to any evidence whatsoever suggesting that a policy or custom of the City led to Randy’s death, and has failed to counter the summary-judgment evidence of the City’s policies regarding use of its Special Weapons and Tactical (SWAT) team and police department, we AFFIRM as to the City.

A city cannot be held liable under § 1983 for its employees’ actions when the plaintiff has not shown a constitutional violation.

Rowe v. City of Elyria · filed 2002-06-06

Having found that plaintiff was unable to demonstrate the alleged constitutional violations, the City cannot be held liable under § 1983 for the actions of its employees.

A city has no liability under § 1983 for officers’ conduct if the officers did not violate a constitutional right.

Martin v. City of Oceanside · filed 2002-06-07

If a court finds the officers acted constitutionally, the city has no liability under § 1983.

Section 1983 requires a plaintiff seeking to hold a municipality liable to allege that its policy or custom was the moving force behind the constitutional violation.

Grayson v. Mayview State Hosp · filed 2002-06-07

Hence the stringent requirements for municipal liability apply: Grayson must allege that a "policy or custom" of the Jail was the "moving force" behind a violation of his Eighth Amendment rights.

Section 1983 imposes municipal liability for constitutional injuries attributable to a municipality’s policy, rather than an employee’s act alone.

Redwood v. Lierman · filed 2002-06-07

When Lierman and Hackler ordered or advised Vercler to tow away the repaired van without notice and an opportunity for a hearing, they were not implementing a policy of the Village. Clearly, the Village's ordinance required notice and an opportunity for a hearing. Therefore Lierman's and Hackler's alleged violation of plaintiffs' due process rights under the fourteenth amendment cannot be attributed to the Village.

Section 1983 does not make a city liable for an employee’s conduct merely because it employs the wrongdoer.

Wade v. City of Jackson · filed 2002-06-10

A city or other governmental entity cannot be held responsible under § 1983 for injuries inflicted by its employees or agents merely because it employs the wrongdoer.

Section 1983 requires a plaintiff seeking to hold a county liable to show both a constitutional deprivation and that the county was responsible for it.

Pardue v. Ashe · filed 2002-06-14

To hold Wilson County liable under 42 U.S.C. § 1983, Pardue must show both the deprivation of a constitutional right and that Wilson County is responsible for that violation.

Section 1983 permits a plaintiff to sue a municipality without naming the individual officer as a defendant.

Wilson v. Town of Mendon · filed 2002-06-17

There is, however, nothing to prevent a plaintiff from foregoing the naming of an individual officer as a defendant and proceeding directly to trial against the municipality.

Section 1983 requires a plaintiff suing a municipality to show an official policy or custom that caused the injury and a causal connection to the deprivation of a constitutional right.

Malley v. New York City Board of Education · filed 2002-06-26

Moreover, in order to sustain a claim for relief under 42 U.S.C. § 1983 against municipal defendants, such as the City and the Board and Corporation Counsel, Malley must show the existence of an officially adopted policy or custom that caused injury and a causal connection between that policy or custom and the deprivation of a constitutional right.

Section 1983 does not make a county liable for a constitutional violation simply because it employed the person who committed it.

Watson v. Gill · filed 2002-06-26

Even if Gill did violate Watson’s constitutional rights, McCracken County cannot be held responsible for Gill’s conduct under § 1983 simply because the county employed Gill.

Section 1983 permits county liability for a sheriff’s inmate housing policy when the sheriff acts as the county’s final policymaker in administering its jail.

Moreno Avalos Cortez Mauricio Robert Avalos Terry Leach Lydia Avalos Guillermo Avalos Kathy Granillo v. County of Los An · filed 2002-06-27

Because the Sheriff was acting on behalf of the County when he decided to keep Avalos in the gang unit of the jail, the County is subject to § 1983 liability for the Sheriffs actions.

Section 1983 does not permit a failure-to-train claim against a municipality when its employees committed no underlying constitutional violation.

Thomas v. THE CITY OF PHILADELPHIA · filed 2002-06-28

Heller bars Burnett from pursuing the City under Section 1983. We hold, therefore, that in the absence of an underlying unconstitutional action by employees of the City against Burnett, we will not consider the question of whether the City failed to train those employees on Directive 45; it is “quite beside the point.”

A plaintiff pleading municipal liability under § 1983 need not specify damages caused by the municipal policy or custom; a general allegation of damages suffices.

Serena H. Ex Rel. Haws v. Kovarie · filed 2002-06-28

The complaint contains factual allegations that, construed in the light most favorable to the plaintiff, satisfy the elements of both municipal liability under § 1983 and the underlying violation of due process. Defendants’ argument that plaintiff must allege specific damages related to the municipal custom or policy improperly places a heightened pleading burden on the plaintiff. At this stage of the litigation, plaintiffs general allegation of damages (Complaint ¶ 31) is sufficient under the Federal Rules.

A municipality is liable under Section 1983 only when it is responsible for the constitutional violation that caused the plaintiff’s harm.

Collins v. City of Manchester, et al. · filed 2002-07-08

A municipality may be found liable under 42 U.S.C. § 1983 only if the plaintiff’s harm was caused by a constitutional violation and the municipality itself is responsible for that violation.

A municipality is liable under § 1983 only when a policy or custom attributable to its policymakers causes the constitutional deprivation.

Gable, Casey v. City of Chicago · filed 2002-07-08

In other words, to maintain a § 1983 claim against a municipality, one must establish the requisite culpability (a “policy or custom” attributable to municipal policymakers) and the requisite causation (the policy or custom was the “moving force” behind the constitutional deprivation).

Section 1983 requires a plaintiff seeking to hold a municipality liable to identify an unconstitutional policy or custom and a direct causal link between municipal conduct and the alleged injury.

Treon v. Whipple · filed 2002-07-09

The plaintiff has not identified an unconstitutional policy or custom which has been adopted by Barre’s decision-makers, nor has he presented a sufficiently direct causal link between his alleged injuries and municipal conduct.

Section 1983 requires evidence of a discriminatory policy or custom to hold a municipality liable for racial discrimination.

Patel v. Midland Memorial Hospital & Medical Center · filed 2002-07-10

We note that, in addit ion to failing to establish pretext, Dr. Patel has failed to present sufficient evidence from which a rational factfinder could conclude that Midland had a custom or policy of racial discrimination.

Section 1983 makes a municipality liable for a rights deprivation only when it results from an official policy or custom.

Segovia v. County of Los Angeles · filed 2002-07-10

While a county or other local government body is a “person” for purposes of § 1983, municipalities are liable only for rights deprivations pursuant to official custom or policy.

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

Gabriel v. Corrections Corp. of America · filed 2002-07-16

A § 1983 claim is actionable against a municipality only when its “policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy,” causes the injury giving rise to the claim.

A municipality’s practice, policy, or custom is a core element of municipal liability under § 1983.

Perez v. Miami-Dade County · filed 2002-07-17

A municipality’s practice, policy, or custom is not some tangential factual matter in a section 1983 case; it is the core element and is, consequently, often the most disputed.

Section 1983 permits a town to be liable for its own acts, but not vicariously for its employees’ acts.

Wilson v. Brock · filed 2002-07-18

A town may be liable under § 1983 for its own acts, but it is not liable, based on a vicarious liability theory, for the acts of its employees.

Section 1983 does not permit municipal or supervisory liability under Monell without an underlying constitutional violation.

Thomas v. City of Mount Vernon · filed 2002-07-18

And her allegations of failure to train and supervisory liability, as alleged in Counts 2, 3 and 10, must be dismissed because, absent a constitutional violation, Monell liability cannot attach to supervisors or to municipalities.

Section 1983 municipal liability requires an underlying constitutional violation by the officers.

Landsman v. Village of Hancock · filed 2002-07-18

As part of his federal civil rights cause of action, plaintiff alleged that the purportedly unconstitutional acts of the officers were caused by the Village’s municipal custom or policy (see, Monell v Department of Social Servs., 436 US 658). A necessary threshold predicate to such a claim is that the officers’ actions were unconstitutional (see, City of Los Angeles v Heller, 475 US 796, 799).

Section 1983 does not impose municipal liability for an error that violates a county’s customs and procedures rather than resulting from them.

Parish v. County of Los Angeles · filed 2002-07-18

Moreover, the County asserts that it may not be held liable under Monell v. Dep’t. of Soc. Servs. of City of N.Y., 436 U.S. 658, 690-91, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), because the tax intercept did not take place pursuant to a governmental customs or policies, but in spite of them. We agree. This is not a case where the County has been deliberately indifferent. See City of Canton v. Harris, 489 U.S. 378, 388, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989). Instead, an error took place that was in violation of the County’s customs and procedures.

Section 1983 does not impose municipal liability under Monell for failure to supervise a private entity that is neither a state actor nor a subordinate.

Logiodice v. Trustees Of Maine Central Institute · filed 2002-07-18

But MCI was not a state actor at all, let alone a subordinate, so the Monell doctrine does not apply.

A municipality is liable under § 1983 only when its policy or custom causes the plaintiff’s injury.

Arnold v. District of Columbia · filed 2002-07-19

The Supreme Court has expressly held that a municipality may not be held liable under 42 U.S.C. § 1983 unless plaintiffs injuries were caused by a policy or custom of the municipality. The Court must, therefore, dismiss the case because Mr. Arnold has failed to state a claim.

Section 1983 requires an alleged and supported county policy or custom that caused the constitutional injury to impose liability on a county.

Miskovich v. Independent School District 318 · filed 2002-07-29

Here, however, the Plaintiffs’, Complaints are devoid of any allegation that a policy or custom, of St. Louis County, caused the Plaintiffs’ injuries, nor have the Plaintiffs proffered any evidence of such a policy or custom. Thus, it is clear that their causes of action, against St. Louis County, cannot survive, and we grant St. Louis County’s Motion for Summary Judgment on the Plaintiffs’ Section 1983 claims.

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

McGrath v. Nassau Health Care Corp. · filed 2002-07-29

To sustain actions brought under § 1983 against governmental entities, plaintiffs must show they were deprived of a constitutional right because of a municipal custom or policy.

Section 1983 requires a plaintiff seeking to hold a county liable to allege a constitutional deprivation resulting from an official policy or practice.

Foti v. County of San Mateo · filed 2002-07-29

The district court properly dismissed Foti’s amended claims against defendant County of San Mateo because Foti failed to allege facts demonstrating constitutional deprivations resulting from an official policy or practice.

A municipality cannot be liable under Section 1983 for failure to train when the officer’s conduct did not violate constitutional rights.

Johnson v. Campbell · filed 2002-07-31

In this case, the Court has previously concluded that Plaintiffs arrest and detention did not violate his constitutional rights. Where, as here, the conduct complained of was lawful, the municipality cannot be held liable for a Section 1983 violation.

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

McCook v. Springer School District · filed 2002-08-05

Their First Amendment retaliation claim against the entity defendants is also unsuccessful. This is due to their inability to show the existence of a municipal policy or custom and a direct causal link between the policy or custom and the injury alleged.

Section 1983 requires a plaintiff seeking to hold a county liable for its officials’ unconstitutional acts to show that the acts furthered an unconstitutional county policy or custom.

Dillon v. Brown County, Nebraska · filed 2002-08-05

Therefore, to recover against Brown County, the plaintiff must show, first, that Huckabay and McBride’s conduct consisted of unconstitutional acts and, second, that those acts were done in furtherance of an unconstitutional policy or custom of Brown County.

Section 1983 municipal liability requires a violation of the plaintiff’s constitutional rights.

Brown v. Comm PA Emergency · filed 2002-08-08

However, for there to be municipal liability, there still must be a violation of the plaintiff ’s constitutional rights.

Section 1983 permits county liability for a constitutional violation only when the officer acted pursuant to a local policy, practice or custom.

King County v. Rasmussen · filed 2002-08-09

Counties are liable for constitutional violations under § 1983 only if the individual officer who committed the violation was acting pursuant to a local policy, practice or custom.

Section 1983 does not impose liability on a supervisor or municipality for failure to train, failure to supervise, or a municipal policy when no underlying constitutional violation occurred.

Carter v. Rosenbeck · filed 2002-08-12

As the Court has found that no constitutional violation occurred in this case, neither Chief Woliung nor the City of Farmer City may be held liable on failure to train or supervise theories or on a municipal policy theory.

Section 1983 requires a direct causal link between a municipal policy or custom and the alleged constitutional deprivation for a municipality to be liable.

Bybee v. City of Paducah · filed 2002-08-13

As for the second inquiry, municipalities cannot be held responsible for a constitutional deprivation unless there is a direct causal link between a municipal policy or custom and the alleged constitutional deprivation. ... The City is entitled to summary judgment because the record is devoid of proof of a municipal policy or custom that caused the investigating police officer to violate By-bee’s civil rights.

A municipality cannot be held liable under § 1983 solely for its employees’ conduct; liability requires a governmental policy or custom.

Loeber v. County of Albany · filed 2002-08-15

Municipalities cannot be held liable under § 1983 based upon the theories of respondeat superior or vicarious liability.

A municipality may be liable under § 1983 for an action its policymakers officially sanction or order on a single occasion.

Dixon v. Lowery · filed 2002-08-16

A decision by municipal policymakers on a single occasion may result in municipal liability under 42 U.S.C. § 1983 for actions it officially sanctioned or ordered.

A municipality’s hiring decision supports liability under § 1983 only when it reflects deliberate indifference to the risk of a constitutional violation.

Bobbitt v. Detroit Edison Co. · filed 2002-08-19

Here, Plaintiff has failed to adduce any evidence that would demonstrate that the City of Detroit’s decision to hire Officer Krupinski constituted deliberate indifference to the risk that a constitutional violation would follow the decision.

Section 1983 permits a municipality to be sued directly for monetary relief.

Powell v. City of Pittsfield · filed 2002-08-21

A municipality like Pittsfield is a “person” under § 1983 and may be sued directly for monetary relief.

Section 1983 requires evidence that a municipality’s final decision or policy maker was responsible for the retaliation.

Schneider v. City & County of Denver · filed 2002-08-22

In a § 1983 action against a municipality, there must be evidence that the final decision or policy maker was responsible for the retaliation.

A § 1983 municipal liability claim requires the alleged injury to arise from a constitutionally infirm policy, practice, or custom.

Mukwange v. City of Houston · filed 2002-08-23

The district court correctly understood the law of municipal liability and nothing in Mukwange’s pleadings or the materials she submitted established that her arrests and detentions arose from any constitutionally infirm policy, practice, or custom.

A § 1983 claim against a municipality must allege an unlawful policy or custom; allegations limited to improper supervision and negligent hiring and training are insufficient.

Robertson v. PRINCE GEORGE'S COUNTY, MD · filed 2002-08-28

Although the County is named as a defendant in Count I asserting federal civil rights claims, the complaint contains none of the allegations required by Monell relating to unlawful policies and/or customs of the County. Rather, the allegations against the County relate only to alleged improper supervision and negligent hiring and training of Zelaya and other officers. These allegations are not sufficient to state a federal claim.

A municipality is liable under § 1983 only when its policy, practice, or custom causes a constitutional deprivation.

Panfil v. City of Chicago · filed 2002-08-28

The Court explained that while a municipality may not be held hable under § 1983 for the torts of its employees on a theory of respondeat superior, liability may attach where the municipality itself causes the constitutional violation through the execution of an official pohcy, practice or custom. ... Panfil cannot satisfy any prong of this analysis because he cannot demonstrate that his constitutional rights were deprived by his arrest on a vahd warrant and subsequent detention.

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

Villeda v. Prince George's County, MD · filed 2002-08-29

With no underlying constitutional liability by Defendant Godfrey, there can be no municipal liability for Prince George’s County.

Section 1983 does not permit municipal liability for false arrest unless a police officer is primarily liable.

Potts v. City of Philadelphia · filed 2002-08-29

A municipal body cannot be held liable for false arrest under § 1983 unless one of its police officers is primarily liable.

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

Dixon v. Burke County, Georgia · filed 2002-08-29

It is well-settled that a local government body may only be liable under § 1983 if action pursuant to official policy caused a constitutional tort.

Section 1983 permits a municipal liability claim to survive dismissal when the complaint raises whether an official with final authority over the challenged firing made the decision.

Hardric v. City of Stevenson · filed 2002-08-30

The fact that Hardric sued the mayor, the police chief, and the city council is sufficient to put the issue of who had the policy-making authority for firing city personnel before the trial court. The failure to follow the Personnel Rules and Regulations in terminating Hardric’s employment may violate due process and, thus, may subject the City to § 1983 liability under the rationale in Todd v. Kelley. The individuals named may be entitled to state-agent immunity; however, we conclude that his complaint states a valid cause of action sufficient to survive a motion to dismiss.

Section 1983 imposes liability on a county for its employees’ actions only when they act pursuant to an official policy, practice, or custom.

McDaniel v. Fulton County School District · filed 2002-09-13

Unlike Title Vil, however, which holds the employer responsible for maintaining or failing to remedy a hostile and discriminatory work environment, Section 1983 does not impose liability on the county for the actions of its agents or employees unless a plaintiff is able to show 'that the person or persons who allegedly violated her constitutional rights were acting pursuant to an official policy, practice, or custom of the county or municipality.

Section 1983 permits municipal liability only when a municipal policy or rule causes a violation of civil rights.

Ray v. Village of Woodridge · filed 2002-09-16

Municipal liability under § 1983 will lie only if the municipality has a policy or rule with the effect of law that violates the plaintiffs civil rights.

Section 1983 municipal liability requires evidence creating a genuine factual dispute that a municipal policy led to improper arrests or that the municipality inadequately trained its officers.

Geremia v. Las Vegas Metropolitan Police Department · filed 2002-09-16

The district court properly granted summary judgment to the Las Vegas Metropolitan Police Department and to Detective Ball in his official capacity because Geremia failed to demonstrate the existence of a genuine issue of material fact with respect to his claims that the municipality had policies which led to improper arrests and inadequately trained its police officers in arrest procedures.

Section 1983 does not impose municipal liability for conduct that caused no constitutional violation.

Schoenfield v. City of Toledo · filed 2002-09-18

Where no constitutional violation exists, there is no municipal liability for the same conduct.

A municipality is liable under § 1983 only if its policy, custom, or practice caused the constitutional violation.

Gray v. Maryland · filed 2002-09-18

Finally, the County argues that Gray has failed to- allege a § 1983 claim against it because he has failed to allege a custom, practice, or policy of the County government that was the proximate cause of the constitutional violation. (Board Mot. at 4-7:) The Board is correct that only by proving such involvement can a municipality be held liable under § 1983.

Section 1983 allows a county to be sued when its policy or custom is the moving force behind a constitutional deprivation.

Alkire v. Judge Jane Irving · filed 2002-09-18

However, neither Sheriff Zimmerly nor Holmes County have Eleventh Amendment immunity, since Sheriff Zimmerly is a county employee and Holmes County can be liable for constitutional deprivations where a county policy or custom was the moving force behind the deprivation.

Section 1983 permits municipal liability when an alleged constitutional deprivation is caused by a final policymaker, including a school board acting in that role.

Juniel v. Park Forest-Chicago Heights · filed 2002-09-19

A plaintiff can establish municipal liability by showing that the alleged constitutional deprivation was caused by an individual or group with final policy-making authority. ... The District’s concession that the Board itself terminated Juniel acting as the final policymaker renders the role of Superintendent Reynolds irrelevant.

A § 1983 claim against a municipality must allege that its policy, practice, or custom caused the deprivation of rights.

Brozusky Ex Rel. Brozusky v. Hanover Tp. · filed 2002-09-20

At the pleadings stage, plaintiffs must allege that a practice, policy or custom of the charged municipality “was a cause in fact of the deprivation of rights inflicted.”

Section 1983 permits municipal liability only when an official city policy directly and proximately causes a deprivation of federal rights.

Hummel v. City of Carlisle · filed 2002-09-23

In other words, to hold a municipality liable under § 1983, the municipality itself, pursuant to an official city policy, must directly and proximately cause the plaintiffs deprivation of his constitutional or federal rights.

Section 1983 makes a city liable for an official’s constitutional violation only if the violation resulted from a city policy, practice, or custom.

Holman v. City of Warrenton · filed 2002-09-25

Nonetheless, Plaintiff has not offered any evidence to establish that Johansson and Pearson violated Plaintiffs right to procedural due process as the result of a City policy, practice, or custom nor has Plaintiff argued the City is liable under any other theory. Accordingly, the Court finds Plaintiff has failed to show he is entitled to summary judgment against the City as a matter of law.

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

Ochoa v. Housing Authority · filed 2002-09-25

Moreover, Appellants attempted to allege liability against the Housing Authority, a municipal entity, under the theory of respondeat superior which is precluded by Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).

A municipality is liable under § 1983 only when its policy or custom causes the alleged injury.

Antonian v. City of Dearborn Heights · filed 2002-09-26

Applying the foregoing principles to the facts of this ease, the Court finds that Plaintiffs’ have failed to make out a legally cognizable Section 1983 claim against the City of Dearborn Heights.

Section 1983 permits liability against a county when an official acting as its final policymaker establishes a policy that causes a constitutional injury.

Flanders v. Maricopa County · filed 2002-09-26

It is well-established that a governmental entity is liable under § 1983 when injury is inflicted by execution of that entity’s policy, whether made by its lawmakers or by those whose edicts or acts “may fairly be said to represent official policy.”

A § 1983 claim against a municipality requires allegations and evidence of an unconstitutional custom or policy.

Blondheim v. County of Olmsted · filed 2002-09-27

To state a claim against a municipal entity, Blondheim must allege, and support with evidence, unconstitutional customs or policies.

Section 1983 permits municipal liability when a single decision by a municipality’s final policymaking body constitutes official policy and causes a constitutional violation.

Ebelt v. County of Ogemaw · filed 2002-09-30

The Court concludes, therefore, that although the plaintiff has not presented facts to create a genuine issue on the question of official custom, Ogemaw County may be liable for retaliation on the basis of a policy reflected by the single event of not renewing the plaintiffs contract.

To survive a motion to dismiss, a § 1983 claim against a municipality must allege a municipal policy or custom that drove the constitutional violation.

Pyne v. District of Columbia · filed 2002-09-30

In a claim brought under 42 U.S.C. § 1983 against a municipality, plaintiffs must allege the existence of a policy or custom on the part of the municipality that is the driving force of the constitutional violation in order to survive a motion to dismiss.

Section 1983 claims against the Port Authority are analyzed under municipal liability standards, even though it is a bi-state agency.

MacK v. Port Authority of New York and New Jersey · filed 2002-09-30

Although the Port Authority, a bi-state agency, is not technically a municipality, courts have treated it as such and have analyzed claims against it under the standards governing municipal liability under Section 1983.

A municipal official’s signature on personnel documents alone does not establish the official policy needed for municipal liability under Section 1983.

Singletary v. District of Columbia · filed 2002-09-30

Commissioner Williams signed many personnel documents during the course of her job, and her signature is simply not sufficient to prove that she deliberately chose to follow an unconstitutional course of action.

A municipality is liable under § 1983 only when its policy or custom causes the plaintiff’s injury.

McTaggart v. Taylor · filed 2002-10-01

McTaggart’s contention that the City of Burlington is hable, under § 1983, for Taylor’s videotaping activities also fails, because McTaggart’s injuries did not result from a municipal policy or custom.

Section 1983 permits county liability only when an employee commits a constitutional violation and an official policy or custom is the moving force behind the injury.

Estate of Sisk v. Manzanares · filed 2002-10-03

The county will only be hable if (1) its employee^) committed a constitutional violation, and (2) its official policy or custom was the “moving force” behind the alleged injury alleged.

Section 1983 permits municipal liability when a municipal policy or custom is the moving force behind a violation of federally protected rights.

Burrell v. Hampshire County · filed 2002-10-07

Municipal liability may be imposed under § 1983 when the enforcement of a municipal policy or custom was the moving force of a violation of federally protected rights.

A city cannot be held liable under § 1983 for permit decisions without proof that its commission or a final policymaker acted pursuant to city policy.

City of Pompano Beach v. Yardarm Restaurant, Inc. · filed 2002-10-09

Yardarm did not present any evidence that the City Commission or a City official with "final policy-making authority" acted against Yardarm, and that such action was taken pursuant to a policy adopted by the City Commission.

Section 1983 permits a municipal liability claim to survive dismissal when the complaint alleges that an official’s misconduct conformed to county policy.

Galbraith v. County Of Santa Clara · filed 2002-10-09

Galbraith's allegation that Dr. Ozoa's misconduct conformed to County policy also suffices to state a Monell claim against the County.

Section 1983 permits municipal liability only when the challenged practice constitutes a municipal policy or custom.

Daley v. Harber · filed 2002-10-15

The City of Boston may be held liable for violation of Daley’s civil rights only if plaintiffs’ establish that the practices at issue constituted a municipal policy or custom. ... However, plaintiffs have not alleged a policy or custom, and the City of Boston is thus entitled to a judgment as a matter of law on this count.

Section 1983 municipal and supervisory liability claims fail when the underlying officer’s conduct violates no constitutional right.

Wyatt v. Slagle · filed 2002-10-17

As Slagle has shown he is entitled to summary judgment, the defendant City and defendant Taylor are likewise entitled to summary judgment on the municipal and supervisory liability claims against them.

A § 1983 claim against a county requires evidence of a policy or custom violating federal rights.

Wilson v. Vickery · filed 2002-10-17

As such, Plaintiffs § 1983 claim against Hardin County warrants dismissal for failure to come forward with evidence of a policy or custom violating federal rights.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show a policy or custom that informed the officers’ actions and directly caused the alleged constitutional deprivation.

Robinson v. Township of Redford · filed 2002-10-17

To hold the Township of Redford liable under Section 1983, the plaintiff must show the existence of a policy or custom that informed the actions of the defendant officers when they inspected the decedent’s business premises. The plaintiff also must show “a direct causal link” between the Township’s policy or custom and the constitutional deprivation alleged.

Section 1983 municipal liability fails when the plaintiff suffered no constitutional injury.

Jarrett v. Town of Yarmouth · filed 2002-10-25

Our determination that Jarrett suffered no constitutional injury is dispositive of his municipal liability claim against the Town of Yarmouth.

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

Lima v. Decker · filed 2002-10-28

A municipality cannot be liable under § 1983 on a theory of respondeat superior based on the conduct of its employees.

Section 1983 permits a suit against a municipality only when its official policy or custom causes a constitutional deprivation.

Todd v. City of Natchitoches, Louisiana · filed 2002-10-29

A municipality may be sued under Section 1983 only when the municipality’s official policy or custom deprives the plaintiff of a constitutional right.

Section 1983 municipal liability for a single act requires the plaintiff to show fault and causation.

Buchanan v. County of Humboldt · filed 2002-10-29

However, Section 1983 liability can only attach for a single act if the plaintiff shows “fault and causation.”

Section 1983 does not make a school board liable for a teacher’s misconduct without a resulting deprivation caused by an official policy or custom or by an official with final policymaking authority.

KP, Ex Rel. SC v. Corsey · filed 2002-10-30

In this case it is obvious that there is no custom or policy of the school district or the school that led to the sexual harassment of K.P. In fact, the school had a policy to prevent the sexual harassment of its students, and the school had in place thq procedures that allowed it to quickly report the harassment to the authorities and suspend the teacher. It is also clear that Corsey was not an employee with policy making authority. He was not a member of the administration of the school and, as track coach, had authority similar to that of any teacher in the school. None of these positions carry policy making authority. Therefore, under § 1983 the Board of Education cannot be liable for the sexual harassment of one of its teachers or coaches.

Section 1983 does not make a city liable merely because it employs an alleged wrongdoer; the plaintiff must show an injury caused by official municipal policy.

Hunter v. City of Chattanooga · filed 2002-10-31

Although Hunter identified specific incidents involving police officers and the Beer Board, he did not identify any official City policy aimed at ruining his livelihood. Accordingly, he had no § 1983 claim against the City.

Section 1983 does not make a city vicariously liable for an employee’s violation of a municipal regulation.

Booker v. City of St. Louis · filed 2002-11-01

In addition, the City could not be held vicariously liable for a violation of its regulation.

Section 1983 permits municipal liability only when a municipal policy or custom caused the constitutional injury.

Flaskamp v. Dearborn Public Schools · filed 2002-11-05

A municipality, however, cannot be held liable under 42 U.S.C. § 1983 unless a municipal policy or custom caused the constitutional injury.

A municipality is liable under § 1983 only when the challenged action was taken pursuant to an official policy or custom; respondeat superior is insufficient.

Grier v. Brown · filed 2002-11-06

However, the Supreme Court has held that a local government cannot be held liable under § 1983 on a respondeat superior theory. ... Liability may only attach to a city or other local government entity if the plaintiff is able to establish that the defendant’s tortious actions were taken pursuant to an official policy or custom.

Section 1983 permits municipal liability only when a municipal policy or custom caused the constitutional deprivation.

Shattuck v. Town of Stratford · filed 2002-11-13

As § 1983 does not permit suits against municipalities for the constitutional torts of their employees without evidence of a policy or custom that caused the deprivation, the plaintiffs’ § 1983 claim against the Town of Stratford also fails.

Section 1983 permits a claim against a municipality only when its policy, practice, or custom caused the alleged constitutional injury.

Moreland v. Miami-Dade County · filed 2002-11-13

A § 1983 action may be brought against a municipality only where the alleged constitutional injury was caused by a policy, practice or custom maintained by the municipality. ... Accordingly, the Court concludes that Moreland has not established an element essential to her § 1983 claim for racial discrimination.

Section 1983 does not make a municipality liable for its agents’ actions through respondeat superior.

White, Brian v. City Markham · filed 2002-11-13

It is well-settled that the City of Markham cannot be liable for the actions of its agents through a theory of respondeat superior.

Section 1983 does not make a municipality liable for its agents’ actions through respondeat superior.

White v. City Of Markham · filed 2002-11-13

It is well-settled that the City of Markham cannot be liable for the actions of its agents through a theory of respondeat superior.

Section 1983 requires evidence of a municipal custom, policy, practice, or failure to supervise or train to support a claim against a city.

Lawyer v. City of Council Bluffs, Iowa · filed 2002-11-20

Moreover, the record is devoid of any evidence to support a claim against the City based on custom, policy or practice, or the failure to supervise or train Clark and Newby.

A § 1983 municipal-liability claim requires evidence of an official policy or custom; mere negligent supervision or an isolated incident does not establish one.

Kling v. Harris Teeter Inc. · filed 2002-11-21

Mere negligence in the supervision or oversight of an officer, even if Plaintiffs could show it, or the occurrence of a single or isolated incident, is insufficient to establish a city policy or custom.

Section 1983 municipal liability requires an underlying constitutional deprivation.

Cloninger v. Porter · filed 2002-11-22

Cloninger’s Monell claim requires an underlying constitutional deprivation, which Cloninger is unable to demonstrate based on the record before this court.

Section 1983 municipal liability under a pattern-and-practice or failure-to-train theory requires proof that the individual officers are liable on the underlying substantive claim.

Garner v. Salluom · filed 2002-11-25

Nevertheless, a plaintiff must prove “that the individual officers are liable on the underlying substantive claim” in order to recover damages from a municipality under either a pattern-and-practice or failure-to-train theory.

Section 1983 permits municipal liability for an employee’s constitutional violation only when an official policy or settled custom caused the violation.

Serafin v. City of Johnstown · filed 2002-11-25

The City and Huntley can be hable under section 1983 only if they caused an employee to violate another’s constitutional rights, through execution of an official pohcy or settled informal custom.

A § 1983 claim against a city must allege that an official policy or custom caused the constitutional violation.

Carlton v. City of Fresno · filed 2002-11-27

The district court correctly dismissed the section 1983 claim against the City of Fresno because Carlton did not allege that the constitutional violations resulted from an official policy or custom.

A § 1983 claim based on a municipal policy that causes a due process violation does not require proof that the policymaker or an employee acted with deliberate indifference.

Biberdorf v. Oregon · filed 2002-12-02

There is no requirement under this test that a plaintiff also must show the policy-maker chose the particular policy with deliberate indifference to its consequences or that an employee acting pursuant to the policy did so with deliberate indifference.

Section 1983 permits county liability only when a constitutional violation occurs and an official policy or custom is the moving force behind it.

Stevenson v. Whetsel · filed 2002-12-03

To create liability under § 1983, Stevenson would have to establish: (1) that a constitutional violation occurred and (2) that some official policy or custom was the moving force behind the violation.

Section 1983 permits municipal liability for actions resulting from a government policy or custom, but not solely on a respondeat superior basis.

Aselton v. East Hartford, No. X07-Cv01 0079187s (Dec. 3, 2002) · filed 2002-12-03

It is well settled that a municipality may not be held liable under § 1983 solely on a respondeat superior basis. It may be held liable when the complained of actions are the result of the government's policy or custom.

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

Blando v. Tyra · filed 2002-12-17

Generally, municipal liability requires proof of 1) a policymaker, 2) an official policy or custom, and 3) a violation of constitutional rights whose moving force is the policy or custom.

Section 1983 holds a municipality liable when its custom or policy causes a constitutional violation.

Karafiat v. O'Mally · filed 2002-12-17

A city is responsible for a constitutional violation where a plaintiff shows that a municipal custom or policy caused the alleged violation.

Section 1983 makes a school district liable when its policy or custom causes a deprivation of federal rights.

Booker v. Board of Educ., Baldwinsville Central · filed 2002-12-18

The court finds that plaintiffs’ argument does not support a finding of liability against the District for deliberate conduct through a policy or custom which caused a deprivation of the parents’ or Elisabeth’s civil rights.

In an excessive force case under § 1983, liability of the individual officers is a condition precedent to municipal liability.

Asbury v. Connelly · filed 2002-12-18

Thus, for there to have been a constitutional tort the individual officers had to be liable and their liability was a condition precedent to municipal liability.

Section 1983 does not impose supervisory or county liability for excessive force when no deputy committed an underlying constitutional violation.

Harrell v. Purcell · filed 2002-12-19

This court finds no basis of liability for either Sheriff Barnes or Guilford County because the other three defendant officers committed no constitutional violations. Absent liability on the part of one of the deputies, neither Sheriff Barnes nor Guilford County can be liable to Plaintiff.

Section 1983 requires a plaintiff seeking to hold a municipality liable to prove that its policy or custom caused a deprivation of rights.

Kozlowski v. Fry · filed 2002-12-30

However, Female Plaintiffs cannot hold Defendants liable under § 1983, unless they prove that a policy or custom of Cook County resulted in a deprivation of Female Plaintiffs’ rights. ... Thus, Female Plaintiffs’ § 1983 claim should properly proceed before a jury.

Section 1983 imposes municipal liability only when a government policy or custom causes the deprivation of rights; respondeat superior is insufficient.

Palmer v. City of Yonkers · filed 2003-01-02

Further, the City of Yonkers is not liable under § 1983 because municipal liability under this statute must be predicated on the existence of a government policy or custom and not on the theory of respondeat superior.

Section 1983 municipal liability for an officer’s excessive force requires evidence supporting the claim against the municipality.

ARRINGTON EX REL. ARRINGTON v. City of Davenport · filed 2003-01-06

Plaintiff identifies no evidence in the summary judgment record which could support a finding of municipal liability against the City for Behning’s alleged use of excessive force under the relevant case law.

A § 1983 municipal claim fails when the plaintiff has not made the requisite showing for municipal liability.

Smith v. City of Detroit · filed 2003-01-07

Because a municipality can be liable under § 1983 only where its policies are “the moving force behind the constitutional violation,” ... a plaintiff is generally required to show a municipal policy or custom that caused the violation of his constitutional rights.

Section 1983 requires a plaintiff seeking to hold a governmental entity liable to allege a constitutional tort caused by an official policy, custom, or practice.

Cain v. Tigard-Tualatin School District 23J · filed 2003-01-08

In order to hold a governmental entity liable . under § 1983, plaintiffs must allege: (1) the constitutional tort was committed pursuant to an official policy, custom, or practice; and (2) there is a causal link between the policy or custom and the injury.

Section 1983 does not impose municipal liability unless the municipality’s officers violated the plaintiff’s constitutional rights.

Flowers v. Fiore · filed 2003-01-09

First, any liability that the Town may have under § 1983 is derivative. The Town cannot be found liable unless its officers violated Flowers’ constitutional rights.

Section 1983 does not make a county liable for policies directed at a sheriff’s jail personnel when the county has no authority over them.

Gaines v. Choctaw County Commission · filed 2003-01-09

Plaintiffs’ final claim, based on County policies allegedly requiring jail personnel to neglect certain duties in order to cut costs, does not state a claim under § 1983 because the County has no authority over the Sheriff or his personnel in matters related to the operation of the jail.

A municipality is liable under § 1983 only when a municipal policy or custom causes the constitutional harm; an employee’s isolated act is insufficient.

Curry v. City of Syracuse · filed 2003-01-15

Under Monell, a municipality “may not be held liable under § 1983 simply for the isolated unconstitutional acts of its employees. In order to impose § 1983 liability upon a municipality, a plaintiff must demonstrate that any constitutional harm suffered was the result of a municipal policy or custom.” ... Outside of Count Six, the negligent hiring and supervision claim, which was withdrawn by Curry, the complaint is devoid of any allegations which would support liability under Monell. Therefore, the complaint was properly dismissed as against defendant-appellee Syracuse.

Section 1983 permits municipal liability for a failure to act in these circumstances only when plaintiffs present evidence of deliberate indifference.

Weddell v. County of Carson City · filed 2003-01-16

Although a municipality may be liable under 42 U.S.C. § 1983, such liability arises in these circumstances only if plaintiffs present evidence that Carson City’s failure to act rose to the level of deliberate indifference.

Section 1983 permits municipal liability when an official with final policymaking authority directs the challenged action, even without a broader municipal policy.

Mandell v. The County of Suffolk and John Gallagher, Police Commissioner · filed 2003-01-17

A municipal entity may be liable under 42 U.S.C. § 1983 only if the alleged constitutional violation was caused by the entity’s “policy or custom.” ... Thus, if the challenged action is directed by an official with “final policymaking authority,” the municipality may be liable even in the absence of a broader policy. ... Gallagher’s position provides a sufficient basis for holding the County liable for his adverse decisions with respect to plaintiff.

Section 1983 requires a municipal liability claim to allege that a government custom or policy caused the violation; one incident alone does not establish such a custom or policy.

Chin v. City of Baltimore · filed 2003-01-22

The plaintiffs have not alleged sufficient facts to establish that the search of Sweet N Spicy Foods was the result of a custom or policy of the Baltimore Police Department. Indeed, the plaintiffs have alleged no incidents other than the search of Sweet N Spicy Foods. ... The § 1983 claim against the Baltimore Police Department, therefore, fails to state a claim.

A § 1983 municipal claim fails when the plaintiff has not made the requisite showing for municipal liability.

Brown v. Pennsylvania Department of Health Emergency Medical Services Training Institute · filed 2003-01-22

A municipality may be held liable if a constitutional violation was caused by action taken pursuant to a municipal policy or custom.

Section 1983 municipal liability requires a direct causal link between a municipal policy and a constitutional violation; an inadequate training policy alone is insufficient.

Charmaine Brown v. Commonwealth Of Pennsylvania Department Of Health Emergency Medical Services Training Institute · filed 2003-01-22

It is not enough that a municipality adopted with deliberate indifference a policy of inadequately training its officers. There must be a "direct causal link" between the policy and a constitutional violation.

A plaintiff seeking damages from a municipality under § 1983 must show that the municipality had an unconstitutional policy or custom.

Wagner v. City of Holyoke · filed 2003-01-24

A plaintiff seeking damages against a municipality under § 1983 must demonstrate the existence of “an unconstitutional policy or custom of the municipality itself.”

Section 1983 permits a First Amendment claim against a city even when the plaintiff names no individual defendants in their personal capacities.

Lewis v. City Of Boston · filed 2003-01-28

We uphold the district court’s ruling, unchallenged by the City, that Lewis could bring his First Amendment claim under § 1983, even though Lewis failed to name individual defendants in their personal capacity.

Section 1983 does not make a municipality liable merely because its employees committed constitutional violations.

Hernandez v. Borough of Palisades Park Police Department · filed 2003-01-30

The mere fact that Borough employees committed the burglaries is insufficient because municipalities cannot be held liable in a Section 1983 suit under the doctrine of respondeat superior.

Section 1983 holds a city responsible for an employee’s constitutional violation when a municipal custom or policy caused it.

Thomas v. City of Cleveland · filed 2003-01-30

A city is responsible for a constitutional violation committed by its employee if the plaintiff shows that a municipal custom or policy caused the alleged violation.

Section 1983 claims against a municipality withstand a motion to dismiss when the complaint gives fair notice of the claims and their basis.

Jones v. District of Columbia · filed 2003-01-31

The Court finds that the complaint provides fair notice to the District of the plaintiffs’ section 1983 claims and their basis, all that is required in this instance to withstand a motion to dismiss.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show that an official policy or custom caused the denial of civil rights.

Baron v. Hickey · filed 2003-01-31

To make his § 1983 claim against the Sheriff and the Department, Baron must show that they sanctioned an official policy or a “custom” or unofficial policy that resulted in the denial of Baron’s civil rights.

Section 1983 does not make a county liable for enforcing a policy mandated by state law.

Lui v. Commission on Adult Entertainment Establishments of the Delaware · filed 2003-01-31

That policy is, in every meaningful sense, an obligation imposed by the State, and viewing it as such requires the conclusion that the County cannot be liable for enforcing it.

Section 1983 requires a plaintiff suing a municipality or its agencies to allege that an approved municipal policy or custom caused a constitutional violation.

Berthesi v. Pennsylvania Board of Probation · filed 2003-02-05

To state a cause of action against either a municipality or its agencies, a plaintiff must allege that a constitutional violation resulted from an approved municipal policy or custom.

Section 1983 requires a causal link between a municipality and the alleged constitutional violations for municipal liability.

Byrd v. Cornell Corrections, Inc. · filed 2003-02-06

There is no evidence that the city had any role in operating the Great Plains Correctional Facility and thus no causal link between the city and the alleged constitutional violations.

Section 1983 does not make a municipality liable solely because it employed the person who allegedly violated a right.

Ledbetter v. City of Topeka, KS · filed 2003-02-06

Under § 1983, a municipality may not be held liable on a theory of respondeat superior.

Section 1983 permits school district liability based on a custom of inaction when the requirements for municipal liability are met.

Doe Ex Rel. Doe v. Warren Consolidated Schools · filed 2003-02-13

The Court concludes that a genuine issue of material fact exists with respect to whether section 1983 liability exists due to a “custom” of inaction.

Section 1983 permits municipal liability for a custom of unconstitutional conduct even without an express policy.

Blihovde v. St. Croix County · filed 2003-02-13

Even when there is no express policy, a municipality may be liable when there is a “custom” of unconstitutional conduct.

Section 1983 requires evidence that an official county policy or custom caused the plaintiff’s injury to hold the county liable.

Garner v. Dillard's Department Store, Inc. · filed 2003-03-07

Because the Plaintiff has failed to present sufficient evidence to raise a material issue concerning the existence of any official policy or custom that led to his alleged injury, the County is entitled to summary judgment.