42 U.S.C. § 1983

Section 1983 requires a plaintiff alleging municipal liability for negligent hiring to show that the specific constitutional injury was plainly obvious to the county.

Doe v. Patton · filed 2005-03-23

There is nothing to suggest that it was “plainly obvious” to the County that Patton would forcibly rape Doe. This new testimony does not meet the very high burden established by Brown.

Section 1983 does not permit municipal liability for a policy or custom unless a municipal agent first violated the plaintiff’s constitutional rights.

Brierly v. Deer Park Union Free School District · filed 2005-03-23

At any rate, a municipality or other governmental entity cannot be held liable for an alleged policy or custom unless its agents actually violated the victim’s constitutional rights in the first place. ... Since Brierly fails to prove that he suffered any unlawful discrimination and thus that his rights were actually violated, his claims regarding any municipal custom or policy are necessarily moot, and any discussion of the Defendants’ immunity irrelevant.

Section 1983 does not permit liability against a police chief or city when the officer committed no constitutional violation.

Green v. City of Wenatchee · filed 2005-03-23

The above being so, neither former Police Chief Kenneth Badgley, nor the City of Wenatchee could be held liable for a violation of § 1983.

Section 1983 treats cities and counties as persons, but municipal liability requires a constitutional violation resulting from a municipal policy or custom.

Scheeler v. City of St. Cloud · filed 2005-03-31

The Scheelers assert that the city and county should be considered “persons” and thus subject to § 1983 liability. They are correct. ... It remains true, however, that “[i]n a section 1983 action, a municipality may only be held liable for constitutional violations which result from a policy or custom of the municipality.” ... The record is devoid of any evidence that the investigatory failures that the Scheelers alleged were the result of a lack of training, or a custom or practice of St. Cloud or Stearns County.

Section 1983 does not impose municipal liability for an officer’s conduct when the officer committed no underlying constitutional violation.

DiRico v. City of Quincy · filed 2005-04-05

Second, because a jury determined that McNeil did not violate DiRico's constitutional rights (and we see no reason to upset that determination), the § 1983 claim against the City necessarily fails, as it cannot be said that any action on the part of the City caused DiRico's injuries.

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

Bennett v. City of Biddeford · filed 2005-04-05

Without any evidence of a municipal policy or custom, Plaintiff cannot maintain a cause of action against a municipality under section 1983.

Section 1983 does not impose liability on a county for a pretrial detainee’s suicide when the deputies did not act with deliberate indifference.

Stanton v. Harris County · filed 2005-04-06

Viewing the evidence in the light most favorable to Ms. Stanton, we conclude that the actions of Deputies Hokett and Voisin did not rise to the level of deliberate indifference. It follows that Harris County cannot be liable.

Section 1983 permits municipal liability based on a single decision when the decisionmaker has final policymaking authority over the matter decided.

Putnam v. Town of Saugus, Mass. · filed 2005-04-07

Rather, these precedents simply establish that a claim’s dependence on a single decision does not automatically preclude the imposition of municipal liability. As explained below, for liability to be imposed based on a single decision, the decision-maker must have final policymaking authority regarding the matter decided.

Section 1983 municipal liability requires a policy or custom that caused the injury and, generally, deliberate indifference by the municipality.

Young v. City Of Providence · filed 2005-04-11

Further, the Supreme Court has imposed two additional requirements: 1) that the municipal policy or custom actually have caused the plaintiff's injury, and 2) that the municipality possessed the requisite level of fault, which is generally labeled in these sorts of cases as "deliberate indifference."

Section 1983 requires a plaintiff seeking to hold a city liable for its officials’ acts to allege that those acts constituted official government policy.

McClure v. Biesenbach · filed 2005-04-12

Plaintiffs fail to allege how the actions taken by Biesenbach and Davila constitute acts of official government policy and have thus failed to state claims for Section 1983 liability against the City under the Pembaur standard as well.

A city is liable under § 1983 only when the deprivation of a federal right was pursuant to city policy.

Garcia v. City of Chicago · filed 2005-04-13

In order for the City to be liable under 42 U.S.C. § 1983, Plaintiffs must demonstrate that they were deprived of a federal right (which they have duly alleged) and that the actions of the City in depriving Plaintiffs of their rights were taken pursuant to a City policy. ... Because no city policy authorized the demolition of Plaintiffs’ building without notice, Plaintiffs have failed to state a claim under § 1983.

State law cannot expand municipal liability under § 1983 beyond the limits set by federal law.

Coon v. Town of Springfield, Vt Richard J. Ripchick Tom Bishop Mabel Bishop, Town of Springfield, Vt, and Rich · filed 2005-04-14

The principal reason Coon’s argument fails is that the scope of municipal liability under the federal cause of action created by § 1983 is a federal question. ... If Vermont wishes to confer a cause of action against municipalities that is more generous to plaintiffs than § 1983, it is free to do so, but it may not tinker with the boundaries of the cause of action created by federal statute.

Section 1983 permits municipal liability for acts the municipality officially sanctions or orders, including decisions by officials with final policymaking authority.

Sivulich-Boddy v. Clearfield City · filed 2005-04-15

But Clearfield can only be held liable for “acts which the municipality has officially sanctioned or ordered,” or where a decision is made by the “official or officials responsible for establishing final policy with respect to the subject matter in question.”

A municipality is liable under § 1983 for a commission’s decision only if the commission itself acted with an unconstitutional motive.

MacK v. Augusta-Richmond County, Ga. · filed 2005-04-18

Absent evidence that the Commission was actually motivated by an unconstitutional consideration, Augusta cannot be held liable under § 1983.

A § 1983 claim against a city survives summary judgment when evidence could allow a jury to find a municipal custom or policy of unconstitutional conduct.

Taylor v. City of Detroit · filed 2005-04-19

The Court finds that Plaintiffs evidence is sufficient under Monell to defeat summary judgment and that a reasonable jury could conclude that Defendant City of Detroit had a custom or policy of unconstitutional conduct.

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

Wheeler v. City of Philadelphia · filed 2005-04-21

Rather, to hold a governmental entity liable under Section 1983, the plaintiff must “identify a policy or custom of the entity that caused the constitutional violation.”

Section 1983 makes a governmental entity liable only when its policy or custom results in a constitutional violation.

Pahnke v. ANDERSON MOVING AND STORAGE · filed 2005-04-21

A governmental entity is liable under § 1983 only if it employs a policy or custom that resulted in a constitutional violation. ... In this case, Plaintiffs fail to demonstrate that Houston County or the City of LaCreseent employs a custom, pattern, or practice that resulted in the deprivation of a constitutional right. Thus, Plaintiffs’ claims against the government Defendants in their official capacities fail.

Section 1983 liability for an employee’s acts requires a constitutional violation by the employee and a municipal policy or custom that caused it.

Dye v. City of Warren · filed 2005-04-22

A plaintiff suing a municipality under Section 1983 for the acts of one of its employees must prove: (1) that a municipal employee committed a constitutional violation, and (2) that a municipal policy or custom was the moving force behind the constitutional deprivation.

Section 1983 requires factual allegations supporting municipal policy or custom; an isolated incident and conclusory allegations of improper training or supervision are insufficient.

Alvarado v. City of Chicago · filed 1986-12-11

This court finds that plaintiff’s allegation of an isolated incident of constitutional deprivation fails to state a § 1983 claim against either the City of Chicago or the Police Board. This court requires more than a conclusory assertion that improper training and supervising caused unconstitutional conduct in a § 1983 action.

Section 1983 requires evidence of a municipal custom or policy to hold a city liable for police misconduct; isolated incidents alone are insufficient.

Smith v. C. W. Scott, Individually and Officially and City of Due West, a Political Subdivision · filed 1987-03-23

Under this reasoning, it is clear that the evidence in this case was insufficient to raise a jury question that the City of Due West acted through its customs or policies to deprive Smith of his constitutional rights. Smith put forward only isolated instances of police misconduct and in so doing, failed to make out a case.

Section 1983 liability for a county agency requires an established policy or custom that caused the alleged constitutional violation.

Brown v. Daniels · filed 2005-04-25

Likewise, in order to establish liability on the part of the BCCYS, the Browns would have to show that it had an established policy or custom that resulted in the alleged constitutional violations.

Section 1983 requires a plaintiff suing a municipality to identify a policy or practice that caused the alleged violation.

Fulgencio v. City of Los Angeles · filed 2005-04-26

Fulgencio has not identified any policy or practice by the City of Los Angeles that would have caused the officers’ failure to investigate, and thus has failed to make out a claim against the City under § 1983.

Section 1983 permits liability based on a joint policy or custom of separate governmental entities acting together to deprive constitutional rights.

Johnson v. BOARD OF POLICE COM'RS · filed 2005-04-27

Notwithstanding this assertion, the Court finds that the fact that the Defendants are separate legal entities does not prevent them from acting in concert to deprive constitutional rights pursuant to a joint policy or custom, as alleged in the Complaint.

Section 1983 does not impose liability on a school board for its employees' acts without an alleged official policy or custom causing the rights violation.

JS, Ex Rel. Duck v. ISLE OF WIGHT COUNTY SCHOOL · filed 2005-04-29

As respondeat superior liability is not available under § 1983, the school board cannot be held liable for acts committed by the individual defendants. Since no official municipal policy is alleged to have violated plaintiff's constitutional rights, plaintiff's claim against the Isle of Wight County School Board is dismissed.

Section 1983 makes a city liable for an officer’s constitutional violation only if the violation occurred pursuant to city policy.

Payne v. City of Olive Branch · filed 2005-04-29

To establish liability under 42 U.S.C. § 1983 on the part of the City, Payne must show that any constitutional violation by the officers was done pursuant to City policy.

Section 1983 requires a plaintiff suing a county or an official in an official capacity to prove that an official policy or custom caused a denial of a constitutional right.

Staley v. Grady · filed 2005-05-04

Consequently, in order to prevail on his claim against the County or Grady in his official capacity, plaintiff must “ ‘plead and prove three elements: (1) an official policy or custom that (2) cause[d] the plaintiff to be subjected to (3) a denial of a constitutional right.’”

Section 1983 requires a municipal policy or decision that caused the alleged injury to hold a municipality liable.

McRae v. Olive · filed 2005-05-05

Since there is no policy or decision by the District of Columbia that can be said to have led to Mr. McRae’s alleged injury, his claim under 42 U.S.C. § 1983 is infirm and will be dismissed.

Section 1983 permits county liability only for an injurious practice attributable to the county itself.

LeMoine, Brian J. v. Milwaukee County · filed 2005-05-13

However, this evidence shows only that the errors may have been caused by the state of Wisconsin, which was responsible for the CCAP conversion. The injurious practice, if any, was not the County’s. We therefore AFFIRM the judgment in the County’s favor.

Section 1983 municipal liability requires deliberate indifference consistent with an official custom or policy.

Chatman v. City of Johnstown · filed 2005-05-13

To establish liability against a municipality, plaintiff must demonstrate that it acted with deliberate indifference consistent with an official custom or policy.

Section 1983 requires evidence of municipal custom or practice when a plaintiff challenges an omission in a policy that is not itself unconstitutional.

Calhoun, Norman v. Ramsey, Kenneth R. · filed 2005-05-17

Because he cannot point to any language in the jail’s policy that is constitutionally suspect, he must provide enough evidence of custom and practice to permit an inference that the County has chosen an impermissible way of operating.

Section 1983 permits municipal liability only when an employee’s or agent’s unlawful action was taken pursuant to a municipal policy or custom.

Clement v. City of Glendale · filed 2005-05-18

In addition, a municipal defendant may only be held liable under § 1983 if the unlawful actions of its employees or agents were taken pursuant to that defendant’s policies or customs.

Section 1983 does not impose municipal liability for a police chief’s hiring or discipline decisions when the city retains authority to review them.

Reed v. City of Lavonia · filed 2005-05-19

Here, because the City undisputedly retains the power to review Chief Shirley’s exercise of discretion in hiring and disciplining his officers, Shirley may not be considered “policymaker possessing the final authority” on such matters, so as to permit the imposition of municipal liability under § 1983.

A municipality is liable under § 1983 only when a constitutional tort results from its official policy or custom.

Hansel v. All Gone Towing Co. · filed 2005-05-24

He does not point to facts indicating that Pinellas County has implemented an unconstitutional policy or practice designed to deprive truck drivers of their civil rights and, accordingly, municipal liability will not attach.

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

Miller v. Calhoun County · filed 2005-05-27

Rather, a municipality may be held liable under § 1983 only where its policy or custom causes the constitutional violation in question.

Section 1983 permits municipal liability when a county legislature, as the county’s ultimate policymaker, is alleged to have retaliated in violation of constitutional rights.

Dorsett-Felicelli, Inc. v. County of Clinton · filed 2005-06-01

Most importantly, however, Plaintiffs make allegations of retaliation directly against the County Legislature, which is the ultimate policymaker for the County. Regardless of any actions taken by La-Combe and O’Connor, this is sufficient to establish County liability.

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

Gakin v. City of Rapid City · filed 2005-06-01

Furthermore, although the parents assert that they have a “property interest” in the possession and control of their deceased son’s body and casket, they fail to identify a “direct causal link” between the alleged constitutional violation (i.e., deprivation of property without due process) and any City policy or custom. Therefore, a claim of civil rights violations under § 1983 has not been established.

Section 1983 permits a claim against a municipality only when the officer acted under its policy or custom.

Menotti v. City of Seattle · filed 2005-06-02

A showing of constitutional wrong by a single police officer may support a claim against that officer, but a claim against a municipality may proceed only with evidence that the officer acted under the municipality's policy or custom.

Section 1983 does not impose municipal liability for a lieutenant’s limited instructions that did not become official city policy.

Bennett v. Eastpointe · filed 2005-06-08

In sum, we hold that the DeWeese Memorandum did not constitute official city policy and therefore affirm the district court’s grant of summary judgment in favor of the City of Eastpointe.

Section 1983 requires a plaintiff seeking to hold a municipality liable for an official’s instructions to show that the official had policy-making authority.

Bennett v. City of Eastpointe · filed 2005-06-08

For the plaintiffs to prevail, therefore, they must demonstrate that DeWeese had policy-making authority. The plaintiffs have failed, however, to account for the fact that at the time of the instructions, now-Chief of Police DeWeese was simply a lieutenant, and not a policy-making official.

Section 1983 does not make a governmental agency liable merely because it employed the alleged wrongdoer.

Watson v. Somerset County Sheriff's Dept. · filed 2005-06-13

A governmental agency cannot be held liable under section 1983 merely because of an employment relationship with the alleged wrongdoer.

Section 1983 generally does not impose municipal liability for a policy, custom, or failure to train or supervise when there is no underlying constitutional violation by an individual.

Ronnie McCoy Lori McCoy v. City of Monticello Harold West, Mayor Monticello Police Department Sam Norris Ken Ouelette · filed 2005-06-16

Therefore, the City cannot be held liable on either an unconstitutional policy or custom theory or on a failure to train or supervise theory. This circuit has consistently recognized a general rule that, in order for municipal liability to attach, individual liability first must be found on an underlying substantive claim.

Section 1983 requires a plaintiff seeking municipal liability to show that a municipal custom, practice or policy caused the deprivation.

Raphael v. County of Nassau · filed 2005-06-17

To establish a claim against a municipality under § 1983, a plaintiff must also show that the deprivation was caused by the municipality’s custom, practice or policy.

Section 1983 permits municipal liability when a government policy or custom causes the alleged unconstitutional conduct.

Estate of Bing v. City of Whitehall, Ohio · filed 2005-06-22

A municipal government may be held liable under § 1983 if a plaintiff can establish that a government policy or custom was the cause of the alleged unconstitutional conduct. ... Plaintiffs have presented no evidence beyond mere allegation that the City of Whitehall has a policy or custom of deliberate indifference for the public’s rights or a policy or custom allowing for unlawful entry or use of deadly force.

A county can face § 1983 liability for administrative acts performed by a district attorney acting as its final policymaker.

Botello v. Gammick · filed 2005-06-22

Because Gammick was acting as a policy- maker for the County when he performed the administrative acts outside the scope of absolute immunity, we reverse the district court’s dismissal of Botello’s claims against the County.

Section 1983 municipal liability requires an underlying constitutional violation.

Voyticky v. Village of Timberlake, Ohio · filed 2005-06-22

For municipal liability to exist, however, a constitutional violation must take place. ... Because we have determined that Defendants are entitled to summary judgment on all of Plaintiffs constitutional claims for want of a constitutional violation, Plaintiffs municipal liability claim must also fail.

A § 1983 claim against a county fails when no officer deprived the plaintiff of a constitutional right.

Scott v. TN · filed 2000-03-01

Nevertheless, our conclusion that no officer-defendant had deprived the plaintiff of any constitutional right a fortiori defeats the claim against the County as well.

Section 1983 permits liability against a school district when a superintendent with final policymaking authority adopts a principal’s employment rating that violates constitutional rights.

Mcgreevy v. Stroup · filed 2005-06-28

Because the school superintendent is a final policymaker with regard to ratings, his ratings and/or those of the school principal constitute official government policy. It follows that the District Court erred in granting summary judgment for the District. A reasonable jury could find that the 40 rating given to McGreevy by the principal and adopted by the Superintendent was in retaliation for the exercise of her First Amendment rights. If the jury so found, the District would be subject to liability.

Section 1983 makes municipalities liable for their own policies, not vicariously for employees’ errors.

Bradich, Delores v. City of Chicago · filed 2005-07-01

As for Chicago: municipalities are not vicariously liable under 42 U.S.C. §1983 for their employees’ errors. See Monell v. New York City Department of Social Services, 436 U.S. 658 (1978). They are liable only for their own policies.

Section 1983 does not make municipalities vicariously liable for their employees’ errors.

Delores Bradich, Administrator of the Estate of Melvin Bradich v. City of Chicago · filed 2005-07-01

As for Chicago: municipalities are not vicariously liable under 42 U.S.C. § 1983 for their employees’ errors.

Section 1983 permits municipal liability when a municipality has a policy of entrusting arrestees to a jail knowing they will face unconstitutional treatment there.

Powell v. Barrett · filed 2005-07-05

Further, the Court remains of the view that a municipal body that maintains a policy of entrusting its arrestees to a jail with knowledge of the unconstitutional treatment those persons will face upon their confinement there can be liable under § 1983.

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

Long v. City and County of Honolulu · filed 2005-07-11

Because there was no constitutional violation, the City likewise cannot be liable under 42 U.S.C. § 1983.

A § 1983 claim against a municipality must identify its policy or custom; alleging that an official has policymaking authority without defining the policy is insufficient.

Neveu v. City of Fresno · filed 2005-07-15

Just as Plaintiff fails to state a claim against the CITY because he fails to identify the CITY’s policy by describing a pattern or practice, Plaintiff also fails to state a claim against Defendant DYER in his official capacity for failing to define the same purported policy. Alleging that DYER had policy-making authority without defining the policy and its operation is not sufficient.

Section 1983 permits municipal liability only when an established policy or custom causes a constitutional injury.

Perry v. Bordley · filed 2005-07-18

Under Monell v. New York City Dept. of Social Services, 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), a municipality cannot be found liable under § 1983 unless an established policy or custom caused a constitutional injury.

Under Oregon’s former Tort Claims Act, a municipality could be vicariously liable for an employee’s § 1983 violation without proof of a municipal custom or usage.

Haase v. City of Eugene · filed 1987-04-22

Defendant’s liability exists whether or not the officer acted pursuant to a “custom or usage,” and evidence on that point has no relevance to a section 1983 claim brought under OTCA.

Section 1983 imposes municipal liability when a federal-right deprivation is proximately caused by an express policy, widespread custom, or deliberate act of a final policymaker.

Ovadal, Ralph v. City of Madison · filed 2005-07-19

In order to establish liability against the city under 42 U.S.C. § 1983, Ovadal must show that: “(1) he suffered a deprivation of a federal right; (2) as a result of either an express municipal policy, widespread custom, or deliberate act of a decision-maker with final policy-making authority for the City; which (3) was the proximate cause of his injury.”

A § 1983 complaint alleging municipal liability may state a claim by alleging facts connecting the injury to an official policy or custom; no heightened pleading standard applies.

Harris v. Adams · filed 2005-07-20

The Court finds that the complaint alleges facts sufficient to state a claim that Plaintiff was injured as a result of Defendants’ official custom or policy. To require more would result in a more stringent pleading standard, which is not permitted for § 1983 complaints.

Section 1983 permits municipal liability only when an official policy or custom directly causes the plaintiff’s injury.

Cummings v. Akron · filed 2005-07-22

Rather, in order to hold a municipality liable, the § 1983 plaintiff must show that he or she was injured as a direct result of the municipality’s official policy or custom.

Section 1983 does not impose municipal liability through respondeat superior; liability requires a link between a municipal policy or custom and the constitutional deprivation.

Konopka v. Borough of Wyoming · filed 2005-07-25

It is important to point out that Plaintiffs arguments are steeped in the common law principle of respondeat superior. However, this principle is simply inapplicable in a § 1983 action.

Section 1983 municipal liability based on custom requires sufficient evidence of a well-settled and widespread practice.

Santiago v. Feeney · filed 2005-07-26

Even accepting Plaintiffs argument that Eddings’ strip search violated his federal constitutional rights, Plaintiff has failed to produce sufficient evidence to raise a trialworthy issue that the City had a well-settled and widespread custom of conducting illegal searches and strip searches.

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

Collins v. County of Kern · filed 2005-07-26

Rather, to state a claim for municipal liability, a plaintiff must allege that he suffered a constitutional deprivation that was the product of a policy or custom of the local government unit.

Section 1983 requires a municipal policy or custom that caused the plaintiff’s injury to support a claim against a municipality.

Collins v. West Hartford Police Dept. · filed 2005-07-27

Plaintiffs § 1983 claims against the Town of West Hartford and West Hartford Police Department must be dismissed because he has not identified a municipal policy or custom that caused his injury.

Section 1983 does not permit municipal liability when the plaintiff cannot show an underlying constitutional violation.

Luckes v. County Of Hennepin · filed 2005-07-28

Because Luckes cannot show that his substantive due process rights were violated, the County cannot be held liable for his detention under § 1983.

Section 1983 municipal liability requires an employee’s unconstitutional action to reflect an official policy or custom or to be carried out by an official with final policymaking authority.

Orr v. City of Albuquerque · filed 2005-08-02

To establish municipal liability, the female Plaintiffs must show “‘that the unconstitutional actions of an employee were representative of an official policy or custom of the municipal institution, or were carried out by an official with final policy making authority with respect to the challenged action.’” Ledbetter v. City of Topeka, Kansas, 318 F.3d 1183, 1189 (10th Cir. 2003) (quoting Camfield v. City of Oklahoma City, 248 F.3d 1214, 1229 (10th Cir. 2001) (emphasis added).

Section 1983 permits local government liability when a deprivation is attributable to its official policy or custom; a decision by employees without final policymaking authority does not itself establish such a policy.

Solomon v. Philadelphia Housing Authority · filed 2005-08-02

Therefore, the decision to suspend Appellant cannot be fairly ascribed to PHA itself as an official policy or practice under Monell, and consequently PHA cannot be held liable for their failure to provide pre-suspension due process.

A city is liable under § 1983 when its express policy, widespread custom, or final policymaker’s deliberate act proximately causes a deprivation of federal rights.

Ovadal v. City of Madison, Wisconsin, Richard Williams, Chris Paulson, and Patrick Grady · filed 2005-08-08

In order to establish liability against the city under 42 U.S.C. § 1983, Ovadal must show that: “(1) he suffered a deprivation of a federal right; (2) as a result of either an express municipal policy, widespread custom, or deliberate act of a decision-maker with final policy-making authority for the City; which (3) was the proximate cause of his injury.”

A municipality cannot be held liable under § 1983 solely because it employs a person who caused the alleged violation.

Freedman v. America Online, Inc. · filed 2005-08-09

Defendants correctly indicate that a municipality may not be held liable under § 1983 on a theory of respondeat superior.

Section 1983 permits municipal liability when an unlawful policy or practice causes a rights violation or a municipal policymaker directly causes it.

Jorg v. City of Cincinnati · filed 2005-08-11

A municipality may be held liable under § 1983 for a rights violation when either the municipality had an unlawful policy or practice that caused the rights violation, or a municipal “policymaker” directly caused the rights violation.

A § 1983 claim against a municipality requires facts showing that the challenged conduct arose from official municipal policy.

Mason v. District of Columbia · filed 2005-08-12

Appellant has not stated any facts establishing these alleged disciplinary measures arose from official municipal policy.

Section 1983 does not make a municipality liable for an employee’s actions solely under respondeat superior.

Dempsey v. City of Baldwin · filed 2005-08-22

A government entity may not be held liable under 42 U.S.C. § 1983 by way of the respondeat superior doctrine.

Section 1983 municipal liability requires evidence of a municipal policy or a failure to train that caused the alleged injury.

Bontatibus v. Ayr · filed 2005-08-25

Second, Bontatibus has failed to provide any evidence to support- a finding that the Town of Branford had a policy regarding access to crime scenes or that a failure to ... train municipal personnel resulted in a private individual’s access to the crime scene.

Municipal liability under § 1983 requires a policy or custom that causes the constitutional deprivation; a single failure to follow official policy does not establish that causation.

Russell v. Hennepin County · filed 2005-08-25

This single instance of allegedly failing to follow official policy may rise to the level of negligence. It does not, however, suffice to establish causation as required to advance a claim of municipal liability under § 1983.

Section 1983 requires a plaintiff seeking to hold a local government liable to show that the injury resulted from official policy rather than solely from an employee’s act.

Barstad v. Murray County · filed 2005-08-26

Because the Barstads ... seek to impose liability on a local government, they must show that the injury was not inflicted solely by the employee but was the official policy. ... The circumstances of the gesture/apology incident show that Onken's action was not the official policy of the County.

Section 1983 requires an official policy or custom that caused the deprivation of a federal right to hold a municipality liable through an official-capacity suit.

Young v. Fleming · filed 2005-08-29

To the extent that Young is suing Igou in his official capacity, Young’s complaint fails to state a claim because he did not allege an official policy or custom of the City that caused the deprivation of a federal right.

Section 1983 requires a defendant's own action or inaction and does not impose respondeat superior liability on a municipality.

Meza v. Lee · filed 1987-08-27

It is axiomatic that liability under § 1983 must be premised upon some action or inaction of the defendant. Respondeat superior liability does not exist under the Civil Rights Statutes. ... Unless there is some allegation that the city did something or failed to do something (such as failure to train adequately), no liability may be imposed.

Section 1983 permits municipal liability when a government entity’s practice or custom causes a constitutional deprivation.

Stoneking v. Bradford Area School District · filed 1987-08-28

For the purposes of this motion, the Court concludes that there is sufficient evidence from which a jury could infer the existence of a practice or custom. Additionally, it could be inferred from the evidence that the School District was responsible for the practice or custom and that the practice or custom caused the plaintiffs injuries. Thus, the defendants’ motion, as it pertains to the liability of the School District, must be denied.

A municipality cannot be liable under § 1983 unless its agents committed an underlying constitutional violation.

Estate of Harbin v. City of Detroit · filed 2005-09-01

Our interpretation of Harris is consistent with the well-settled rule that a municipality cannot be held liable under § 1983 unless a constitutional violation by its agents is first established.

Section 1983 requires a plaintiff to connect the alleged misconduct to the municipality; a mayor’s acts as chair of a legally separate consortium are not automatically attributable to the municipality.

Caraballo-Seda v. Rivera-Toro · filed 2005-09-08

Hence, even if plaintiffs prove that defendant Rivera-Toro, knew of, overtly or tacitly approved of, or purposely disregarded the discriminating conduct charged by the plaintiffs, neither the Municipality of Hormigueros, nor the Municipality of San Germán, can be held liable, because defendant Rivera-Toro was acting as Chairman of the Board, not as Mayor of Hormigueros. In sum, the plaintiffs have failed to connect the alleged illegal conduct to the Municipalities, as required by Section 1983.

Section 1983 municipal liability requires evidence that someone whose actions represent official policy committed the alleged violation.

Pierce v. Netzel · filed 2005-09-09

In addition, Pierce has not put forth evidence that anyone whose actions may be said to “represent official policy,” see Monell v. Dep’t of Social Servs., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), disseminated the allegations. His claim for municipal liability against the County of Erie therefore fails.

Section 1983 requires a municipal policy or practice for city liability; a single officer’s arrest does not establish one.

Allan v. City of New York · filed 2005-09-12

Standing alone, the deposition of Nieves does not establish Monell liability because a single event does not rise to a policy or practice necessary for purposes of municipal liability.

Section 1983 requires a plaintiff suing a city to show that the alleged constitutional violation implemented an official policy or resulted from a governmental custom.

Gregory Parks, Sr. v. City of Carrollton · filed 2005-09-14

To prevail against the City, Parks was required to prove that the allegedly unconstitutional action implemented an official policy of the City or was the result of a governmental custom.

Section 1983 permits liability against a governmental entity for the execution of its policy or custom, but not solely because it employed the person who acted.

Kamensky v. Rogelio Dean · filed 2005-09-14

Such an inquiry exists because governmental entities cannot be held liable under § 1983 on a theory of respondeat superior, but rather may be held liable only for the execution of a governmental policy or custom.

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

King v. Knoll · filed 2005-09-17

Plaintiff also cannot bring a section 1983 claim for malicious prosecution against defendant City of Topeka. “[T]o establish municipal liability, a plaintiff must show (1) the existence of a municipal policy or custom, and (2) that there is a direct causal link between the policy or custom and the injury alleged.”

A § 1983 claim against the District of Columbia requires proof that its policy or practice led to the deprivation of civil rights.

Doe v. District of Columbia · filed 2005-09-20

Plaintiff must also show that defendant had a policy or practice that led to the deprivation of plaintiffs civil rights.

A municipality is not liable under § 1983 for a subordinate employee’s decision when the employee lacks final authority to establish municipal policy on that decision.

Galal v. City of Long Beach · filed 2005-09-22

Second, Derheim was a subordinate employee without policymaking authority because he did not have final authority to establish municipal policy with respect to obtaining administrative warrants.

Section 1983 requires a plaintiff seeking municipal liability to allege that a governmental policy or custom caused a violation of constitutional rights.

Feliciano v. County of Suffolk · filed 2005-09-27

As acknowledged by all Parties, in order to impose liability against a municipality pursuant to 42 U.S.C. § 1983, a plaintiff must allege that the violation of his constitutional rights was part of a governmental custom, policy, ordinance, regulation or decision.

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

Llerando-Phipps v. City of New York · filed 2005-09-29

To prevail in an action against the City of New York under 42 U.S.C. § 1983, Phipps must show that a municipal policy or custom caused the deprivation of his constitutional rights.

Section 1983 does not impose municipal liability for a single act of alleged deliberate indifference by an employee who lacks final policymaking authority.

Frobel v. County of Broome · filed 2005-09-30

There is no evidence that Undersheriff Kellar, in investigating plaintiffs complaint, was doing more than exercising the discretion granted to him under the Broome County Policy. Thus, the single act of alleged deliberate indifference, is insufficient, as a matter of law, to raise a question of fact as to municipal liability.

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

Williams v. City of Tulsa, Ok · filed 2005-09-30

To hold a municipality liable under § 1983, a plaintiff must show harm that is the result of official policy or custom, made by policy makers or “those whose edicts or acts may fairly be said to represent official policy.”

Section 1983 does not impose municipal liability based on the conduct of a discretionary employee whose decisions are subject to review.

Young v. Mahoning County, Ohio · filed 2005-09-30

Budd, as a discretionary employee whose decisions were subject to review, cannot impose liability on Mahoning County pursuant to Section 1983 on the facts presented in these cases.

Section 1983 permits suit against a city for an official’s alleged constitutional violations when the official’s decisions constitute city policy.

Hartford Park Tenants Asso. v. Ridem, 99-3748 (r.I.super. 2005) · filed 2005-10-03

Accordingly, this Court holds that the City is amenable to suit under § 1983 for the alleged constitutional violations of its official, Sepe.

A municipality is liable under § 1983 only for a constitutional deprivation it caused itself; respondeat superior does not establish liability.

Sargent v. City of Toledo Police Department · filed 2005-10-06

Second, a municipality can be liable under § 1983 only if the municipality itself caused the constitutional deprivation, Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694 (1978); it cannot be held liable on the basis of respondeat superior.

Section 1983 makes a school board liable for a decision made under its custom or policy, made by the board itself, or ratified by the board before it became final.

K. M. v. School Board of Lee County · filed 2005-10-07

For the Board to be liable under § 1983, Plaintiffs were required to show the decision to deny M.M. an IDEA due process hearing was (1) made pursuant to a custom or (2) made pursuant to a preexisting formal Board policy or (3) made directly by the Board, as the policymaker for the School District or (4) ratified by the Board before the decision became final.

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

Rivera v. City of New York · filed 2005-10-11

To hold a municipal entity liable under § 1983 for the unconstitutional acts of its employees, a plaintiff must plead and prove that his constitutional rights were violated, that the alleged actions by the employees were the result of an official policy, custom, or practice of the municipal defendant, and that the policy, custom, or practice caused the plaintiffs alleged injuries.

Section 1983 liability for an airport authority requires a policy or custom that caused the alleged constitutional violation; supervisory authority alone does not suffice.

Joseph v. Allegheny County Airport Authority · filed 2005-10-13

Assuming arugendo that these defendants exercise authority over the police, liability under § 1983 may not based on the doctrine of respondeat superior. ... Thus, in order for the ACAA to be liable, Joseph would have to show that it had an established policy or custom that resulted in the alleged constitutional violation at issue.

Section 1983 permits county liability when county commissioners ratify a sheriff’s termination decision that violates an employee’s constitutional rights.

Shape v. Barnes County, ND · filed 2005-10-14

By denying Shape’s requests contained in his Settlement Letter, the Commission adopted McClaflin’s decision to terminate Shape, subjecting the County to direct liability for any violation of Shape’s right under the First Amendment. ... In sum, Barnes County can be held directly liable under § 1983 for any violations of Shape’s constitutional rights.

Section 1983 requires a plaintiff seeking to hold a county liable to show that a county policy attributable to a policymaker was the moving force behind a constitutional violation.

Porter v. Lowndes County, Mississippi · filed 2005-10-18

As an alternative basis for granting the motion, the Court notes that, in order to maintain a § 1983 claim against the County and the Sheriffs Department, the plaintiff must establish three elements: (1) a policymaker who is actually or constructively responsible for (2) a County-adopted “policy” which (3) was the “moving force” behind a violation of the plaintiffs constitutional rights.

Section 1983 imposes municipal liability only for constitutional violations caused by a municipal policy or custom, not solely by an employee’s conduct.

Mitchell v. Yates · filed 2005-10-18

Liability under § 1983 cannot rest on a respondeat superior theory, but instead is limited to constitutional torts caused by a municipal “policy or custom.”

Section 1983 requires a plaintiff seeking municipal liability to show that an official government custom or policy caused the alleged misconduct.

Walker v. North Wales Borough · filed 2005-10-19

To establish a violation of 42 U.S.C. § 1983 by a municipality, a plaintiff must show that the alleged misconduct was caused by an official government custom or policy.

Section 1983 does not permit punitive damages against municipalities.

Whitehouse v. Piazza · filed 2005-10-25

Municipalities are not, however, liable for punitive damages under Section 1983.

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

Ramirez v. County of Los Angeles · filed 2005-10-25

Local governments are considered to be “persons” subject to liability under § 1983 when official policy or custom brings about a constitutional injury.

Section 1983 permits recovery from a local government when its policy is the moving force behind a constitutional injury.

Shaw v. COOSA COUNTY COM'N. · filed 2005-10-26

When the undisputed evidence in this case is viewed the in the light most favorable to Shaw, the Court finds that no reasonable jury could find that a policy of the County Commission with respect to funding jails or, more specifically, with respect to medical treatment for persons held in jails was the moving force behind the injury alleged in this action, Stroud's death.

Section 1983 permits local government liability only when a final policymaker establishes or acquiesces in the policy or custom causing the constitutional injury.

Albright v. City of Philadelphia · filed 2005-10-28

Under either a policy or custom approach, “it is incumbent upon [the] plaintiff to show that a policymaker is responsible either for the policy or, through acquiescence, for the custom.” ... She has not established municipal liability under § 1983 pursuant to a policy or custom.

Section 1983 permits a municipality to be held liable when a constitutional right is violated pursuant to an official municipal policy.

Killingham v. County of Hennepin · filed 2005-10-28

A municipality may be held liable under § 1983 where a constitutional right is violated pursuant to an official municipal policy.

Section 1983 allows a plaintiff to seek relief for deprivation of a federally secured right by a person acting under color of state law, subject to its municipal liability rules.

Tardiff v. Knox County · filed 2005-11-02

A claim under section 1983 requires the plaintiff to show the deprivation of a federally secured right by a person acting under color of state law. See 42 U.S.C. § 1983; see also Camilo-Robles v. Hoyos, 151 F.3d 1, 5 (1st Cir.1998). A municipality cannot be held liable under 42 U.S.C. § 1983 for constitutional deprivations unless the unconstitutional conduct occurred as a result of the implementation or execution of a municipal policy or custom.

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

Lund v. Hennepin County · filed 2005-11-04

In order to make out a case of municipal liability against the County, Lund must show that his constitutional injury was caused by a policy or custom of the municipality, the implementation of which amounted to deliberate indifference to his constitutional rights.

A municipality may face § 1983 liability for an employment policy set by a mayor with final policymaking authority under law or custom.

Templeton v. Bessemer Water Service · filed 2005-11-14

Therefore, on both theories of law and custom, we conclude for purposes of subjecting the municipality to § 1983 liability that the Mayor of Bessemer was setting the employment policy.

Section 1983 liability for a supervisor or municipality requires a predicate constitutional violation.

Echols v. UNIFIED GOV. OF WYANDOTTE COUNTY, KANSAS · filed 2005-11-15

This argument, however, ignores the established rule in the Tenth Circuit that to hold a supervisor or a municipality liable, the section 1983 plaintiff must identify a predicate constitutional violation.

Section 1983 requires a municipal policy to have caused the constitutional injury before a municipality can be held liable.

Miranda v. City of Cornelius · filed 2005-11-16

To establish Defendants’ liability under section 1983, Plaintiffs “must demonstrate that action pursuant to official municipal policy of some nature caused a constitutional tort.” Berry v. Baca, 379 F.3d 764, 767 (9th Cir. 2004).

Section 1983 policy claims against a city and police chief cannot succeed when the officers’ conduct underlying those claims was lawful.

Coleman v. Rieck · filed 2005-11-16

Finally, we find that the district court did not err in granting judgment for the police chief and the city on the policy claims, following the jury’s verdict in favor of the individual officers. A verdict against the police chief or the city could not be harmonized with the jury’s finding that the officers did not use excessive force, or with the court’s determination that the search was legal.

Section 1983 does not impose liability on a sheriff’s office for a deputy’s acts under Florida’s alter ego theory without a governmental policy or custom.

Adcock v. Baca · filed 2005-11-17

Given our consideration and rejection of the claim in Brown, that Florida law attaches liability for deputies’ actions to a sheriff’s office even in the absence of a Monell policy or custom, the district court correctly dismissed the amended complaint, pursuant to this Court’s controlling law and Monell, for failure to state a claim and we affirm its refusal to attach Monell liability in this case.

Section 1983 requires a policy or custom attributable to a school board to hold the board liable for a constitutional violation; employees’ actions alone do not establish board liability.

C.N. v. Ridgewood Board of Education · filed 2005-12-01

The harder question in this case is whether the record could also support a finding that the Board and certain individual School Defendants intended for the survey to be involuntary in administration – in other words, whether it was Board policy to administer the survey as involuntary. Such a finding is necessary to hold the Board liable under § 1983, and to ensure that this case is not merely one of subordinates defying instruction.

Section 1983 permits municipal liability for a constitutional deprivation caused by a city policy or custom even when the officer who carried it out has qualified immunity.

Szabla v. City of Brooklyn Pk. · filed 2005-12-01

A city operating under a policy or custom that deprives people of their constitutional rights can be liable even though the officer who carried out the deprivation is entitled to qualified immunity.

Section 1983 permits a claim against a municipality when an official with final authority over the matter takes the challenged action as municipal policy.

O'MARA v. Town of Wappinger · filed 2005-12-02

A municipal corporation may be sued directly under Section 1983 for money, declaratory or injunctive relief where the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision that has been officially adopted and promulgated by the official or officials who, by virtue of state law, have “final authority” over a matter — that is, by an official whose edicts or acts may fairly be said to represent official municipal policy.

Section 1983 requires evidence connecting a municipality’s policies or practices to the alleged violation; an allegation of excessive force alone does not establish municipal liability.

Robinson v. District of Columbia · filed 2005-12-02

Such a claim, by itself, without any further evidence of how the policies and practices applied to- Robinson were inadequate or contrary to law, is insufficient to establish a Section 1983 claim against the District.

Section 1983 requires personal involvement for liability and does not permit respondeat superior liability.

Jenkins v. City of New York · filed 2005-12-08

To the extent that plaintiff asserts this cause of action under § 1983, he must show that the City itself caused the constitutional violations because, as discussed above, personal involvement is required for liability to be imposed under that section. For that reason, liability under § 1983 cannot be predicated on a theory of respondeat superior.

Section 1983 permits a claim against a municipality when its custom or policy causes deprivation of a constitutional right.

Spavone v. City of New York · filed 2005-12-08

In order to establish a claim against a municipality under section 1983, a plaintiff must show that the municipality’s custom or policy caused the deprivation of a constitutional right.

Section 1983 permits municipal liability for constitutional deprivations caused by an official policy, custom, or practice.

Gast v. Singleton · filed 2005-12-09

A city is not liable for the intentional torts of its employees under § 1983 unless an official policy, custom or practice led to those torts.

Section 1983 permits municipal liability only when a municipality’s policy or custom causes a constitutional violation.

Cruise Ex Rel. Cruise v. Marino · filed 2005-12-12

A municipality is liable under § 1983 only when a plaintiff can demonstrate that the municipality itself, through the implementation of a policy or custom causes a constitutional violation.

Section 1983 permits municipal liability when a constitutional injury is caused by an express policy, a settled custom, or a decision by a final policymaker.

Wade v. BRAVI · filed 2005-12-15

To establish municipal liability under § 1983, a plaintiff must show a claimed constitutional injury caused by: 1) an express policy of the municipality; 2) a widespread practice that is so permanent and well settled as to constitute a custom or usage with the force of law; or 3) a person with final policymaking authority made the decision.

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

Hare v. Zitek · filed 2005-12-15

The Village of Stickney can be held liable for violations of § 1983 only if it is the municipality’s policy or custom that caused the injury.

Section 1983 requires a plaintiff suing a municipality for its employees’ unconstitutional acts to show that a municipal policy, custom, or practice caused the injury.

Hand v. New York City Transit Authority · filed 2005-12-15

To prevail against a municipality in a Section 1983 action predicated on unconstitutional acts by city employees, a plaintiff must demonstrate her injury to have resulted from a municipal policy, custom, or practice.

Section 1983 does not permit municipal liability when no officer committed an underlying constitutional violation.

Keehner v. Dunn · filed 2005-12-16

As is the case with supervisory liability, “a municipality may not be held liable where there was no underlying constitutional violation by any of its officers.”

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

Norton v. City of Marietta · filed 2005-12-20

Plaintiff fails to identify any official policy or custom of the City which resulted in the deprivation of his constitutional rights.

Section 1983 permits municipal liability when a constitutional injury is inflicted pursuant to a city policy, regulation, custom, or usage.

Phillips v. City of Fairfield · filed 2005-12-21

Under Monell and its progeny, a plaintiff may hold a municipality liable under section 1983 if his injury was inflicted pursuant to city policy, regulation, custom, or usage. ... A plain reading of this phrase provides that it is the policy of the City of Fairfield to prohibit the use of excessive force. Therefore, plaintiffs’ claims based upon a formal policy allowing the use of excessive force are without merit.

Section 1983 municipal liability requires a policy or custom that caused the constitutional violation and amounted to deliberate indifference.

Smith v. Eggbrecht · filed 2005-12-23

To establish municipal liability, plaintiff must show that the violation of his constitutional rights was caused by a policy or custom of the City of Centerton, the implementation of which amounted to deliberate indifference to his constitutional rights.

Section 1983 permits a claim against a governmental entity when the decisionmaker had final authority to establish policy for the challenged action.

Glandon v. Keokuk County Health Center · filed 2005-12-23

To establish a claim against a governmental entity, as opposed to an individual state actor, it must be shown that "the decisionmaker possessed] final authority to establish municipal policy to the action ordered.” Pembaur v. City of Cincinnati, 475 U.S. 469, 481, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986). KCHC has also not disputed that Wolbers' action in terminating Glandon, ratified by the board of trustees, meets this standard.

Section 1983 requires an unconstitutional county policy or custom to hold a county liable for its employees’ conduct.

Ham v. Pennington County · filed 2005-12-30

Although Ham presented evidence that his condition worsened as a result of treatment delays, he did not allege an unconstitutional policy, and he did not present evidence establishing an unconstitutional custom, or pervasive misconduct, sufficient to hold the Pennington County Board of Commissioners liable.

Section 1983 permits county liability only when a county policy or custom causes a constitutional deprivation.

Hiles v. Franklin Cty. Bd. of Commrs., Unpublished Decision (12-30-2005) · filed 2005-12-30

Therefore, appellant can establish a Section 1983 claim against Franklin County only if it can prove that Franklin County implemented a policy or custom that deprived appellant's decedent of a constitutional right.

For municipal liability based on a policy under § 1983, the policy must cause the constitutional violation; a violation of the policy does not suffice.

Ms. K Ex Rel. S.B. v. City of South Portland · filed 2006-01-03

Defendants properly note that under § 1983, a Plaintiff must point to a policy, not a violation of a policy, as the source of the constitutional violation in order to attach liability. Plaintiff here fails to do so, and thus this Court does not find any liability stemming from a policy of the Defendants.

Municipal liability under § 1983 requires an underlying constitutional violation.

Alexander, Richard L v. City of South Bend · filed 2006-01-03

South Bend cannot be liable under Monell unless it violated a constitutional guarantee.

A municipality may face liability under § 1983 when evidence raises a factual issue that an adverse promotion decision resulted from a widespread discriminatory custom.

Stern v. City of New York · filed 2006-01-03

Plaintiffs opposition adduced evidence sufficient to raise an issue of fact as to whether the denial of a promotion for him by defendant City was due to a widespread discriminatory custom in violation of his civil rights (42 USC § 1983; ...).

Section 1983 municipal liability for inadequate police training or supervision requires a city policy or custom, or deliberate indifference to the rights of people police encounter.

Alexander v. City of South Bend, South Bend Police Department, Darrell Gunn, Individually and as Chief of the · filed 2006-01-03

Even if Alexander had shown a constitutional violation, Monell requires him to show that South Bend adopted a policy or had a custom of poor training or inadequate supervision. ... Alexander has cited no evidence of a custom or policy or of deliberate indifference.

Section 1983 permits a claim against a county only when its policy or custom causes a deprivation of a constitutional right.

Hiles v. Franklin Cty. Bd. of Commrs., Unpublished Decision (1-5-2006) · filed 2006-01-05

Therefore, appellant can establish a Section 1983 claim against Franklin County only if it can prove that Franklin County implemented a policy or custom that deprived appellant's decedent of a constitutional right.

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

Buel v. City & County of San Francisco · filed 2006-01-05

A plaintiff asserting a § 1983 claim against a municipality must make at least “a bare allegation that the individual officers’ conduct conformed to official policy, custom, or practice.”

Section 1983 does not make a municipality liable for a policymaking commission’s decision based solely on one member’s unconstitutional motive.

Campbell v. Rainbow City, Alabama · filed 2006-01-06

In order to find that the City is liable for such an alleged tort, however, we must find that the Planning Commission, the final policy maker, acted with the improper motive. ... An improper motive of one of the members of a nine-member Planning Commission is not imputed to the rest of the Commission.

Section 1983 permits suits against municipalities, but the plaintiff must plead specific, nonconclusory facts showing a deprivation of federally protected rights.

City and County of San Francisco v. Ballard · filed 2006-01-10

There is no question that a municipality can be sued under title 42 United States Code section 1983, but to state a federal civil rights cause of action, a plaintiff must plead specific and nonconclusory facts showing the defendant deprived the plaintiff of rights, privileges, or immunities secured by the federal Constitution and laws.

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

County of El Paso v. Dorado · filed 2006-01-11

A plaintiff may establish municipal liability under section 1983 by proving a violation of constitutional rights by an action pursuant to official municipal policy or pursuant to misconduct so pervasive among non-policy-making employees of the municipality as to constitute a custom or usage with the force of law.

A municipality cannot be liable for damages under § 1983 on a Monell theory without a constitutional injury.

Importante v. County of Los Angeles · filed 2006-01-11

Because we concluded above that Importante suffered no constitutional injury, his claim for damages from the County and the Sheriffs Department under Monell is foreclosed.

Section 1983 makes a municipality liable for an employee’s constitutional violation only when a municipal custom or policy caused it.

Ahern v. City of Syracuse · filed 2006-01-13

To establish liability under 42 U.S.C. § 1983 against a municipality for conduct by employees such as police officers, a plaintiff must show that the claimed constitutional violation resulted from a municipal custom or policy. ... Thus, the court cannot say that the challenged Regulation caused or inflicted the alleged excessive force against plaintiff, and the court declines to impute liability to the City on this basis.

A § 1983 claim against a city can survive summary judgment when evidence raises a genuine factual issue about whether the alleged discrimination resulted from a city policy or custom.

Lentz v. City of Cleveland · filed 2006-01-18

Accordingly, the Court concludes that if a jury finds that the Defendants’ conduct was discriminatory, sufficient evidence exists to raise an issue of material fact as to whether the alleged conduct was the product of a city policy or custom.

Section 1983 permits municipal liability only when enforcement of a municipal policy or custom was the moving force behind the alleged constitutional violation.

Beasley v. City of Sugar Land · filed 2006-01-19

Municipal liability may be imposed only when the enforcement of a municipal policy or custom was the “moving force” behind the alleged constitutional violation.

Section 1983 does not impose municipal liability solely through respondeat superior; the plaintiff must show a municipal policy or custom supporting the claim.

Lee v. McCue · filed 2006-01-20

Plaintiffs claims against the City of Mount Vernon must be dismissed, because plaintiff fails to present any evidence that the City had a policy, custom, pattern or practice of permitting arrests without probable cause or using excessive force. Under § 1983, a municipality cannot be held liable solely on a theory of respondeat superior liability.

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

Sornberger v. City Of Knoxville · filed 2006-01-20

A municipality "cannot be held liable solely because it employs a tortfeasor—or, in other words, a municipality cannot be held liable under § 1983 on a respondeat superior theory."

A municipality cannot be liable under § 1983 for failure to train when its employees did not deprive the plaintiffs of a constitutional right.

Dawson v. City of Seattle · filed 2006-01-24

Because we conclude that Lasby and Lee's search did not deprive Plaintiffs of any constitutional right, however, Plaintiffs cannot, as a matter of law, establish a valid § 1983 claim against King County.

Section 1983 permits municipal liability when a town board authorizes the challenged conduct by resolution, creating a genuine issue of fact about the basis for liability.

Davis v. Town of Hempstead · filed 2006-01-24

It is undisputed, however, that the Town Board issued a resolution providing the individual defendants authority to enter plaintiff’s property and destroy the garage and rack. ... We therefore cannot conclude that plaintiff has failed to raise a genuine issue of material fact concerning a basis for municipal liability.

Section 1983 permits municipal and official-capacity liability only when an official policy or custom causes a constitutional deprivation.

Mitchell v. City of Jackson, Mississippi · filed 2006-01-26

A governmental entity or municipality, as well as officers thereof acting in their official capacity, can be held liable under § 1983 only if an official policy or custom caused the deprivation of a constitutional right.

Section 1983 permits damages against a municipality only for its own actions, not vicariously for its officers’ conduct.

Molton v. City of Cleveland · filed 1988-02-01

Cleveland cannot be held vicariously liable under § 1983 for damages inflicted by its officers. Rather, the municipality may be required to respond in damages under § 1983 only for its own actions.

Section 1983 does not impose municipal liability for an official’s decision unless state law gives that official final policymaking authority in the relevant area of the municipality’s business.

Woods v. City of Michigan City, Ind. · filed 1988-04-14

Under Pembaur and Praprotnik, state law must provide a link to establish that the official was responsible for making policy in that area of the city’s business. Judge Keppen was the final policy-making authority to set bond schedules for the County of LaPorte. However, the court cannot take the leap urged.by the plaintiffs and find that his final policy-making authority related to the City’s business affairs.

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

Nelson v. City of Shreveport · filed 2006-01-27

A municipality may only be held liable if a municipal policy or custom caused the constitutional injury. ... We agree with the trial court that no evidence whatsoever was provided to suggest that the Shreveport Police Department or the City have any policy or custom in violation of 42 U.S.C. § 1983, and thus the trial court properly denied these claims.

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

Lynn v. Schertzberg · filed 2006-01-31

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