42 U.S.C. § 1983

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

Santos v. County of Los Angeles Department of Children & Family Services · filed 2004-01-06

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

Section 1983 permits a municipal liability claim to proceed when the plaintiff adequately pleads an official policy and a causal link between that policy and the alleged constitutional injury.

Dickerson v. City of Denton · filed 2004-01-07

Because the acts allegedly committed by the City’s officials and police officers are persistent and widespread, the court finds that Dickerson has sufficiently alleged an official policy on the part of the City. Dickerson claims that the City’s police officers acted at the Mayor’s direction and insistence. Consequently, the court concludes that Dickerson has pleaded a causal link between the City’s policy and the injuries he allegedly suffered. Because Dickerson has adequately pleaded municipal liability under section 1983, the City’s motion to dismiss regarding section 1983 is DENIED.

Section 1983 requires an official custom or policy as a prerequisite to county liability.

Wu v. Salt Lake County Commission · filed 2004-01-08

In fact, Wu never alleged such a custom or policy in his complaint, a prerequisite to a finding of the County’s liability under § 1983.

Section 1983 permits municipal liability when an official policy or custom causes a constitutional injury, but a municipality is not liable merely because it employs the person responsible.

Jones v. City of Wilmington · filed 2004-01-08

Thus, as the City of Wilmington has not adopted a policy to discriminate or retaliate against black police officers, and Chief Boykin and Cpt. Jubb are not final policy makers, Plaintiff has not established a basis for municipal liability under § 1983 and Defendants’ motion for summary judgment with respect to the City of Wilmington will be granted.

A municipality is liable under § 1983 only when its deliberate conduct is the moving force behind the alleged constitutional injury.

Stanley v. Kirkpatrick · filed 2004-01-12

Further, respondent has not demonstrated that the City, through deliberate conduct, was the “moving force” behind Kirkpatrick’s alleged seizure of the dogs and the shelter’s alleged wrongful destruction of the dogs.

Section 1983 requires a plaintiff suing a county to allege that its policy, custom, or a final policymaker’s decision caused the deprivation of rights; the county is not liable solely because it employed the person responsible.

Oakwood Acceptance Corp., LLC v. Massengill · filed 2004-01-20

The complaint contains no allegation that Oakwood’s injury was due to Johnston County policy, custom, or usage or that it resulted from a decision by a person with final policymaking authority for the County. A review of the allegations reveals only a claim based on respondeat superior. The trial court therefore properly dismissed Oakwood’s claims under § 1983.

A city is not liable under § 1983 for an employee’s due process violation without an official policy that caused it.

Levy v. City of Santa Monica · filed 2004-01-20

Nor did they show that the City had an official policy that deprived homeowners of due process notice. Even if Gruett and McCormick did not provide them proper notice of appeal rights, that by itself is insufficient to impose liability on the City.

Section 1983 municipal liability cannot rest on negligence or respondeat superior.

Memphis, Tennessee Area Local, American Postal Workers Union, Afl-Cio v. City of Memphis · filed 2004-01-21

Neither negligence, see Daniels v. Williams, 474 U.S. 327, 330, 106 S.Ct. 662 (1986), nor the doctrine of respondeat superior, see Monell v. Department of Social Services of City of New York, 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), can provide the basis for § 1983 municipal liability.

Section 1983 requires a plaintiff seeking to hold a city liable for its officers’ unconstitutional acts to identify a city policy or custom that caused the violation.

Manuel v. City of Columbus · filed 2004-01-21

Manuel failed in the summary judgment stage to specify any City policy or custom causing the constitutional violation as required to hold the City accountable for the unconstitutional acts of its police officers.

Section 1983 does not impose respondeat superior liability on a school board for personnel decisions left to a superintendent’s discretion.

Love-Lane v. Martin · filed 2004-01-22

Thus, the Board cannot be held liable for personnel decisions over which it did not retain final review authority; that is, it is not liable for decisions committed to Martin’s discretion because there is no respondeat superior liability under § 1983.

Section 1983 permits municipal liability for a constitutional violation when the municipality’s policy or custom caused it.

Love-Lane v. Martin · filed 2004-01-22

To hold a municipality (a local government entity) liable for a constitutional violation under § 1983, the plaintiff must show that the execution of a policy or custom of the municipality caused the violation.

A municipality may be liable under § 1983 for a single unconstitutional act by an official with final authority to set municipal policy for that action.

Johnson et al. v. Collins et al. · filed 2004-01-23

In certain circumstances, a municipality may be subject to liability for a single unconstitutional act by a municipal policymaker. ... Collins has admitted that he is a municipal policymaker with respect to all law enforcement issues, including decisions to apply for and execute search warrants, and it does not appear that Newmarket can credibly dispute this point. Thus, it is not entitled to summary judgment with respect to plaintiffs’ claim challenging the seizure of Johnson’s computers because I have determined that the seizure was unlawful.

Section 1983 does not impose municipal liability for decisions made by employees who lack final policymaking authority.

Chortek, Steven v. City of Milwaukee · filed 2004-01-23

The discretionary decisions of an employee without policymaking authority are insufficient to establish § 1983 liability.

A municipality cannot be held liable under § 1983 based on a discretionary decision by an employee who lacks policymaking authority.

Steven Chortek, Greg Heitz, Jerry Mason v. City of Milwaukee, Arthur L. Jones and City of Milwaukee Police Department · filed 2004-01-23

The discretionary decisions of an employee without policymaking authority are insufficient to establish § 1983 liability.

Section 1983 permits a claim against a municipal agency when an employee’s alleged constitutional violation resulted from a government custom, policy, pattern, or practice.

Dean v. New York City Transit Authority · filed 2004-01-26

A § 1983 claim against a municipal agency such as the Transit Authority is cognizable where the alleged constitutional violation by TA employees resulted from either a government custom, policy, pattern or practice.

Section 1983 municipal liability requires a complaint to identify an unconstitutional official policy or custom that caused the claimed constitutional deprivation.

Beavers v. Brown · filed 2004-01-28

Beavers’ complaint failed to identify either an unconstitutional official policy or a custom instituted by Parker County and/or Sheriff Brown that caused the claimed constitutional deprivation.

Section 1983 municipal liability requires nonconclusory allegations connecting the defendant’s conduct to the claimed constitutional deprivation.

Beavers v. Brown · filed 2004-01-28

Moreover, her allegations of a causal connection between Sheriff Brown’s conduct and the claimed constitutional deprivation were purely conclusional and were therefore insufficient to state a § 1983 claim for municipal liability.

Section 1983 does not make a municipality liable solely because it employs the person who caused the alleged violation.

Lawrence v. Kenosha County · filed 2004-02-02

A municipality cannot be held liable under 42 U.S.C. § 1983 solely on the grounds of respondeat superior.

Section 1983 permits a claim against a city when a person with final policymaking authority caused the alleged constitutional injury.

Beard v. City of Chicago · filed 2004-02-02

Ms. Beard does not allege an express policy on the part of the City. However, her allegations are sufficient under the third McConnick factor to withstand a motion to dismiss.

A jury’s finding about whether an official municipal policy or custom exists under § 1983 stands when reasonable people could differ on the evidence.

Tomblin v. Trevino · filed 2004-02-02

We have reviewed the record and the briefs submitted by the parties and hold that reasonable persons could have reached different conclusions regarding the existence of an official City policy or custom mandating the disclosure of a person’s SSN.

A municipal board may be liable under § 1983 when it knows of and ratifies its officials’ discriminatory conduct.

Grey v. City of Norwalk Board of Education · filed 2004-02-04

The Board failed to act to remedy the discrimination, and eventually ratified what Grey claims was her constructive discharge. These facts, if proven to the jury, áre a sufficient basis to find the Board liable for Herbert’s and Riccio’s conduct under § 1983.

Section 1983 permits municipal liability only when a city policy causes a constitutional injury; an employee’s individual lapse is insufficient.

Shelton v. City of Taylor · filed 2004-02-05

The City of Taylor and Police Chief Bonner can only be liable if the established policy they were following was itself unconstitutional.

A § 1983 claim against a municipality requires allegations that an unconstitutional act is attributable to a municipal custom, policy, or practice.

Coyle v. Coyle · filed 2004-02-09

A municipal body may not be held liable under § 1983 for the unconstitutional acts of its employees absent allegations that such acts are attributable to a municipal custom, policy or practice.

Section 1983 municipal liability requires a plaintiff to identify a municipal policy, connect it to the municipality, and show that execution of the policy caused the injury.

Carolyn Graham, as Personal Representative of the Estate of Terance Anthony Graham v. County of Washtenaw · filed 2004-02-10

A plaintiff asserting a section 1983 claim on the basis of a municipal custom or policy must “identify the policy, connect the policy to the [County] itself and show that the particular injury was incurred because of the execution of that policy.”

Section 1983 requires a plaintiff seeking relief from a municipality to show a deprivation of federal rights that occurred pursuant to a municipal custom, usage, or official policy.

Moniz v. Hines · filed 2004-02-10

To state a claim against a municipality under § 1983 for monetary, declaratory, or injunctive relief, a plaintiff must show: 1) a deprivation of his constitutional or federal rights: 2) that occurred pursuant to a custom, usage, or official policy of the municipality.

Section 1983 permits liability against a local government only when its policy or custom causes unconstitutional conduct.

Cawood v. Haggard · filed 2004-02-11

Liability under § 1983 may be imposed against a local governmental entity only where a “custom” or “policy” attributable to the governmental entity led to the defendants’ unconstitutional conduct.

Section 1983 requires a plaintiff seeking to hold a municipality liable to identify a municipal policy or custom that caused the constitutional injury.

Young v. City of Providence · filed 2004-02-11

In addition to proving that he has suffered a violation of a constitutional right, a plaintiff seeking to hold a municipality liable under § 1983 must identify a municipal policy or custom that caused plaintiffs injury.

Section 1983 municipal liability turns on whether the county makes policy for the challenged activity; state law determines the county’s role.

LAURIE Q. v. Contra Costa County · filed 2004-02-17

By consequence, the first task addressed to this court is to decide whether the County can function as its own policymaker in the arenas in which plaintiffs have alleged it has failed to abide by applicable law, or whether it operates simply as an agent of the state. ... Plaintiffs’ claims thus arise not from the state’s conduct in setting basic benefit rates, but from the County’s conduct in administering the foster care program and determining the correct level of SCI funding it should be providing to foster children.

Section 1983 requires an underlying constitutional violation for a claim against a police officer’s municipal employer based on an unconstitutional policy or failure to train.

McCarthy v. Milford, et al. · filed 2004-02-18

Absent an underlying constitutional violation, a plaintiff has no § 1983 claim against a police officer’s municipal employer based upon an allegedly unconstitutional municipal custom or policy, or based upon an alleged failure to adequately train.

Section 1983 does not impose municipal liability for policies, training, or supervision when the officers committed no constitutional violation.

Couden v. Duffey · filed 2004-02-18

Because the Officers did not commit any constitutional violations, it follows that the municipalities are not liable for policies or training or supervising that led to non-existent violations. Accordingly, New Castle County and the NCCPD are not liable to Plaintiff under section 1983 and their Motions will be granted.

Section 1983 does not impose liability on a municipality or supervisor for deliberate indifference when the individuals who dealt with the detainee were not deliberately indifferent.

House v. County of MacOmb · filed 2004-02-18

This conclusion vitiates Plaintiffs’ § 1983 claims against the remaining Defendants. Given the absence of deliberate indifference on the part of the individuals who came into contact with Mrs. House, it cannot be said that some policy, procedure, or practice (or lack thereof) caused these individuals to act with deliberate indifference, nor can it be said that supervisors condoned, encouraged, or knowingly acquiesced in the deliberate indifference.

Section 1983 does not permit a claim against a municipality based on state-created vicarious liability.

Moor v. Frank I. Madigan, William Donovan Rundle, Jr., a Minor, by William D. Rundle, His Guardian Ad Litem v. Frank I. Madigan · filed 1972-05-30

Were appellants allowed to enforce the state-created municipal liability in the district court under section 1988, they would achieve a result which could not be reached through section 1983, under Monroe and Brown.

Section 1983 holds a municipality liable only when its custom, policy, or practice causes the constitutional deprivation.

Galazo v. City of Waterbury · filed 2004-02-20

Thus, in order to prevail against a municipality, a plaintiff cannot simply rest on the actions of the municipality’s employees. Instead, a plaintiff must show that any constitutional deprivation suffered by him was the result of a custom, policy, or practice of such conduct within the municipality.

Section 1983 permits a suit against a city only when an official policy or custom is directly linked to the alleged constitutional violation.

Quiles v. Kilson · filed 2004-02-23

Cities may be subject to suit under § 1983 only when there is a “direct causal link” between an official policy or custom of the city and an alleged constitutional violation.

Section 1983 permits local government liability only when its policy or custom causes the plaintiff’s injury.

Bunyon v. Burke County · filed 2004-02-24

A local government may only be liable under § 1983 when execution of its policy or custom inflicts injury on the plaintiff.

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

Flowers v. Fiore · filed 2004-02-25

Since there was no unconstitutional conduct on the part of the defendant officers, the Town cannot be found liable.

Section 1983 requires evidence of an unconstitutional policy, practice, or custom to hold a county or sheriff’s department liable.

Ridgeway v. O'Bryan · filed 2004-02-25

The district court properly granted summary judgment in favor of the County of Los Angeles (“County”) and the Los Angeles County Sheriffs Department (“Department”) because Ridgeway did not offer evidence of an unconstitutional policy, practice or custom of the County or Department.

A municipal policy or custom may support § 1983 liability if it was a moving force behind a constitutional injury, even when the plaintiff warned other officials of the danger.

Ashford v. District of Columbia · filed 2004-02-26

Notwithstanding Mr. Ashford’s own warning to federal authorities, a reasonable jury might find that the District’s alleged policy or custom, if proven, was a “moving force” behind Mr. Ashford’s alleged injuries.

Section 1983 requires a plaintiff seeking municipal liability to show that a person with final policymaking authority did or approved the challenged acts.

Gilmore v. Amityville Union Free School District · filed 2004-03-02

In the present case, the amended complaint once again fails to state a claim under 1983 against the District because the plaintiffs simply can not show that the defendants actions were done or approved by a person with “final policymaking authority.”

A municipality is liable under § 1983 only if the challenged conduct was carried out pursuant to an official municipal policy or custom.

United Food & Commercial Workers Local 1099 v. City of Sidney · filed 2004-03-02

Additionally, in order to hold the City liable under § 1983, appellants must be able to prove that the deputy acted pursuant to an official municipal policy or custom.

Section 1983 treats an official-capacity claim against a county officer as a claim against the county, which may be liable when an official policy or custom caused the deprivation of a constitutional right.

Stringer v. Alben · filed 2004-03-03

An official claim against Alben is a claim against the county because a county or municipality may be liable under § 1983 if an official policy or custom caused the deprivation of a constitutional right.

Section 1983 does not make a city liable for an officer’s conduct solely because it employs the officer.

Vintilla v. City of Rocky River · filed 2004-03-03

Even if Bird did violate Vintilla’s constitutional rights, the City cannot be held responsible for his conduct under § 1983 simply because the City employed Bird.

A municipality is liable under § 1983 only when a constitutional deprivation results from a municipal policy, practice, or custom rather than an isolated employee act.

Brown v. City of New York · filed 2004-03-04

Brown’s complaint asserts a claim pursuant to U.S.C. § 1983 against the City of New York. To prevail upon such a claim, Brown must demonstrate that the harm he alleges as a deprivation of a constitutional right resulted from a specific municipal policy, practice or custom, and not an isolated instance of unlawful conduct by local public employees.

Section 1983 requires a causal connection between a county policy and the alleged harm to establish official-capacity liability.

Carmichael v. Richards · filed 2004-03-08

In short, because Carmichael has not established a causal connection between the county’s alleged policy and harm to inmates, his official capacity claim fails.

Section 1983 permits suits against cities but does not impose municipal liability solely because a city employs the person who violated a right.

Brown v. Mitchell · filed 2004-03-09

However, even though cities are “person[s]” amenable to suit under Section 1983, municipal liability may not be predicated upon a theory of vicarious liability or respondeat superior.

A city can be liable under § 1983 for an unconstitutional policy or custom, but a damages claim generally requires an employee to have violated constitutional rights.

Green v. City of Philadelphia · filed 2004-03-10

Under Monell v. New York City Dept. of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), a city can be liable for an unconstitutional policy or custom carried out by its employees. However, a claim for damages under this theory generally cannot lie unless an individual employee is found to have violated constitutional rights.

Section 1983 permits municipal liability for a policymaker’s single instance of deliberate indifference to subordinates’ unconstitutional conduct.

Amnesty America v. Town of West Hartford · filed 2004-03-15

Moreover, as discussed above, a single instance of deliberate indifference on the part of a policymaker is sufficient to provide a basis for municipal liability; there is no need, as the district court apparently assumed, to establish that policymaking officials maintained a consistent “policy” of deliberate indifference.

Section 1983 permits a municipality to be held liable for a termination ordered by an official with final policymaking authority over hiring and firing.

Hanania v. Loren-Maltese · filed 2004-03-16

This is a clear delegation to the town' president to set policy regarding hiring and firing. Loren-Maltese had final policymaking authority, therefore, Cicero can be held liable for Hanania’s termination.

A municipality is liable under § 1983 only if a policy, practice, or custom attributable to it directly causes a constitutional injury.

Gatlin v. Sergeant Green · filed 2004-03-16

Municipal liability under section 1983 is premised on the existence of two prerequisites: (1) a policy, practice, or custom must be attributable to the City through actual or constructive knowledge; and (2) the policy, practice, or custom must directly cause constitutional injury.

Section 1983 municipal-liability rules require reconsideration of a back-pay award entered before Monell clarified when a city may be sued.

Thurston v. Dekle · filed 1978-08-28

Because the district court did not have the benefit of Monell when it acted, we vacate its award of back pay to class members and remand this issue for further consideration in light of Monell.

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

Montanye v. Wissahickon School District · filed 2004-03-17

To establish § 1983 liability against a municipal body under Monell, the plaintiff must show: (1) the enforcement of a municipal policy that was (2) the “moving force” of the violation of plaintiffs federally protected rights.

Section 1983 requires a plaintiff seeking recovery from a municipality to prove that its policy or custom caused a violation of federal rights.

Schoenbach v. District of Columbia · filed 2004-03-25

In any case, recovery under § 1983 requires proof that a municipality's policy or custom led it to violate the federal rights.

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

Burkhart v. Knepper · filed 2004-03-25

However, the alleged facts accepted as true by this Court do not reveal a causal connection as required by the Brown precedent between the policy and the killing of Fyock on the evening of June 10, 2002.

Section 1983 municipal liability requires evidence of a county policy showing deliberate indifference to constitutional rights; conclusory allegations alone do not create a genuine issue of material fact.

Hallman v. Lee County MS · filed 2004-03-25

Because there was no genuine issue of material fact, only the conclusional allegations, that the County had in place any official or non-official policy evidencing objective deliberate ... indifference to the constitutional rights of criminal suspects or pre-trial detainees, the district court did not err in granting the County’s motion for summary judgment.

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

Gaddis v. Redford Township · filed 2004-03-26

Because there was no underlying constitutional violation by the officers, the municipal defendants cannot be held liable to Gaddis.

Section 1983 permits liability against a municipality or local governmental entity when an official policy or tolerated custom causes a constitutional deprivation.

Soles v. Ingham County · filed 2004-03-29

To impose § 1983 liability on a municipality or local governmental entity, plaintiff must show that an officially executed policy, or the toleration of a custom, resulted in a constitutional deprivation.

Section 1983 requires a plaintiff suing a county official in an official capacity to allege that a county policy or custom caused the constitutional deprivation.

Schroeder v. Kochanowski · filed 2004-03-31

Plaintiff makes no allegations whatsoever that a county policy or custom was the moving force behind the alleged constitutional deprivation. Plaintiffs complaint against Defendant Kochanowski in his official capacity is devoid of any such allegations, and must be dismissed.

Section 1983 municipal liability requires a constitutional injury caused by an official policy or custom.

Zaragoza v. City of San Antonio, Tex. · filed 1979-01-15

The Court on a thorough review of the instant Complaint which complains of acts of police brutality and injuries proximately resulting therefrom as the basis for recovery against the defendants herein cannot find it there alleged, nor is it reasonable to presume that such alleged injuries resulted from an “official policy” of the City of San Antonio.

Section 1983 permits a plaintiff to bring a constitutional claim against a municipality.

Turpin v. Mailet · filed 1979-01-16

We therefore conclude that under the very rationale of our prior opinion there is no place for a cause of action against a municipality directly under the 14th Amendment, because the plaintiff may proceed against the City of West Haven under § 1983.

Section 1983 permits suits against local government bodies for monetary, declaratory, or injunctive relief when an alleged constitutional injury implements an officially adopted policy or ordinance.

Fernandes v. Limmer · filed 1979-01-30

Also, the Supreme Court now permits local government bodies to be sued directly under § 1983 for monetary, declaratory or injunctive relief where the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation or decision officially adopted and promulgated by that body’s officers. ... This case falls squarely within the parameters set by ... the Supreme Court in Monell and jurisdiction would also be proper under that decision.

Section 1983 permits a suit against a city when the alleged unconstitutional action implements a city policy or custom.

Reiff v. City of Philadelphia · filed 1979-06-25

Since our earlier decision, the Supreme Court has ruled that a City is a “person” within the meaning of § 1983 and can be sued under that section when the unconstitutional action alleged implements or executes a City policy or custom. ... This action is therefore being considered as one brought under § 1983, particularly since the complaint alleges that the City pursued a policy of providing inadequate police protection by refusing to respond to calls based upon mere suspicion of a crime and failing to provide adequate protection in a high crime area.

Section 1983 does not categorically immunize local governments; their liability is assessed under the municipal policy or custom standards of Monell.

Local No. 1903 Of The International Union, United Automobile, Aerospace And Agricultural Implement Workers Of America, U · filed 1980-03-06

Under these circumstances, we vacate the judgment of the District Court previously referred to and remand for further consideration of this case under the standards quoted above of Monell v. New York City Department of Social Services, supra.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show culpable municipal conduct and a direct causal link to the deprivation of federal rights.

Barnes v. Meijer Dept. Store, Unpublished Decision (4-5-2004) · filed 2004-04-05

Appellant has failed to demonstrate that, through its "deliberate" conduct, Fairfield was the "moving force" behind her injury as required by the United States Supreme Court. Appellant has also failed to demonstrate that the municipal action was taken with the requisite degree of culpability; nor has appellant shown a direct causal link between the municipal action and the deprivation of appellant's rights.

Section 1983 permits county liability for official policies and established customs, but not solely through respondeat superior.

Tardiff v. Knox County · filed 2004-04-09

Though not liable under a respondeat superior theory, Bd. of the County Comm'rs v. Brown, 520 U.S. 397, 403 (1997), counties and like entities may be liable under section 1983 not only for their formal official acts and policies, but also, under some circumstances, for practices "so permanent and well settled” as to constitute established custom.

Section 1983 permits municipal liability only when an official policy or custom causes the injury; a municipality is not liable solely for an employee’s acts.

Harbulak v. County of Suffolk · filed 1981-07-15

The Supreme Court case permitting section 1983 suits against municipalities held that there is no respondeat superior liability on the part of the municipality. ... In this case there was no claim in Harbulak’s 9(g) statement opposing summary judgment, much less an allegation in his complaint, that the officer’s allegedly unconstitutional acts were part of an official policy or a custom of the County of Suffolk. Thus there simply was no liability on the part of the defendant County of Suffolk.

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

Lewis v. Gallivan · filed 2004-04-15

Here, plaintiff does not contend that any of the alleged constitutional deprivations were caused by or occurred pursuant to an official custom or policy of Erie County Municipal Corporation, and thus plaintiff has failed to state a § 1983 claim against this defendant.

Section 1983 does not permit municipal liability based on an officer’s actions when the officer inflicted no constitutional harm.

Tilson v. City of Elkhart · filed 2004-04-23

And because Tilson did not suffer a constitutional injury, Elkhart cannot be liable for any physical injuries Tilson suffered because of Elkhart’s K-9 policy, see City of Los Angeles v. Heller, 475 U.S. 796, 799, 106 S.Ct. 1571, 89 L.Ed.2d 806 (1986) (damages cannot be awarded against a municipal corporation “based on the actions of its officers when [the court concludes] that the officer inflicted no constitutional harm”).

Section 1983 does not permit municipal liability unless a municipal employee is also held liable.

Prose v. Wendover · filed 2004-04-27

A municipality cannot be held liable under 42 U.S.C. § 1983 unless one of its employees is also held liable.

Section 1983 requires a direct causal link between a municipal policy and the deprivation of federal rights; a municipality cannot be held liable solely for another person’s acts.

Victoria W. v. Larpenter · filed 2004-04-30

Causation analysis for municipal liability must accommodate the insistent rule that the local government unit be the actor; it must not be held liable under respondeat superior.

A Section 1983 claim against a local government entity must allege that the rights violation resulted from an official policy, practice, or custom.

Burgess v. Alameda Housing Authority · filed 2004-05-03

She has failed to allege that the equal protection and due process violations resulted from an official policy, practice, or custom. Because the only defendant she has named is ACHA, a local government entity, these claims may not proceed in the absence of such an allegation.

Section 1983 does not permit a claim against a police department for negligent hiring, training, or supervision when its officers violated no constitutional right.

Mills v. Merrimack Police Dept. · filed 2004-05-05

Because the individual defendants did not violate Mills' constitutional rights, the police department cannot be held liable on any claim for negligent hiring, training, or supervision based on 42 U.S.C. § 1983.

Section 1983 permits municipal liability when a municipality ratifies employees’ unconstitutional conduct by failing meaningfully to investigate it.

Otero v. Wood · filed 2004-05-07

A municipality may, however, ratify its employees’ acts — thereby subjecting itself to § 1983 liability — by failing meaningfully to investigate those acts.

Section 1983 requires a county policy or custom that causes a constitutional violation before the county can be held liable for an employee's conduct.

Heartland Academy Community Church v. Waddle · filed 2004-05-11

Further, there is no evidence that Lewis County had a policy that amounted to "deliberate indifference" to Heartland's Fourth Amendment right and was the "moving force" behind the mass removal of students at Heartland on October 30, 2001. Therefore, the requirements for finding a county liable under § 1983 have not been met with regard to this claim.

Section 1983 does not impose municipal liability when the plaintiff suffered no constitutional deprivation.

Ross v. Duggan · filed 2004-05-19

Accordingly, as a matter of law, official “municipal liability” cannot be imposed against any defendant for any of the Amended Complaint’s alleged, but nonexistent, constitutional wrongs.

For a Section 1983 claim based on alleged constitutional violations, failure to show a constitutional violation defeats challenges to qualified immunity and claims of municipal liability.

Finger v. Garza · filed 2004-05-21

Finally, the plaintiffs argue that Garza was not entitled to qualified immunity and that the City was liable for Garza’s unconstitutional acts. These arguments fail because the plaintiffs have not shown the violation of a constitutional right.

Section 1983 municipal liability requires an underlying constitutional violation.

Jaques v. Town of Londonderry · filed 2002-12-23

Without an underlying constitutional violation ... a claim of municipal liability necessarily fails.

Section 1983 liability based on official policy or negligent training requires an underlying constitutional violation by the teacher.

Paul v. McGhee · filed 1983-12-06

In order to prevail against defendants, plaintiff must show a violation of plaintiffs constitutional rights by defendant McGhee which was sanctioned by defendants’ official policy or negligent training of defendant McGhee.

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

Solis v. City of Columbus · filed 2004-05-26

A municipality may be liable under § 1983 only if the municipality itself caused the constitutional deprivation.

Section 1983 does not impose municipal liability through respondeat superior; municipal liability requires a qualifying policy, custom, policymaker action or ratification, or another recognized basis.

Doggett v. Perez · filed 2004-05-28

A municipality or governmental entity cannot be found liable under 42 U.S.C. § 1983 on a respondeat superior theory.

Section 1983 permits municipal liability when a plaintiff proves a persistent unconstitutional pattern, deliberate indifference by policymakers, and injury caused by the municipal custom or policy.

Jonielunas v. City of Worcester Police Department · filed 2004-06-01

To establish liability for an unconstitutional municipal custom or policy under 42 U.S.C. § 1983, a plaintiff must prove: (1) that the governmental entity’s employees engaged in a continuing, widespread, persistent pattern of conduct in violation of the constitutional standard, (2) that the governmental entity’s policy-making officials, after having notice of the misconduct, remained deliberately indifferent to or tacitly authorized continuation of that misconduct, and (3) that the plaintiff was injured by continued misconduct within the persistent pattern, thus showing that the custom was a moving force behind the violation of the constitutional standard.

Section 1983 permits a city to be held liable for actions of a mayor who has final policymaking authority in the relevant municipal area.

Patterson v. City of Utica · filed 2004-06-02

As an initial matter, since the City concedes that its mayor is a high-ranking official with final policymak-ing authority in the municipal employment area at issue in this case, the City can, pursuant to § 1983, be held liable for the actions of its mayor.

Section 1983 allows a municipality to be held liable for a rights violation only when an official policy or custom causes it.

Lopez-Rodriguez v. City of Levelland TX, et · filed 2004-06-03

A municipality may be held liable under 42 U.S.C. § 1983 only when an official policy or governmental custom causes the alleged deprivation or violation.

Section 1983 allows municipal liability for constitutional violations caused by an official policy or custom or by a final policymaker, but does not impose respondeat superior liability.

Stewart v. BOARD OF COM'RS FOR SHAWNEE COUNTY · filed 2004-06-04

The law is clear that a municipal defendant cannot be found liable under § 1983 based on a respondeat superior theory. The Court therefore finds as a matter of law that Opat and Bartels were not final policymakers. Consequently, the County is entitled to summary judgment on plaintiffs § 1983 claim.

Section 1983 does not impose respondeat superior liability on municipalities for constitutional violations by their employees.

Pasco Ex Rel. Pasco v. Springs · filed 2004-06-08

The plaintiffs’s argument that respondeat superior liability should apply to municipalities in 42 U.S.C. § 1983 actions is foreclosed by the Supreme Court’s decisions in Monell v. Dep’t. of Soc. Servs. of City of New York, 436 U.S. 658, 691 (1978), and Board of County Comm’rs of Bryan County, Okl. v. Brown, 520 U.S. 397, 403 (1997).

Section 1983 allows a municipality to be held liable when its police officers violate a person's constitutional rights.

Simmons v. City of Inkster · filed 2004-06-09

The Defendant City can only be held liable under § 1983 if Plaintiff can show that its police officers violated Shala’s constitutional rights.

Section 1983 makes a municipality liable when its custom, policy, or practice causes an injury, including through deliberately indifferent failure to train.

Rex v. City of Milwaukee · filed 2004-06-10

A municipality is liable under § 1983 if its custom, policy or practice causes a plaintiffs injury. ... However, the inadequacy of police training may serve as the basis for § 1983 liability only where it amounts to deliberate indifference to the rights of persons with whom the police come in contact. ... Only then can a failure to train be thought of as a city policy or custom that is actionable under § 1983.

A county is liable under Section 1983 when a constitutional violation results from its fixed policy.

Giles v. Richard (Dick) J. Ackerman, Sheriff of Bonneville County · filed 1984-11-02

As to the County, it is apparent from our holding that the violation of Giles’s constitutional rights was a result of a fixed policy of the County. The liability of the County has thus been established as a matter of law.

Section 1983 does not permit damages against a municipality based solely on respondeat superior.

Sterling v. Village of Maywood · filed 1978-07-07

Since under plaintiff’s allegations she could recover only under a theory of respondeat superior, we hold that she has failed, to state a cause of action for damages against the Village under 42 U.S.C. § 1983.

Section 1983 permits a school district to be held liable for the actions of its board of trustees, through which the district acts.

Stoddard v. School District No. 1 · filed 1979-01-05

We do not regard the present case as being one to hold the School District liable for Dayton's actions. Rather, it is basically an effort to hold the School District liable for the actions of its Board of Trustees. The only way the School District can act is by and through its Board of Trustees. The instant case is distinguishable from the Respondeat superior situation referred to in Monell.

A municipality may be liable under § 1983 only when a constitutional violation results from its official policy or custom.

Dodd v. City of Norwich · filed 1984-09-13

The plaintiff’s section 1983 claims against the City of Norwich must also fail because it would only be liable if Dodd’s constitutional rights were violated by Larson and that violation was a result of an official policy or custom.

Section 1983 does not make a city liable for officials’ tortious campaign against one person merely because they are city officials.

Bartholomew v. Fischl · filed 1984-11-20

However reprehensible it may be for City officials to have engaged in a personal vendetta, if they did, their status does not convert their tortious actions against one individual into an unconstitutional policy of the City for § 1983 purposes.

Section 1983 requires a plaintiff suing a municipality to plead some fact suggesting that a municipal policy caused the injury; the wrongdoer’s employment alone does not suffice.

Strauss v. City of Chicago, a Municipal Corporation, and Chicago Police Officer John Doe · filed 1985-04-17

The existence of a policy that caused a plaintiffs injury is an essential part of Section 1983 liability, so that some fact indicating the existence of some such policy must be pled. Without some evidence apart from the fact of employment, regardless how slight, that a policy causing plaintiffs injury might exist, the plaintiff simply cannot proceed in court against the municipality.

Section 1983 makes a local government liable when its official policy or custom causes a deprivation of constitutional rights.

Burkhart v. Randles · filed 1985-06-18

As the Supreme Court stated in Monell, a local government is liable under Section 1983 when execution of its official policy or custom is responsible for a deprivation of constitutional rights.

Section 1983 allows a local government to be liable when an official policy or custom causes a constitutional rights violation, even if no individual employee is found liable.

Garcia v. Salt Lake County · filed 1985-07-17

Monell does not require that a jury find an individual defendant liable before it can find a local governmental body liable. The language of § 1983 “plainly imposes liability on a government that, under color of some official policy, ‘causes’ an employee to violate another’s constitutional rights.”

Section 1983 does not make a municipality liable for an isolated act of misconduct by a non-policymaking employee when the municipality investigated and resolved an earlier complaint.

Jones v. City of Chicago, Gloria Padilla v. City of Chicago · filed 1986-04-04

Because of the intervening investigations and resolution of the Jones charge, the Padilla incident is tantamount to an isolated case of improper conduct of a non-policymaking employee which cannot render the City liable under Section 1983.

Section 1983 requires a plaintiff seeking to hold a municipality liable to plead and prove that an official policy, custom, or usage caused the deprivation of a constitutional right.

Plambeck v. Stone · filed 1986-05-07

It is well settled that, to hold a municipality liable under Section 1983, plaintiffs must plead and prove they suffered deprivation of a constitutionally protected right as a result of an official policy, custom or usage of the municipality.

Section 1983 permits municipal liability for a single act initiated by an official with authority to make policy on the matter.

Praprotnik v. City Of St. Louis · filed 1986-08-19

As Pembaur has made clear, an "isolated act" may give rise to municipal liability if the action is initiated by a person with authority to make policy on the matter.

Section 1983 does not impose municipal liability solely for an employee’s acts; the plaintiff must show an unconstitutional custom or policy that caused the injury.

Brown v. City of Clewiston · filed 1986-09-30

Accordingly, the plaintiff can not predicate § 1983 liability on a respondeat superior theory. Unless the plaintiff shows that an unconstitutional custom or policy existed and that he was injured as a result of that policy, the defendant must prevail as a matter of law.

Section 1983 permits a municipality to be liable when its policy or implementation causes a deprivation of property.

Sullivan v. Town of Salem · filed 1986-11-10

Under Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), the town itself could be liable if its policy or the implementation thereof caused the denial of the certificates of occupancy and the deprivation of property.

Section 1983 requires a municipality to have a policy or custom causing the deprivation and requires specific facts showing each municipal official's direct involvement.

Scott v. Willis · filed 1987-03-18

Furthermore, to sustain a claim against a municipality under 42 U.S.C. § 1983, a plaintiff must allege a policy or custom of the municipality which leads to the alleged depreviation. See Rizzo v. Goode, 423 U.S. 362 (1976). No such policy or custom has been alleged by plaintiffs. Lastly, for municipal officials to be held responsible under section 1983, the complaint must allege specific facts to establish direct involvement in the alleged wrongdoing on the part of each defendant.

Section 1983 permits suits against local governments for constitutional deprivations carried out pursuant to governmental custom and permits punitive damages for sufficiently egregious misconduct.

Pedro Garza and Constance Garza, Husband and Wife, Appellees v. City of Omaha · filed 1987-03-25

A municipality cannot be held liable under Sec. 1983 solely because it employs a tortfeasor; however, local governments like every other Sec. 1983 "person," may be sued for constitutional deprivations visited pursuant to governmental "custom." It is not necessary that such a custom receive formal approval through official decision-making channels. ... In a Sec. 1983 action, punitive damages may be awarded where the defendant exhibits oppression, malice, gross negligence, willful or wanton misconduct, or reckless disregard for the civil rights of the plaintiff.

Section 1983 lets a municipality be sued for constitutional deprivations carried out pursuant to its governmental custom, but not solely because it employs the wrongdoer.

Garza v. City of Omaha · filed 1987-03-25

A municipality cannot be held liable under § 1983 solely because it employs a tortfeasor; however, local governments like every other § 1983 “person,” may be sued for constitutional deprivations visited pursuant to governmental “custom.”

Section 1983 permits municipal liability for an unconstitutional policy the municipality officially adopts, even when state law mandates that policy.

Davis v. City of Camden · filed 1987-04-06

Although, somewhat suprisingly, there is little authority on the issue before us, we believe that a municipality should be held liable under § 1983 when it officially adopts a policy that subsequently is declared unconstitutional, notwithstanding the fact that the policy was mandated by state law, and we so hold.

Section 1983 permits a municipality to be held liable when its custom or policy is the moving force behind a constitutional violation.

Brooks v. D.R. Scheib, City of Atlanta · filed 1987-04-06

We hold that by so doing the plaintiff failed to show that a City “custom or policy” was “the moving force” of the constitutional injury as required under section 1983 or that Officer Scheib had a violent propensity amounting to a “continuous condition” as required by nuisance law.

Section 1983 permits municipal liability for a municipality's own illegal acts but does not impose vicarious liability for employees' acts.

Turk v. McCarthy · filed 1987-06-10

§ 1983 can be the basis for imposing liability upon a municipality for its own illegal acts, but cannot be used as a means of incorporating doctrines of vicarious liability into federal law.

Section 1983 makes a municipality liable when a deficient policy causes a constitutional violation.

Spell v. McDaniel · filed 1987-07-24

To the extent such an official municipal policy has deficiencies resulting from municipal fault that then cause specific constitutional violations by deficiently trained police officers, the municipality is liable under 42 U.S.C. Sec. 1983.

Section 1983 requires a plaintiff seeking municipal liability to allege that the municipality's policy, custom or rule deprived her of a constitutional right.

Foy v. Jennings · filed 1987-09-22

With respect to the municipal defendants, plaintiff failed to allege that the municipalities promulgated a policy, custom or rule that deprived her of some constitutional right.

Section 1983 permits municipal liability when a decision by authorized city lawmakers constitutes official policy and causes a constitutional injury.

Bateson v. Geisse · filed 1988-09-20

Accordingly we find that the city council's decision to arbitrarily withhold Bateson's building permit "may fairly be said to represent official policy," Pembaur, 475 U.S. at 480, 106 S.Ct. at 1298, and acted as the "moving force" behind Bateson's constitutional injury. Consequently, the City of Billings, as well as the individual city council members, are liable for Bateson's constitutional injury.

Section 1983 does not make a county liable for a deputy’s misconduct without an allegation that the county condoned, encouraged, or participated in it.

Girard v. Timothy Raha County of Ottawa · filed 1989-04-17

In addition, Girard did not allege that the county condoned, encouraged, or participated in the alleged misconduct. Thus, the county cannot be held liable even if a claim had been stated.

Section 1983 permits county liability for jail officials’ acts only when the challenged action implements an officially adopted policy or decision.

Redman v. County of San Diego Capt. Richard Beall Lt. Robert Witcraft Sgt. Dan Canfield Deputy Gene Turner, and · filed 1990-02-13

The County may not be held liable for acts of jail officials unless “the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers.” Monell v. New York City Dep’t of Social Services, 436 U.S. 658, 690, 98 S.Ct. 2018, 2035, 56 L.Ed.2d 611 (1978). There is no evidence in the record that SBDF personnel were acting pursuant to an official policy when they placed Redman in Clark’s cell, or when they responded as they did to the warning phone call.

Section 1983 permits municipal liability only when an official policy, usage, or custom causes a constitutional injury; a municipality is not liable solely for its employees’ acts.

Weller v. Department Of Social Services For The City Of Baltimore · filed 1990-04-24

However, municipal entities are liable under Sec. 1983 only if "action pursuant to official municipal policy of some nature caused a constitutional tort." Monell v. New York Dep't of Social Servs., 436 U.S. 658, 691, 98 S.Ct. 2018, 2036, 56 L.Ed.2d 611 (1978). A municipality may not be sued under Sec. 1983 on a respondeat superior theory. Id. In this case, the complaint is replete with allegations that BCDSS's actions were undertaken in clear violation of official policy but there are no allegations that the acts were pursuant to usage, custom, or official municipal policy. Therefore, no claim is stated against BCDSS under 42 U.S.C. Sec. 1983.

Section 1983 makes a public entity liable only when a policy or custom causes the constitutional violation.

Sanchez v. City of Santa Ana · filed 1991-05-24

Public entities are liable under section 1983 only when the constitutional violation occurs as a result of a policy or custom.

Section 1983 municipal custom liability requires a persistent, widespread pattern of misconduct; five complaints over sixteen years in a school system with more than 4,000 employees did not establish one.

Thelma v. Board of Education of City of St. Louis · filed 1991-05-29

However, under the present circumstances, in a school system with over 4,000 employees, the five complaints scattered over sixteen years cannot, as a matter of law, be said to comprise a persistent and widespread pattern of unconstitutional misconduct.

Section 1983 permits municipal liability when a policymaker’s failure to address an obvious risk of unconstitutional incarceration shows deliberate indifference to inmates’ rights.

Oviatt v. Pearce · filed 1992-01-15

We hold that with the evidence established at trial, a reasonable jury could conclude that the likelihood of unjustified incarceration was so obvious that defendants' policy with regard to detecting prolonged incarceration without prompt pretrial procedures evidenced deliberate indifference to the rights of inmates, thus triggering liability under section 1983.

Section 1983 permits municipal liability when a final policymaker ratifies a subordinate’s unconstitutional action and its basis.

Butcher v. City Of Mcalester · filed 1992-02-12

However, in a § 1983 proceeding a municipality is liable for the acts of its "final policymaking authority" and may also be liable for the actions of an employee who is not a final policymaking authority if a widespread practice exists to the end that there is a "custom or usage with the force of law," or a final policymaker ratifies a subordinate's recommendation, and the basis for it, thus rendering a final decision chargeable to the municipality.

Section 1983 does not impose municipal liability for a single, fact-specific administrative decision when the circumstances needed to attribute it to municipal policy are absent.

Combined Counties Police Assoc. And Mark Berndt v. City of Evanston · filed 1992-04-27

Moreover, while he correctly notes that, according to Pembaur v. City of Cincinnati, 475 U.S. 469, 480 (1986), municipal liability "may be imposed for a single decision by municipal policy makers under appropriate circumstances," those circumstances are hardly present here. Rather, we have before us a single, fact-specific administrative determination of city administrators.

Section 1983 requires a plaintiff seeking to hold a city liable to allege an injury caused by a city policy or custom; a city is not liable for its employees' acts under respondeat superior.

Smith v. Kenneth N. Flaxman, Patrick J. Rocks, Terrence J. Moran · filed 1992-05-07

The appellant's complaint, based upon 42 U.S.C. § 1983, fails to allege an injury from a policy or custom of the City of Chicago. Nor will it support a respondeat superior claim against the City.

A municipality can be liable under § 1983 when its policy causes a constitutional violation, even if the policy is not itself unconstitutional.

Jackson v. Daryl Gates City of Los Angeles · filed 1992-11-27

Further, in this circuit a policy itself need only cause a constitutional violation; it need not be unconstitutional per se.

A county is liable under § 1983 when its policy or custom causes a deprivation of constitutional or federal rights.

Colle v. Brazos County, Tex. · filed 1993-01-19

Rather, only when the execution of a county's policies or its customs deprives an individual of constitutional or federal rights, does liability under § 1983 result.

A municipality is liable under § 1983 for discrimination only if evidence shows that it operated under an unconstitutional policy or custom requiring officials to violate constitutional rights.

Myers v. Village of Alger · filed 2004-06-17

Fifth, the Myerses failed to establish race and national origin discrimination because they did not present any evidence that the Village operated pursuant to an unconstitutional policy or custom requiring its officials to violate the constitutional rights of its citizens.

Section 1983 requires a plaintiff seeking municipal liability to show a constitutional deprivation, a municipal policy amounting to deliberate indifference, and a causal link between the policy and the violation.

Brown v. City of Los Angeles · filed 2004-06-23

To establish municipality liability for his equal protection claim under 42 U.S.C. § 1983, Brown had to demonstrate that (1) he was deprived of a constitutional right; (2) the municipality has a policy; (3) the policy amounts to deliberate indifference to plaintiffs constitutional rights; and (4) the policy is the moving force behind the violation.

Section 1983 requires a city policy or custom for municipal liability; a city cannot be held liable solely because it employs the officer.

Mercado v. City of Orlando · filed 2004-06-24

The City may not be held liable in a Section 1983 action solely on a respondeat superior theory. ... The Plaintiff must be adversely effected by a City policy or custom, which has been made by lawmakers or by those to whom official acts may be attributed.

Section 1983 does not impose respondeat superior liability; liability for the county and its officials required a custom, practice, or policy to which they contributed.

Thompson v. Prince William County · filed 1985-01-31

Since respondeat superior is not applicable in actions under 42 U.S.C. § 1983, they could have been held liable only upon the demonstration of a custom, practice or policy to whose development they had in any way contributed.

Section 1983 permits municipal liability for employees’ acts only when they act pursuant to a municipal policy.

Escamilla v. City of Santa Ana · filed 1985-03-06

Even if Officers Huerth and Garcia had a constitutional duty to intervene, the Court would nevertheless grant summary judgment in favor of defendant City of Santa Ana because a municipality cannot be liable for the acts of its employees unless they are acting pursuant to a policy. ... Therefore, since plaintiffs have produced no evidence of a policy for which the city can be liable, summary judgment in its favor is appropriate.

Section 1983 requires more than a conclusory allegation of a municipal practice to state a claim against a city or county; the alleged practice must extend beyond the plaintiff’s single set of circumstances.

Munz v. Parr · filed 1985-03-29

Absent allegations that the city or county practices involved more than a single set of circumstances relating only to Munz, these defendants must be dismissed.

Section 1983 liability for a department’s failure to discipline officers requires evidence of a longstanding practice or custom of inadequate discipline.

Jones v. Devaney · filed 2004-07-01

The district court properly granted summary judgment on plaintiffs’ claim of failure to discipline. Plaintiffs did not present evidence to establish that the Department had a longstanding practice or custom of inadequately disciplining its officers.

Local governments are liable under § 1983 only when a government custom or practice causes the constitutional injury.

Urrizaga v. Twin Falls County · filed 2004-07-02

Local governments may be liable under 42 U.S.C. § 1983 only when the constitutional injury inflicted was the result of a government custom or practice.

Section 1983 imposes municipal liability when a municipal policy or custom causes the plaintiff's injury.

Velez Ex Rel. Velez v. Reynolds · filed 2004-07-10

To impose § 1983 liability upon a municipality, a plaintiff must identify a municipal “policy” or “custom” that caused the plaintiffs injuries.

Section 1983 holds a municipality liable only when its own policy or custom causes the constitutional deprivation.

Cunningham v. Reid · filed 2004-07-13

A municipality may be held liable under § 1983 only if the municipality itself caused the constitutional deprivation.

Section 1983 requires a plaintiff seeking to hold a local government liable to show that a government policy or custom contributed to the constitutional violation.

Taylor v. Franklin County · filed 2004-07-14

In order to hold a local entity liable for injuries under § 1983, a plaintiff must show that his injuries were the result of some “policy or custom” attributable to the government entity that contributed to Plaintiffs constitutional violation.

A city cannot be liable under § 1983 for failure to train its officers when the plaintiff has not demonstrated a constitutional violation.

Herman v. City of Shannon MS · filed 2004-07-15

Because Herman has not demonstrated a constitutional violation, the district court did not err in determining that Herman had not established that the City of Shannon was liable under 42 U.S.C. § 1983.

A § 1983 claim against a county must allege that a county policy or custom caused the constitutional deprivation.

Rachel Marran Claudia Librett v. Michael Marran Montgomery County Office of Children and Youth Montgomery County, Pa · filed 2004-07-15

Therefore, a prima facie case against a county must involve an allegation of a policy or custom that directed or caused the constitutional deprivation.

A municipality is liable under § 1983 only for constitutional violations resulting from its policy or custom; inadequate training can show deliberate indifference.

Turney v. Waterbury · filed 2004-07-19

“In a section 1983 action, a municipality may only be held liable for constitutional violations which result from a policy or custom of the municipality.” ... We agree with the district court that Turney has not met her burden in establishing that the training provided to Bennett County officials was inadequate, or that its current policies evinced a disregard for the constitutional rights of its jail inmates.

Section 1983 requires a basis in district policy, custom, or final policymaking authority to hold a school district or its officials liable in their official capacities.

Tun Ex Rel. Tun v. Fort Wayne Community Schools · filed 2004-07-22

Therefore, because Tun has failed to establish any basis for liability against FWCS or the other Defendants in their official capacities under § 1983 as a matter of law; summary judgment on this claim will be granted.

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

Johnson v. Deep East Texas Regional Narcotics Trafficking Task Force · filed 2004-07-27

It is clear that a municipality may not be held liable under section 1983 on the basis of respondeat superior.

Section 1983 permits suits against cities, but municipal liability cannot rest on vicarious liability or respondeat superior.

Brown v. Mitchell · filed 2004-07-28

Although cities are “person[s]” amenable to suit under Section 1983, municipal liability may not be predicated upon a theory of vicarious liability or respondeat superior.

Section 1983 does not make a city liable for alleged due process violations by the state court system.

Hull v. City of Santa Fe · filed 2004-07-29

Although her complaint does allege that her due process rights were violated in the state court proceeding, the City of Santa Fe is not liable for the conduct of the state court system; therefore, Ms. Hull has not stated a constitutional claim against the defendant she chose to sue.

Section 1983 municipal liability requires a municipal policy to be the moving force behind a constitutional deprivation; a conclusory assertion of causation is insufficient.

O'SULLIVAN v. City of Chicago · filed 2004-07-29

As a matter of law, this conclusory assertion fails to establish the “requisite causation” for a Monell municipal policy claim (the policy was the “moving force” behind a constitutional deprivation).

Section 1983 does not make a municipality liable for its employees’ constitutional violations solely because it employs them; the complaint must allege an official policy as the basis for the violation.

Cole v. Summey · filed 2004-08-03

Accordingly, a municipality may not be sued under § 1983, on a respondeat superior theory, for any constitutional violations committed by employees acting within the scope of their employment.

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

Hughes v. Keath · filed 2004-08-04

Liability against a municipality under a theory of respondeat superior is unavailable for claims asserted pursuant to § 1983.

Section 1983 municipal liability requires an underlying constitutional violation.

Cochran v. City of Deer Park TX · filed 2004-08-06

The City and PISD were properly dismissed, because for the reasons stated above the complaint failed to state a claim for an underlying federal constitutional violation on which to premise municipal liability.

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

MacNeil v. Board of Appeal · filed 2004-08-09

A municipality may be liable under §1983, ... but only if the injury is caused by “officials whose acts may fairly be said to be those of the municipality,” or if there is a municipal policy or custom that caused the injury. ... Here, both conditions are met.

A city cannot be liable under § 1983 by ratifying a municipal judge’s actions when it lacks power to control those actions.

Guevara v. City of Haltom City · filed 2004-08-10

Because the municipality did not have the power to control the municipal judge’s actions, however, it also did not have the power to ratify them.

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

Howard-Barrows v. City of Haltom City · filed 2004-08-10

Howard-Barrows’s assertions, however, are not sufficient to impose § 1983 liability on the City because she does not allege that the City had a policy or custom of preventing detainees from appearing before a magistrate in a timely manner.