42 U.S.C. § 1983

Section 1983 requires evidence of a sufficiently widespread unconstitutional custom to establish municipal liability on a custom theory.

Sakote v. District of Columbia · filed 2003-03-10

Even if we assume that Sakote’s claim for “unconstitutional retaliation” based upon his allegedly protected complaints about his supervisor would support individual liability under 42 U.S.C. § 1983, the district court was correct to conclude that Sakote failed to raise a genuine issue of fact concerning the existence of a custom of unconstitutional behavior by the District.

Section 1983 requires a plaintiff to show a direct link between a municipal policy and an alleged constitutional violation to hold a municipality liable.

Norman v. City of Bedford Heights · filed 2003-03-10

The City of Bedford Heights is also immune from Norman’s claim. A municipality will be immune unless the plaintiff can show a direct link between a municipal policy and the alleged constitutional violation.

Section 1983 permits a claim against a municipality when the challenged conduct results from municipal policy or from an official with final policymaking authority over the matter.

Perks v. Town of Huntington · filed 2003-03-12

Thus, to make out a Section 1983 claim against Huntington, Perks must either show (1) that Scarpati-Reilly’s harassment of him resulted from a Town policy or (2) that Scarpati-Reilly herself had — pursuant to state law — final authority over the particular area involved (namely, personnel decisions).

Section 1983 requires a plaintiff seeking to hold a municipal entity liable to show that its policy or practice caused the deprivation of rights.

Linder v. City of New York · filed 2003-03-13

To support liability on the part of a municipal entity, plaintiff must show that the deprivation of her rights was caused by the existence of a policy or practice of that entity.

A city may face § 1983 damages liability when a decision by its planning commission constitutes official policy that violates constitutional rights.

Hillside Productions, Inc. v. Duchane · filed 2003-03-14

Plaintiffs in this ease have satisfied their burden under Monell, claiming that the City Planning Commission’s decision to revoke its Special Approval Land Use was an act of official government policy that violated their constitutional rights. Given this, Defendant City may be liable for damages under 42 U.S.C. § 1983.

Section 1983 does not impose municipal liability merely because an official failed to follow municipal policy; the plaintiff must establish a policy or custom attributable to the municipality.

Noone v. City of Ocean City · filed 2003-03-17

As we stated in Nawrocki, where an official fails to adhere strictly to municipal policies, we will not infer that a policy exists to subject the municipality to liability under § 1983.

Section 1983 permits a claim against a city when officials deliberately ignore allegations of police harassment and their inaction proximately causes injury.

Murray v. City of Onawa · filed 2003-03-17

Read as a whole, we believe the jury instructions require Amy to establish more than mere inaction on the part of the City. Amy had to prove that the city officials deliberately chose to ignore her allegations regarding Officer Fouts, and that their failure to act was the proximate cause of her mental distress and other psychological injuries.

A municipality may face § 1983 liability for failing to take action to protect suspects’ constitutional rights, even without a policy governing the transmission of exculpatory material to prosecutors.

Murvin v. Jennings · filed 2003-03-31

Here, the Town cannot avoid liability as a matter of law merely because it does not have a policy, custom or practice that governs the transmittal of exculpatory material to prosecuting officials. To the contrary, as the foregoing case law clearly establishes, the Town may be liable under § 1983 for its failure to take action to insure that the constitutional rights of criminal suspects are not violated and that its police officers abide by the statutorily-imposed duty to disclose exculpatory information to prosecuting authorities.

Section 1983 requires liability on the underlying claim against an individual officer before a plaintiff can recover damages from a municipality under a failure to train or failure to implement theory.

Windle v. City Of Marion · filed 2003-04-01

As for the claim of municipal liability, 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 failure to train or failure to implement theory. Tesch v. County of Green Lake, 157 F.3d 465, 477 (7th Cir.1998). Having determined that Chaunce did not suffer a constitutional violation from the inaction of Raymer or any other police officer in Marion, we must conclude that the City of Marion cannot be held liable for a failure to train or a failure to institute a policy.

Section 1983 permits municipal liability only when an unconstitutional action is taken pursuant to an official municipal policy, custom or practice.

Warner v. Village of Goshen Police Dept. · filed 2003-04-02

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

Section 1983 permits county liability for a commissioner's statements if the commissioner has final policymaking authority or the board delegated authority to speak for it or acquiesced in the statements.

Laverdure v. County of Montgomery Michael D. Marino · filed 2003-04-02

Even though Marino himself lacked final policymaking authority that could bind the County, LaVerdure could have demonstrated that the Board delegated him the authority to speak for the Board or acquiesced in his statements.

Section 1983 permits a city to be held liable for a constitutional violation caused by an official with final authority over the challenged decision.

Kassim v. City of Schenectady · filed 2003-04-03

His actions were clearly, patently, blatantly, and unjustifiably unreasonable, and because he was a high-ranking official within the city in charge of the discretionary decision on how much notice to give, his conduct will be attributed to the city.

Section 1983 requires a plaintiff suing a municipality to establish a policy or custom attributable to municipal policymakers.

Alexander v. City of South Bend · filed 2003-04-04

To maintain suit against a municipality under § 1983, a plaintiff must establish a “policy or custom” attributable to municipal policymakers.

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

Maneely v. City of Newburgh · filed 2003-04-08

The issue is essential to plaintiffs’ suit because, where a plaintiff seeks to hold a municipality hable under Section 1983 (as plaintiffs seek to do here), he must prove that a municipal “policy” or “custom” caused the deprivation of a right, privilege, or immunity secured by the Constitution or laws of the United States.

A § 1983 claim against a city based on a policymaker’s failure to act requires sufficient evidence that the failure was motivated by the alleged bias.

Evans v. Dotson · filed 2003-04-11

Even if failure to take action under some circumstances could amount to ratification, dismissal of Evans’s § 1983 claim against the City was nonetheless appropriate because there was no legally sufficient evidentiary basis for a jury to conclude that Reynolds failed to take action on the basis of gender bias.

Section 1983 does not permit municipal liability based on a policy or custom without an underlying constitutional violation by an employee or agent.

Villalpando v. City of Denver · filed 2003-04-14

The Hospital Authority may not be held liable for its policies or customs under § 1983 unless there is an underlying constitutional violation by its employees or agents.

Section 1983 requires a link between a municipal policymaker’s deliberate choice and the alleged injury before a city can be liable for a department policy.

Farrar v. Yamin · filed 2003-04-14

The policy or custom of a city department by itself is insufficient to trigger city liability under § 1983 unless the “municipality ... is the moving force behind the injury because some policymaker made a deliberate choice to act or not act in a certain way.”

Section 1983 imposes municipal liability only when an official policy or custom causes the deprivation of a constitutional right.

Lytle v. Doyle · filed 2003-04-14

However, not every deprivation of a constitutional right will lead to municipal liability. Only in cases where the municipality causes the deprivation “through an official policy or custom” will liability attach.

Section 1983 permits municipal liability based on an official’s conduct only if the official has final policymaking authority or the municipality delegated authority to the official or acquiesced in the conduct.

Laverdure v. Montgomery · filed 2003-04-16

Even though Marino himself lacked final policymaking authority that could bind the County, LaVerdure could have demonstrated that the Board delegated him the authority to speak for the Board or acquiesced in his statements.

Section 1983 requires evidence of a pattern, practice, custom, or lack of training to hold a municipality liable.

Anderson v. City of Philadelphia · filed 2003-04-21

The court reasoned that the City could not be liable because Anderson failed to produce any evidence of the pattern, practice custom or lack of training necessary for municipal liability under § 1983. We agree.

Section 1983 requires proof that an unconstitutional municipal policy, custom, or practice of deliberate indifference caused the alleged violation before a city or official sued in an official capacity can be held liable.

Oliver v. City of Berkley · filed 2003-04-22

To hold City of Berkley or Chief Henderlight, in his official capacity, liable under 42 U.S.C. § 1983, plaintiff must prove that Officer Smith’s May 3, 1996 alleged sexual assaults were the product of an unconstitutional policy, custom, or practice of “deliberate indifference” towards plaintiffs constitutional rights.

Section 1983 permits direct municipal liability when an official policy or decision causes a constitutional violation, but not vicarious liability for an employee's acts.

Barnthouse v. City of Edmond · filed 2003-04-22

Although a municipality is not lable vicariously for the acts of its employees, it can be subject to direct liability if it caused a constitutional violation through a policy statement, ordinance, regulation or decision officially adopted and promulgated by the municipality's officers.

A Section 1983 plaintiff need not plead evidence supporting an alleged municipal custom or policy that caused the injury.

Tsotesi v. Board of Education of the City School District · filed 2003-04-23

The plaintiff is not obliged to plead evidence supporting his allegations of the existence of a custom or policy that allegedly caused the injury in question.

Section 1983 municipal liability requires a constitutional harm caused by a municipal policy or custom.

Hennessy v. City of Long Beach · filed 2003-04-25

In holding the City of Long Beach liable for the acts of their employees under Section 1983, a plaintiff must show that she suffered a constitutional harm as a result of a municipal policy or custom. ... The complaint does not allege that the plaintiff suffered a constitutional harm due to a municipal policy or custom. Accordingly, the motion to dismiss the Section 1983 claim against the City of Long Beach is granted.

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

Clark v. La Marque Indep Sch · filed 2003-04-29

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

A municipality is liable under § 1983 only when an official policy, a pervasive custom or practice, or a final policymaker is responsible for the alleged violation.

Caruso v. City of Cocoa, Florida · filed 2003-05-01

Alternatively, this Court notes that the Defendant is not liable on the First Amendment claim because Robert Caruso has not identified an official policy, or pervasive and well-settled custom or practice, or a final policymaker responsible for the allegedly unlawful discipline and/or demotion.

Section 1983 liability based on a municipality’s widespread unconstitutional practice requires a series of violations; isolated acts of misconduct are insufficient.

Palmer v. Marion County, City of Indianapolis, and Sheriff Jack Cottey · filed 2003-05-01

When a plaintiff chooses to challenge a municipality’s unconstitutional policy by establishing a widespread practice, proof of isolated acts of misconduct will not suffice; a series of violations must be presented to lay the premise of deliberate indifference.

A § 1983 complaint can support municipal liability by alleging that an authorized decisionmaker’s single decision was the entity’s policy.

Lott v. Andrews Center · filed 2003-05-02

Viewing the evidence in the light most favorable to Lott, at this stage, Lott has identified an authorized decisionmaker, DeSanto, whose single decision could be understood as the Center’s policy.

A § 1983 claim against a county medical department requires a suable legal entity and injuries attributable to a county policy or custom.

Henderson v. Mid States Svc Inc · filed 2003-05-06

He has not shown that the Medical Department is a legal entity amenable to suit, nor has he shown that his alleged injuries were due to any county policy or custom.

Section 1983 does not make a municipality liable solely because its employee injured someone.

Sanchez v. City of Albuquerque · filed 2003-05-08

However, a municipality may not be held liable under § 1983 solely because one or more of its employees has inflicted injury on the plaintiff.

Section 1983 permits a claim against a city when its policy causes a constitutional violation, and evidence that the city approved the challenged conduct can defeat summary judgment.

Kuha v. City of Minnetonka · filed 2003-05-08

A city may be sued directly under § 1983 where “the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by [the city’s] officers.” ... Applying the principles set forth in Monell, it is clear that the City’s motion for summary judgment must be denied.

Section 1983 requires proof that an official policy, practice, or custom deprived a person of a federal right to sustain an official-capacity claim against a sheriff.

Riebsame v. Prince · filed 2003-05-09

To maintain a § 1983 claim against Sheriff Williams in his official capacity, Riebsame must show that Sheriff Williams consciously chose or officially sanctioned or ordered an official policy, practice, or custom that deprived Riebsame of a federal right. Riebsame has submitted no evidence that supports the finding of such a policy, practice or custom.

A Section 1983 claim against a city requires allegations directly linking a municipal policy or custom to the alleged constitutional violation.

Glenn v. Walker · filed 2003-05-09

Moreover, Glenn did not state a claim against the City of Detroit because Glenn did not sufficiently allege a direct causal link between a municipal policy or custom and the alleged violation of his constitutional rights.

Section 1983 municipal liability based on custom requires a widespread practice so settled that it has the force of law.

Patches v. City of Phoenix · filed 2003-05-12

To prove the existence of a “custom,” Patches is required to show “the existence of a widespread practice that ... is so permanent and well settled as to constitute a ‘custom or usage’ with the force of law.”

Section 1983 permits municipal liability for a constitutional violation committed by an official with final policymaking authority over the challenged action.

Shehee v. City of Wilmington · filed 2003-05-13

Therefore, Williams was a final policymaker whose acts in violation of § 1983 may fairly be said to represent the City’s official policy.

Section 1983 does not impose municipal liability when local officials merely enforce state law rather than act under a municipal policy that causes the alleged deprivation.

Anderson v. Town of Durham · filed 2003-05-14

Applying the Seventh Circuit’s analysis of the applicability of § 1983 to local actors acting pursuant to state law, “[w]hile it is true that [Raymond and Durham] did not enact [the statute], it is equally clear that the city’s policy of enforcing the statute constitutes state action” and not local action.

Section 1983 does not impose municipal liability for an official’s termination decision when that decision is subject to meaningful administrative review.

Quinn v. Monroe County, James L. Roberts, County Administrator, Monroe County, individually and in his official cap · filed 2003-05-19

Because the Career Service Council has the power to reverse any termination decision made by Roberts, he is not a final policymaker with respect to termination decisions at the library.

A city cannot be held liable under § 1983 without a showing that an official policy or custom caused the violation of rights.

Morales v. City of Los Angeles · filed 2003-05-27

We also conclude that, because Cervantes makes no showing that his rights were violated as a result of an “official policy or custom,” the City of Los Angeles cannot be held liable under § 1983.

Section 1983 permits a claim against a municipality only when an unconstitutional policy or custom caused the plaintiff’s injury.

Swanson v. Livingston County · filed 2003-05-29

In order to state a claim against a city or a county under § 1983, a plaintiff must show that his injury was caused by an unconstitutional “policy” or “custom” of the municipality.

Section 1983 permits municipal liability for the prosecutorial decisions of Nevada deputy district attorneys because they have final policymaking authority.

Webb v. Sloan · filed 2003-05-29

The district court correctly held that deputy district attorneys in Nevada are final policymakers whose actions can be the acts of the municipality for the purposes of attaching liability under § 1983.

Section 1983 permits municipal liability for prosecution decisions made by Nevada deputy district attorneys because they have final policymaking authority.

Webb v. Sloan · filed 2003-05-29

In Carson City’s appeal, we hold that deputy district attorneys are final policymakers in Nevada for purposes of establishing municipal liability under 42 U.S.C. § 1983.

Section 1983 permits municipal liability only when the deprivation results from official municipal policy or the action of an official responsible for establishing that policy.

City of Hammond v. Cipich Ex Rel. Skowronek · filed 2003-05-30

This means that to be the basis for municipal liability under § 1983, tortious conduct generally must be pursuant to a municipality's "official policy" made either by the municipality itself or by someone responsible for establishing policy.

Section 1983 requires admissible evidence of an unconstitutional municipal policy to support an injunction against the municipality.

Brown v. Nassau County · filed 2003-06-09

Contrary to the plaintiffs assertions, he failed to proffer any admissible evidence of unconstitutional policies in Nassau County necessitating an injunction against the municipality (see R.A.C. Group v Board of Educ. of City of N.Y., 295 AD2d 489 [2002]; Mann v Alvarez, 242 AD2d 318 [1997]).

A city cannot be liable under Section 1983 for a policy or custom sanctioning a constitutional violation when no underlying constitutional violation occurred.

McCormick v. City of Fort Lauderdale, Jonathan Walker, Officer · filed 2003-06-11

Because we conclude that Officer Welker’s arrest and use of force were constitutionally permissible, there can be no policy or custom of the City that “officially sanctioned or ordered” a constitutional violation.

Section 1983 municipal liability requires an underlying constitutional injury.

Jarrett v. Town of Yarmouth, Gerard Britt, Cheryl Nugent Gomsey, Richard White, Peter McClelland Robert Chapman · filed 2003-06-12

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 city liable for its officers’ constitutional violations merely because it employs them.

Duley v. City of Struthers · filed 2003-06-12

Furthermore, even if the police officers did violate Duley’s constitutional rights, the City cannot be held responsible for their conduct under § 1983 simply because the City employed them.

Section 1983 municipal liability requires a policy or custom that causes the alleged constitutional violation.

Shorter v. Giles County Police Department · filed 2003-06-13

Furthermore, Shorter has neither alleged in her complaint nor presented any evidence in response to the defendants’ motion for summary judgment that the City operated pursuant to an unconstitutional policy or custom requiring its police officers to violate the constitutional rights of its citizens.

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

Zuniga v. City of Midwest City · filed 2003-06-17

First, Zuniga presented no evidence showing that Midwest had an unconstitutional or illegal policy or custom that was the moving force behind his arrest as is required to establish municipal liability under § 1983.

Section 1983 municipal liability requires support for an official policy or custom; a conclusory allegation is insufficient.

Lanier v. Ed Bryant · filed 2003-06-17

Lanier never offered, anything beyond this conclusory allegation to suggest that this was a part of some official policy or custom of the City of Dyersburg. Therefore, the district court properly dismissed Lanier’s § 1983 claim against the City of Dyersburg.

A municipality may be liable under § 1983 when its official policy or ordinance causes the alleged deprivation of rights; an ordinance cited only as the source of a claimed property interest does not establish that basis for liability.

Fortuna's Cab Service, Inc. v. City of Camden · filed 2003-06-20

Plaintiffs accurately assert that a municipality may be held liable under § 1983 where the alleged unconstitutional action “implements or executes a policy statement, ordinance, regulation or decision official adopted and promulgated by that body’s officers.” ... But Plaintiffs do not argue that the Camden ordinance deprived them of due process; rather they rely on Monell to argue that Camden ordinance created a valid property interest.

Section 1983 permits municipal liability when an official with final policymaking authority over employee discipline ratifies the challenged discipline.

Myers v. City of Highland Village, Texas · filed 2003-06-23

The City Counsel has expressly delegated final policy making authority relating to discipline of city employees to the City Manager, who is appointed as the exclusive authority to implement city policy. Accordingly, the city manager’s ratification of Myers’ demotion, suspension, and termination is imputable to the City.

Section 1983 permits municipal liability only for the municipality’s own policies, not for improper acts by its employees.

Nisenbaum, Mark A. v. Milwaukee County · filed 2003-06-25

A unit of municipal government may be held liable under §1983 only for its own policies, not for the improper acts of its agents and employees.

Section 1983 permits municipal liability without a pattern of violations only when a constitutional violation was a highly predictable consequence of the policy or failure to train.

Burge v. St. Tammany Parish · filed 2003-06-25

Accordingly, the exception will apply only where the facts giving rise to the violation are such that it should have been apparent to the policymaker that a constitutional violation was the highly predictable consequence of a particular policy or failure to train.

Section 1983 permits municipal liability only for a municipality’s own policies, not for the improper acts of its agents or employees.

Mark A. Nisenbaum, Cross-Appellee v. Milwaukee County · filed 2003-06-25

A unit of municipal government may be held liable under § 1983 only for its own policies, not for the improper acts of its agents and employees.

Section 1983 permits municipal liability only when the municipality itself caused the constitutional violation through a policy or custom.

Camiolo v. State Farm Fire & Casualty Co. · filed 2003-06-30

Furthermore, under Monell v. New York City, 436 U.S. 658, 691 (1978), liability under § 1983 for a constitutional deprivation may attach to Upper Moreland Township only if the municipality itself caused the violation. ... This record is devoid of any evidence that Upper Moreland Township had a custom or policy that would have caused Camiolo’s violation.

Section 1983 permits municipal liability for a constitutional deprivation only when the municipality itself caused the violation.

Camiolo v. State Farm Fire And Casualty Co. · filed 2003-06-30

Furthermore, under Monell v. New York City, 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), liability under § 1983 for a constitutional deprivation may attach to Upper Moreland Township only if the municipality itself caused the violation.

Section 1983 does not make a municipality liable for an employee’s acts or omissions solely through respondeat superior.

Gray v. Tunica County, Mississippi · filed 2003-07-02

With respect to the plaintiffs’ claim that Tunica County is liable under Section 1983 because Jailer Wellington, in his official capacity, committed acts or omissions which caused Mr. Bell’s death, the argument is rejected. As discussed above, Tunica County cannot be held liable via the doctrine of respondeat superior.

Section 1983 permits municipal liability when an officer’s constitutional violation is part of an ongoing municipal practice or custom.

Avalos Ex Rel. Vasquez v. City of Glenwood · filed 2003-07-03

As noted above, municipal liability may only be had in § 1983 actions in limited circumstances, including where an officer’s constitutional violation is part of an ongoing practice or custom of the municipality.

Section 1983 requires evidence of a policy or custom to hold a municipal entity liable.

Rivera v. Puerto Rico Aqueduct and Sewers Authority · filed 2003-07-03

We agree with the district court that any claims against PSG and PRASA must fail because there is no evidence of any policy or custom that could warrant municipal liability.

Section 1983 permits municipal liability when a municipal policy is causally linked to a violation of constitutional rights.

Graw v. Fantasky · filed 2003-07-07

To determine whether a municipality can be held liable under Section 1983, there must be: (1) a municipal policy and (2) a causal link between the municipal policy and the violation of the plaintiff's constitutional rights. ... With its allegations that Fantaskey violated several of the plaintiffs' constitutional rights and that Fantaskey set municipal policy, a Section 1983 claim has been stated against the Borough of Renovo.

Section 1983 does not impose municipal liability under a respondeat superior theory for torts committed by city employees.

Ellis v. City of Chicago · filed 2003-07-08

Municipal liability under § 1983 cannot arise under a respondeat superior theory for torts committed by City employees.

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

Okocci v. KLEIN, CO. · filed 2003-07-09

Where suit is brought against a municipality under § 1983, the municipality is only liable when the plaintiff can show that the municipality itself, by implementing a municipal policy, regulation or decision either formally adopted or informally adopted through custom, actually caused the alleged constitutional transgression.

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

Carbajal v. County of Nassau · filed 2003-07-12

The claim against Nassau County, the Sheriffs Department, the Nassau County Police Department, Hempstead Village and the Hempstead Police Department under Section 1983 based on a theory of respondeat superior is without merit.

Section 1983 does not hold public entities liable for their employees’ acts under respondeat superior.

Associates in Obstetrics & Gynecology v. Upper Merion Township · filed 2003-07-16

Defendants correctly argue that public entities cannot be held liable under the theory of respondeat superior under § 1983.

Section 1983 requires facts showing that a defendant controlled or influenced the actor responsible for the challenged action before that action can be attributed to the defendant’s policy.

Young v. King County · filed 2003-07-17

In a § 1983 case, the plaintiff must allege some facts showing that the defendants had some control or influence over the person or entity that took the challenged action against the plaintiff. ... Since Young was transported pursuant to a court order and he has failed to show King County controlled or influenced the courts, his detentions at KCCF are not attributable to King County policy. Summary judgment is appropriate for these claims.

Section 1983 does not impose liability on a city when its officials committed no constitutional violation.

Cartwright v. Marine City · filed 2003-07-21

Because the City can only be held liable if there is a showing of liability on the part of its officials, the determination that the officers did not violate Cartwright's constitutional rights resolves plaintiff's claim against the City as well.

Section 1983 does not impose municipal liability when officers did not violate the plaintiff’s constitutional rights, regardless of whether a county policy existed.

Dixon v. Wallowa County · filed 2003-07-21

We need not review the validity of the district court's absence of policy determination because, as we held, the officers did not violate Dixon's Fourth Amendment rights when they seized the residence. This holding precludes section 1983 municipal liability regardless of whether there was a County policy.

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

Shamaeizadeh v. Cunigan · filed 2003-07-22

To establish municipal liability pursuant to § 1983, a plaintiff must allege an unconstitutional action that “implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers” or a “constitutional deprivation[ ] visited pursuant to governmental ‘custom’ even though such a custom has not received formal approval through the body’s official decisionmaking channels.”

A municipality is liable under § 1983 for its employees’ unconstitutional acts only when those acts result from a municipal policy, practice or custom.

Ponder v. Albany County Sheriff's Department · filed 2003-07-24

It is well settled that “a municipality may only be held liable under [42 USC] § 1983 for the unconstitutional actions of its employees if those acts were the result of a municipal policy, practice or custom” (Smith v Montefiore Med. Ctr. — Health Servs. Div., 22 F Supp 2d 275, 282 [1998]; see Monell v Department of Social Servs. of City of N.Y., 436 US 658, 690-691 [1978]).

Section 1983 permits municipal liability when an official policy, practice, or custom is linked to a constitutional violation and reflects deliberate indifference to the injury.

Son v. Frasier · filed 2003-07-28

A municipality is liable under 42 U.S.C. § 1983 only if: (1) the municipality has an official policy, practice or custom that could subject it to § 1983 liability; (2) the official policy is linked to the constitutional violation; and (3) the official policy reflects the municipality’s deliberate indifference to the injury.

Section 1983 permits municipal liability only for acts taken under an official policy or municipal custom.

Mootye v. Dotson · filed 2003-07-29

A municipality can be liable under Section 1983 only for acts taken pursuant to its official policy, statement, ordinance, regulation or decision, or pursuant to a municipal custom.

A municipality’s failure to discipline an officer after an incident does not establish ratification for § 1983 liability without facts showing that the failure amounted to municipal policy.

Haugen v. Rochelle Brosseau, Puyallup Police Department the City of Puyallup · filed 2003-08-04

Although some municipal pronouncements ratifying a subordinate’s action could be tantamount to the announcement or confirmation of a policy for purposes of Monell, here there are no facts in the record that suggest that the single failure to discipline Haugen rises to the level of such a ratification.

Section 1983 permits municipal liability for damages, but there can be no municipal liability when no constitutional violation occurred.

Bowman v. Dozier · filed 2003-08-05

Under 42 U.S.C. § 1983, a municipality like the Deschutes County Sheriff Department can be held liable for damages, however, because we find that there is no constitutional violation, there can be no liability.

Section 1983 permits municipal liability for a constitutional deprivation only if it results from a municipal policy or custom.

Marshall v. Holloway · filed 2003-08-06

“[I]n a § 1983 action, a municipality may only be held liable for constitutional deprivations if the deprivation is the result of a policy or custom of the municipality.” Id. at 578-79. Accordingly, even if Marshall had demonstrated that a constitutional deprivation occurred, his claim against Pennington County would fail, for he has pointed to no evidence that the County had a policy or custom of deliberate indifference to an inmate’s medical needs.

Section 1983 municipal liability for an official custom or policy requires the policymaker to know that a constitutional violation will most likely result.

BURGE v. ST. TAMMANY PARISH · filed 2003-08-08

Knowledge on the part of a policymaker that a constitutional violation will most likely result from a given official custom or policy is a sine qua non of municipal liability under section 1983.

Section 1983 requires an official policy or custom to hold a municipality or officers sued in their official capacities liable for damages.

No. 01-7978(l) · filed 2003-08-08

Because Anthony has not shown that there is an official policy or custom of arbitrarily seizing and hospitalizing disabled individuals, we reject her § 1983 claims for damages against the City and against the named and unnamed police officers in their official capacities.

Section 1983 requires an official policy or custom to hold a city or officers sued in their official capacities liable for a constitutional violation.

Anthony v. City of New York · filed 2003-08-08

Because Anthony has not shown that there is an official policy or custom of arbitrarily seizing and hospitalizing disabled individuals, we reject her § 1983 claims for damages against the City and against the named and unnamed police officers in their official capacities.

Section 1983 requires a plaintiff seeking to hold a municipality or an official in an official capacity liable to establish a widespread municipal policy or practice.

Maxwell v. City of New York · filed 2003-08-11

However, in order to state a claim against the City, or Safir in his official capacity, Maxwell must establish a widespread municipal policy or practice of maintaining such allegedly inhumane conditions.

Section 1983 permits a claim against a city for the conduct of a district attorney’s office when the district attorney acts as a city policymaker.

Johnson v. Kings County District Attorney's Office · filed 2003-08-11

Based upon the foregoing analysis, we find that a 42 USC § 1983 claim may be maintained against the City for the conduct of the District Attorney’s office, insofar as the District Attorney acted as a New York City policymaker.

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

Means v. City of Atlanta Police Department · filed 2003-08-12

Means makes no argument and offers no proof that the city had a policy or custom of arresting individuals without probable cause. Accordingly, Means may not pursue a claim against the city pursuant to 42 USC § 1983.

Section 1983 does not impose municipal liability when the plaintiff fails to establish a violation of constitutional or federal statutory rights.

Tallerday v. City of Tucson · filed 2003-08-19

Summary judgment was proper on Tallerday’s section 1983 claim because she failed to raise a genuine issue as to whether restricting her ability to sew during work lulls, while she had a workers compensation claim pending for repetitive stress injury, violated her constitutional or federal statutory rights. Therefore, the City of Tucson is not subject to municipal liability under section 1983.

Section 1983 does not impose municipal liability when there is no underlying constitutional injury.

Durkin, Kathy v. City of Chicago · filed 2003-08-22

However, a municipality cannot be found liable if there is no finding that the individual officer is liable on the underlying substantive claim. ... Since Durkin did not suffer a constitutional injury, she has no claim against the municipality.

A municipality cannot be liable under § 1983 if no individual officer is liable on the underlying substantive claim.

Durkin v. City of Chicago · filed 2003-08-22

Finally, Durkin claims that under 42 U.S.C. § 1983, the City is liable because a person with final policy making authority caused her constitutional injury. However, a municipality cannot be found liable if there is no finding that the individual officer is liable on the underlying substantive claim.

Section 1983 permits municipal liability for a mayor’s employment decisions when the mayor has final authority over those decisions and they constitute municipal policy.

Rivera-Torres v. Ortiz-Velez · filed 2003-08-26

Ortiz had the authority to control the conditions of Rivera's employment by virtue of being the Mayor of Sabana Grande. The employment decisions he made in that capacity constituted the policy of the municipality under well-established precedent.

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

Gagne v. DeMarco · filed 2003-08-26

Thus, to impose liability on a municipality, the plaintiff must prove that a municipal policy or custom caused a deprivation. ... Accordingly, Gagne’ § 1983 false arrest claim against the Town of Old Saybrook and its police department fails as a matter of law.

Section 1983 does not make a municipality liable solely because it employs officers who caused an injury.

Simms Ex Rel. Simms v. Hardesty · filed 2003-08-27

There is no respondeat superior liability under § 1983, i.e., the County cannot be held liable under the statute simply because there exists an employer-employee relationship between it and the officers who caused Simms’s injuries.

Section 1983 permits a county to be held liable when its authorized decision makers establish the policy that caused the injury.

HRSS, INC. v. Wayne County Treasurer · filed 2003-08-28

It is evident from the memorandum that the decision to pool the funds and retain any interest earned on those funds was made by the appropriate decision makers from a cross-section of county departments. ... Accordingly, the court finds that the County can be held liable under § 1983.

A § 1983 claim against a municipality requires an allegation that an official custom or policy caused the violation of rights.

Brown v. McCray · filed 2003-08-29

Likewise, Mr. Brown failed to allege that the violation of his rights was caused by an official custom or policy of the County–a showing that is required in order to state a § 1983 claim against a municipality.

A municipality liable under § 1983 is jointly and severally liable for compensatory damages regardless of whether it must indemnify the officer.

Disorbo v. Hoy · filed 2003-08-29

We note, however, that because the City is liable under Monell, the City is jointly and severally liable for the compensatory damages award, regardless of whether the City had an independent duty to indemnify Pedersen.

Section 1983 permits municipal liability for a Puerto Rico mayor’s unconstitutional personnel actions because the mayor’s actions constitute official municipal policy.

Carrasquillo v. Rodriguez · filed 2003-09-02

Accordingly, Plaintiffs did not have to allege specifically, as Defendants argue, that any policy or custom attributable to the municipality, or any of the appearing Defendants, was the moving force behind their injuries, since the municipality’s liability arises directly from the official policy actions of its mayor.

A school district is liable under § 1983 for a hostile work environment only if a policy or custom maintained it or showed deliberate indifference to it.

Sullivan v. Newburgh Enlarged School District Clarence Cooper · filed 2003-09-08

Because there is absolutely no evidence in the record from which a rational trier of fact could infer that the District had a policy or custom of maintaining or being deliberately indifferent to a hostile work environment, I grant summary judgment to defendant on plaintiffs claims that the district violated her rights under Section 1981 and Section 1983.

A city may be liable under § 1983 when the alleged constitutional violation was undertaken pursuant to its official policy or custom.

Telemundo of Los Angeles v. City of Los Angeles · filed 2003-09-10

By contrast, the Court is concerned with the circumstances in which a state actor may be held liable under § 1983. As discussed above, a proper inquiry focuses on whether the alleged constitutional violation was undertaken pursuant to the City’s official policy or custom. KMEX’s argument is therefore baseless.

Section 1983 municipal liability requires a county custom or policy that supports the claim.

Borkins v. Wayne County Sheriff Department · filed 2003-09-11

Further, plaintiff identified no county custom or policy or supervisory authorization that could support liability under § 1983 even if a constitutional violation is assumed.

A locality cannot be liable under § 1983 solely because it employs a person who violated constitutional rights.

Murray v. Town of Mansura · filed 2003-09-16

As we have repeatedly observed, a locality cannot be held liable under § 1983 solely on a theory of respondeat superior.

Section 1983 does not impose respondeat superior liability on a municipality; plaintiffs must show that the municipality was responsible for their injuries through a policy or custom.

Nicholson v. Scoppetta · filed 2003-09-16

There is no respondeat superior liability in a suit, such as this one, brought pursuant to 42 U.S.C. § 1983. ... Before a municipal entity may be found liable, the plaintiffs must show that the municipality is "actually responsible" for their injuries, as through a "policy or custom" of the city.

Section 1983 municipal liability requires a showing that the alleged constitutional violation resulted from a city or county custom or practice.

Bealer v. City of San Diego · filed 2003-09-16

Summary judgment was proper on Appellants’ constitutional claims against the City and County of San Diego for warrantless entry, invalid warrant, and excessive force, because Appellants failed to raise a genuine issue of material fact regarding whether the alleged constitutional violations were the product of a city or county custom or practice.

Section 1983 permits county liability when a county policy or custom is deliberately indifferent to constitutional rights and causes the plaintiff’s injury.

Hayes v. Faulkner County, Ark. · filed 2003-09-22

Accordingly, because Mr. Hayes has proven that the County had a policy or custom which was deliberately indifferent to his constitutional rights and caused Mr. Hayes’ injuries, Faulkner County is liable.

Section 1983 municipal liability requires an alleged policy or practice.

McCullah v. Mark Gadert and the City of Springfield, Illinois · filed 2003-09-22

First, the district court correctly concluded that MeCullah has failed to allege a policy or practice that can establish municipal liability. We therefore affirm its dismissal of McCullah’s § 1983 claim against the City and its police department.

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

Davis v. City of New York · filed 2003-09-22

A plaintiff who seeks to recover against a municipality under § 1983 must show that the violation of his constitutional rights resulted from a municipal policy or custom.

Section 1983 requires a plaintiff seeking to hold a city liable to allege and support a city policy that deprived him of constitutional rights.

Jones v. Meier · filed 2003-09-22

The district court properly granted summary judgment in favor of the City on Jones’s constitutional claims, because Jones failed to allege the City had a policy to deprive him of his constitutional rights, and the City’s evidence showed that there was no such policy.

An official-capacity § 1983 claim against a municipal employee requires a municipal policy or custom that caused the plaintiff’s injury.

Jarvis v. Marcum · filed 2003-09-22

To successfully plead an official capacity claim against a municipal employee or entity, a plaintiff must: 1) identify a municipal policy or custom; 2) connect that policy or custom to the municipality; and 3) show that execution of that policy or custom caused the particular injury.

Section 1983 does not make a municipality vicariously liable for the acts of its employees or agents.

Cherrington v. Skeeter · filed 2003-09-24

A municipality cannot be held vicariously liable under § 1983 for the acts of its employees or agents.

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

Marshall v. Columbia Lea Regional Hospital · filed 2003-09-29

Plaintiffs seeking to impose liability on a municipality under section 1983 must identify a municipal “policy” or “custom” causing their injury.

Section 1983 does not make a municipality liable solely because its employees caused an injury; liability requires a municipal policy or custom that causes a constitutional violation.

Joseph Ex Rel. Estate of Harbin v. City of Detroit · filed 2003-09-30

A municipal Defendant “cannot be held liable under § 1983 for an injury inflicted solely by its employees or agents.”

Section 1983 requires a plaintiff seeking to hold a government entity liable for a policy to show a constitutional violation and that the entity was responsible for it.

Hedgepeth v. Washington Metropolitan Area Transit · filed 2003-09-30

To establish that a specific entity-be it the District of Columbia or WMATA-is hable for the policy as applied to Ms. Hedgepeth, plaintiff must demonstrate both that (1) there was a constitutional violation and (2) that the entity was responsible for the violation.

A municipality may be liable under § 1983 for deliberate indifference to police use of excessive force even without prior complaints against the particular officer, if its policy caused the alleged violation.

Galindez v. Miller · filed 2003-09-30

However, a reasonable jury could conclude from plaintiffs evidence that Hartford had a policy or pervasive pattern of deliberate indifference to the possibility that its officers were prone to use excessive force, as demonstrated principally by Hartford’s failure to reasonably investigate complaints and the absence of punitive consequences for any accused officer, that such policy or pattern may have emboldened or implanted a sense of impunity in its officers, resulting in the challenged first offense by this defendant, and that the offense would not have occurred had proper investigation and police discipline procedures been in place.

Section 1983 municipal liability requires a plaintiff to establish that a constitutional violation caused the plaintiff’s harm.

McCabe v. City of Philadelphia · filed 2003-09-30

In order to establish section 1983 municipal liability, a plaintiff must first establish that the “plaintiff’s harm was caused by a constitutional violation.”

Section 1983 does not make a municipality liable merely because its officers acted unlawfully; the violation must be attributable to a municipal policy or custom.

Qutb v. Ramsey · filed 2003-10-01

As such, even when the evidence is construed favorably on behalf of plaintiff, the failure of the individual officers here to abide by MPD General Order 303 suggests the exercise of discretion on their part, rather than a pattern and practice of municipal indifference. Under these circumstances, to impose liability on the District for the action of its officers would be to impose the kind of vicarious liability not available under § 1983. The Court will therefore grant summary judgment to the District as to plaintiffs constitutional claims.

A § 1983 complaint against a municipality must at least allege that the officers’ conduct conformed to an official policy, custom, or practice.

Jones v. Salt Lake City Corp. · filed 2003-10-17

Although Utah courts have not previously addressed the minimum wording required for alleging a custom or policy violation in a complaint, other courts at a minimum require "a bare allegation that the individual officers' conduct conformed to official policy, custom, or practice." ... We adopt this minimum requirement for pleading § 19883 claims against municipalities in Utah.

Section 1983 permits municipal liability when the municipality itself causes a constitutional violation.

Dunn, Natasha A. v. City of Elgin · filed 2003-10-20

A municipality can be found liable under § 1983 if the municipality itself causes the constitutional violation.

Section 1983 permits municipal liability for ratification when a final policymaker approves a subordinate’s decision and its basis; merely failing to investigate or punish the officer does not suffice.

Brown v. City of Milwaukee · filed 2003-10-21

A municipality will be held liable under § 1983 on a ratification theory if a municipal official having final policymaking authority approves a subordinate’s decision and the basis for it. ... Thus, the City’s failure to investigate or punish Garcia does not give rise to municipal liability.

A municipality’s failure to supervise police officers can create liability under Section 1983 when it reflects a policy of deliberate indifference to constitutional rights.

Tobin v. Badamo · filed 2003-10-21

A municipality may be held liable under section 1983 when its failure to supervise police officers reflects a policy of deliberate indifference to constitutional rights.

Section 1983 requires proof of an unconstitutional municipal policy before a city may be held liable.

Forest v. Pawtucket Police Department · filed 2003-10-22

A court may not find a City liable under § 1983 unless the plaintiff proves the existence of an unconstitutional policy.

Section 1983 requires a policy or custom that caused the injury to impose liability on a city or an officer in an official capacity.

Craddock v. Hicks · filed 2003-10-23

Likewise, the Court perceives no official or even unofficial policy promulgated by either Chief White or the City which resulted in Craddock’s wrongful arrest, which was clearly the result of negligence on the part of Officer Hicks. The absence of any such official policy is fatal to Craddock’s claims against the City and against Chief White in his official capacity.

A Section 1983 claim against a city for an unconstitutional custom or policy requires an underlying constitutional injury.

Blaisdell v. Rochester · filed 2003-10-24

In order to prevail on his claim that the City maintained an unconstitutional custom or policy, Blaisdell must first demonstrate that he suffered some constitutional injury.

Section 1983 does not make a municipality liable solely because it employs an officer who commits a constitutional violation.

Eberle v. City of Newton · filed 2003-10-30

A municipality is not liable under § 1983 simply because it employs a constitutional tortfeasor.

Section 1983 imposes municipal liability only when acts taken pursuant to official municipal policy cause a constitutional tort.

Ogunrinu v. City of Riverside · filed 2003-10-30

In order to impose liability under 42 U.S.C. § 1983 on the municipal entities, Ogunrinu must show acts taken pursuant to official municipal policy that caused a constitutional tort.

Municipal and supervisory claims under § 1983 fail when there is no underlying constitutional violation by the officers.

Montes v. Ponce Municipality · filed 2003-10-31

Having found no underlying constitutional violation by the police, Montes’s municipal and supervisory § 1983 claims against the City, Mayor, and Police Commissioner necessarily fail.

Section 1983 requires a plaintiff alleging a municipal custom to show a persistent and widespread practice and actual or constructive knowledge of it by the municipality or an official with delegated policymaking authority.

Garcia v. County of El Paso · filed 2003-10-31

To establish a “custom,” Garcia was required to show both a “persistent and widespread practice” and actual or constructive knowledge of such custom by the municipality or by an official to whom the municipality had delegated policymaking authority.

Section 1983 does not support a claim against a municipality or police chief for failure to train or supervise when the officers committed no constitutional violation.

Tyson v. Willauer · filed 2003-11-04

Because we have found that neither Officer Pollick or Taylor violated the constitutional rights of any of the plaintiffs, plaintiffs can have no claim against the Town or its Police Chief under Monell for failure to train, supervise, establish proper guidelines, or to discipline.

Section 1983 does not impose respondeat superior liability on municipalities; a plaintiff must connect the constitutional injury to a municipal policy, custom, or final policymaker.

Somerville v. City of Chicago · filed 2003-11-05

However, municipalities do not have respondeat superior liability under § 1983. ... To show liability on the part of the City, Ms. Somerville must show that her constitutional injury was caused by Mr. Brooks acting (1) pursuant to an express policy of the City; (2) pursuant to an unofficial, widespread policy or custom “so permanent and well settled as to constitute a custom or usage with the force of law”; or (3) as a “final policymaking authority.” ... Ms. Somerville makes no such showing.

Section 1983 municipal liability based on a failure to discipline an officer requires evidence beyond the failure itself to show a policy or ratification.

Kanae v. Hodson · filed 2003-11-05

The law clearly requires “something more.” As Kanae presents nothing more than the failure to discipline Hodson, the County is entitled to summary judgment on Kanae’s § 1983 ratification claim.

Section 1983 permits municipal liability only when the injury results from a municipal policy, practice, or custom, or from a person with final policymaking authority.

Carpenter v. City of Chicago · filed 2003-11-06

A municipality may be liable for a constitutional violation under 42 U.S.C. § 1983 only if the injury resulted from the municipality’s policy, practice, or custom, or if the injury was caused by a person with final policy-making authority.

Section 1983 requires a municipal liability claim to identify a final policymaker and a policy or custom that was the moving force behind a constitutional violation.

Rivera v. Houston Independent School District · filed 2003-11-11

Therefore to sustain liability under § 1983, the Parents must point to more than the actions of a HISD employee, they must identify a policymaker with final policymaking authority and a policy that is the “moving force” behind the alleged constitutional violation.

Section 1983 municipal liability requires a plaintiff to plead and prove that an official policy or custom caused a constitutional injury.

Yeomans v. Wallace · filed 2003-11-14

Therefore, in order for a municipality to be liable under Section 1983, the plaintiff must plead and then prove that the existence of an official policy or custom caused a constitutional injury.

A § 1983 claim against a municipality must allege some factual basis for a municipal policy or custom.

R.S. v. District of Columbia · filed 2003-11-17

Even though the D.C. Circuit has not required a plaintiff to “plead law or match facts to every element of a legal theory,” Sparrow, 216 F.3d at 1115, it still requires that the complaint “include some factual basis for the allegation of a municipal policy or custom.” Atchinson v. District of Columbia, 73 F.3d 418, 422 (D.C.Cir.1996). That has not been done here, and thus, the motion to dismiss will be granted.

A court need not reach § 1983 municipal liability when it finds no individual liability against the officers.

Barboa v. Baird · filed 2003-11-18

The district court properly determined that it did not need to reach the issue of municipal liability because it found no individual liability against the police officers.

A municipality cannot be liable under § 1983 for a detention policy when the plaintiff has not established a constitutional violation.

Senter v. City of Dalworthington Gardens · filed 2003-11-18

The failure to establish a constitutional violation defeats Senter’s claims of municipal liability arising from the detention.

Section 1983 requires a municipal policy or custom to cause the alleged constitutional deprivation; an officer’s failure to follow the policy does not establish municipal liability.

Arlotta v. Bradley Center and the City of Milwaukee · filed 2003-11-18

If Officer Chin did, in fact, cause Arlotta to be improperly arrested, it was because he did not follow the MPD policy, not that the policy itself was deficient. Thus, Arlotta has failed to establish sufficient causation between the City’s policy and his arrest sufficient to sustain his § 1983 claim.

Section 1983 does not impose municipal liability where no constitutional violation occurred and no policymaker action can be attributed to the municipality.

Luellen v. City Of East Chicago · filed 2003-11-18

Finally, because we hold that there was no Fourth Amendment violation, and because we further believe that, in any event, Chiefs Dawson and Alcala could not be held liable for any violation, there is no action by a policy-maker that could impute liability to the City of East Chicago pursuant to Monell v. Department of Social Services, 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).

Section 1983 claims against a city may be reinstated when the constitutional claims against its officer are reinstated, with municipal customs, practices, or policies potentially supporting liability.

Hamre v. City of Bothell · filed 2003-11-18

Similarly, Hamre’s section 1983 claims against the City should be reinstated to the same extent as his section 1983 claims against White. To the extent that the district court denied Hamre’s Rule 56(f) motion to continue discovery against the City based solely on its erroneous dismissal of Ham-re’s constitutional claims against White, the court should allow Hamre to continue discovery to uncover potential evidence of the City’s customs, practices, or policies that might trigger section 1983 liability.

A municipality is not liable under § 1983 when its officers are not liable on the underlying substantive claim.

Estate Darlene Allen v. City of Rockford · filed 2003-11-20

In any event, the fact that Taylor and Scott are not liable on the underlying substantive claim provides an obvious basis for not holding the City liable.

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

ESTATE OF · filed 2003-11-20

In any event, the fact that Taylor and Scott are not liable on the underlying substantive claim provides an obvious basis for not holding the City liable.

A Section 1983 claim against a city requires evidence of a city policy violating constitutional rights.

Brown v. City of Phoenix · filed 2003-11-20

The district court properly granted summary judgment on Mr. Brown’s section 1983 claim against the City of Phoenix because he failed to establish a genuine issue of material fact as to whether the city had a policy of violating the constitutional rights of Brown and other city employees.

Municipal liability under § 1983 requires an underlying constitutional violation; without one, a city policy cannot cause a compensable injury.

Dehertoghe v. City of Hemet · filed 2003-12-02

As no constitutional violation occurred, there can be no injury on account of any city policy to treat police officers as victims, or to investigate instances of police violence inadequately.

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

King v. City of Eastpointe · filed 2003-12-04

As set out above, the policy of the municipality must be the “moving force” behind the alleged constitutional violation.

A municipality cannot be held liable under § 1983 based on a municipal employee’s decision when that decision is subject to review and no other basis for municipal liability is established.

Brennan v. Norton · filed 2003-12-05

However, if a municipal employee's decision is subject to review, even discretionary review, it is not final and that employee is therefore not a policymaker for purposes of imposing municipal liability under § 1983. ... Accordingly, the Township cannot be liable under § 1983 as a matter of law, and the district court therefore erred in denying the Township's motion for judgment as a matter of law.

Section 1983 does not impose municipal liability for ratification based solely on a single failure to discipline an officer after a shooting.

Haugen v. Rochelle Brosseau Puyallup Police Department the City of Puyallup · filed 2003-12-05

Although some municipal pronouncements ratifying a subordinate’s action could be tantamount to the announcement or confirmation of a policy for purposes of Monell, here there are no facts in the record that suggest that the single failure to discipline Haugen rises to the level of such a ratification.

Section 1983 requires a constitutional violation to be caused by a city policy, practice, custom, or official policymaker before the city can be held liable.

Karam v. City of Burbank · filed 2003-12-08

There is no evidence that Karam's prosecution was due to any city policy, practice or custom or was instigated at the behest of any official policymaker.

Section 1983 does not permit municipal liability based on a single incident of misconduct without evidence of an unconstitutional municipal policy.

Fabiano v. Hopkins · filed 2003-12-09

Absent evidence of an unconstitutional municipal policy, a single incident of misconduct cannot provide the basis for municipal liability under § 1983.

Section 1983 requires a plaintiff seeking to hold a city liable to show that the city’s policy, custom, or failure to train caused the injury; the city cannot be held vicariously liable for its officers’ conduct.

Herman v. CITY OF SHANNON, MS. · filed 2003-12-16

It is apparent that plaintiff seeks to hold the City vicariously liable for its officers’ alleged misconduct, but such is clearly improper under § 1983. Plaintiff must, rather, establish that the City's own actions, either through its policy, custom or failure to train, proximately caused her injuries, and plaintiff has failed to meet this heavy burden.

Section 1983 requires a plaintiff seeking municipal liability to show a constitutional deprivation caused by a municipal policy.

Kammeyer v. City of Sharonville · filed 2003-12-16

To prevail on a claim of municipality liability under Section 1983, Plaintiffs must establish 1) that they were deprived of a constitutional right, 2) that the municipality had a “policy,” and 3) that the policy was the moving force behind the constitutional violation.

Section 1983 requires a plaintiff seeking to hold a city liable to identify a municipal policy, custom or procedure that caused the alleged constitutional violation.

McKinney v. Chidley · filed 2003-12-16

Summary judgment on McKinney’s claim against the City of Hawthorne was proper because McKinney failed to identify a municipal policy, custom or procedure, that caused any alleged constitutional violation.

A municipality cannot be liable under § 1983 for excessive force when there is no underlying constitutional violation.

Brown v. City of McComb Mississippi Police Department · filed 2003-12-17

Were we to assume that the exclusion of the evidence was erroneous, there could nonetheless be no municipal liability because the jury found no underlying excessive-force constitutional violation.

Section 1983 requires a plaintiff seeking to hold a city liable to allege that a custom or policy caused the deprivation of a right.

Wyllie v. District Attorney · filed 2003-12-22

Finally, regarding the ninth cause of action pursuant to 42 USC § 1983, based on a deprivation of her Fifth Amendment liberty interest, the plaintiffs failed to allege that a custom or policy deprived her of her right.

A single inadequately investigated incident does not establish a municipal policy of deliberate indifference for § 1983 liability.

Byrd v. District of Columbia · filed 2003-12-29

While' the District appears not to dispute plaintiffs claim that the incident at issue here was not properly investigated, that does not resolve the matter. For, even assuming the truth of plaintiffs claim, which one must do at this stage, that is not sufficient under the law for purposes of imposing liability on a municipality, since a single incident is clearly insufficient to establish the existence of a policy amounting to “deliberate indifference.”

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

Wood v. Hancock County Sheriff's Department · filed 2003-12-31

As first set forth by the Supreme Court in Monell, a governmental entity may not be held liable under 42 U.S.C. § 1983 for constitutional violations committed by its employees unless the plaintiff's injury results from either an officially sanctioned policy or from a custom or practice that is "so well-settled and widespread that the policymaking officials . . . can be said to have either actual or constructive knowledge of it yet did nothing to end the practice," Bordanaro v. McLeod, 871 F.2d 1151, 1156 (lst Cir. 1989).

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

Warren v. District of Columbia · filed 2004-01-02

In order to state a claim against a municipality, the plaintiff therefore must allege not only a violation of his rights under the Constitution or federal law, but also that the municipality’s custom or policy caused the violation.

Section 1983 does not make a municipality liable solely for its employees’ actions; the plaintiff must link the alleged deprivation to a municipal policy or custom.

Anderson v. County of Nassau · filed 2004-01-06

However, under Section 1983, a municipality cannot be held liable solely on a theory of respondeat superior. ... The plaintiff must demonstrate a “direct causal link between a municipal policy or custom, and the alleged constitutional deprivation.”

Section 1983 claims against a municipality or its employees in their official capacities require an alleged municipal policy or custom that caused the injury.

Santos v. COUNTY OF LOS ANGELES DEPT. OF CHILDREN · filed 2004-01-06

Yet, plaintiff has not identified any municipal policy or custom that defendants allegedly followed in causing her injury; therefore, plaintiff's claims against defendant County and defendant social workers in their official capacities must be dismissed.