42 U.S.C. § 1983

Section 1983 permits municipal liability for employee misconduct when a formal or informal municipal policy or custom condones it.

Howard v. City of Robertsdale · filed 2006-02-09

Instead, liability arises when a municipal “custom” or “policy,” either formal or informal, condones employee misconduct.

Section 1983 requires a plaintiff seeking to hold a municipality liable for a custom or policy to identify the policy, connect it to the municipality, and show that its execution caused the injury.

Sigley v. Parma Heights · filed 2006-02-10

This Court has held that a plaintiff asserting a § 1983 claim on the basis of municipal custom or policy must identify the policy, connect the policy to the municipality itself, and show that the particular injury was incurred because of the execution of that policy.

Section 1983 permits municipal liability when an authorized final decisionmaker accepts a subordinate’s retaliatory recommendation.

Waters v. City of Chicago · filed 2006-02-15

In either event the assertedly retaliatory motive on the part of Stan Lee Kaderbek would have poisoned the final decision that accepted his recommendation, thus triggering Section 1983 liability on City’s part.

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

Harman v. City and County of San Francisco · filed 2006-02-22

To find a municipality liable under section 1983, a plaintiff must identify a municipal policy or custom that caused the constitutional injury.

Section 1983 permits damages against a municipality when its policy or custom causes a constitutional violation.

Taylor v. City of Yorba Linda · filed 2006-02-22

A municipality may be held liable for damages under 42 U.S.C. § 1983 for a policy, practice, or custom that causes a constitutional violation.

Section 1983 permits municipal liability when a constitutional deprivation causes the plaintiff’s harm and the municipality is responsible for the violation.

Schuenemann v. United States · filed 2006-02-23

Municipalities, which are considered “persons” under section 1983, may be liable for constitutional torts if two prerequisites are met: (1) the plaintiff’s harm was caused by a constitutional deprivation; and (2) the municipal entity is responsible for that violation.

Section 1983 does not support a failure-to-train or supervision claim against a police board when its officers committed no constitutional violation.

Walker v. Bonenberger · filed 2006-02-24

Because the officers committed no constitutional violation, the district court also was correct to dismiss the claim against the Board of Police Commissioners.

Section 1983 does not impose municipal liability when the city’s officers violated no constitutional right.

Jones Ex Rel. Estate of Jones v. Reynolds · filed 2006-02-27

That the officers did not violate Denise Jones’ constitutional rights eliminates any potential derivative liability of the City.

Section 1983 does not impose liability on a city for its officers’ conduct when the officers violated no constitutional right.

Jones v. Reynolds · filed 2006-02-27

That the officers did not violate Denise Jones' constitutional rights eliminates any potential derivative liability of the City.

Section 1983 requires a plaintiff suing a school district to identify an official policy, custom, or practice that caused the injury.

Ryan v. Shawnee Mission U.S.D. 512 · filed 2006-02-28

Defendants are correct that plaintiff must identify an official policy, custom, or practice that caused plaintiffs injury.

When a plaintiff offers no evidence of a municipal custom, § 1983 liability against a city requires evidence linking the alleged misconduct to official municipal policy.

Petricca v. City of Gardner · filed 2006-02-28

Based on the materials provided by Pe-tricca, the Court concludes that he cannot establish a successful § 1983 claim against the City. First, there is no persuasive evidence that any of the alleged misconduct of City officials rises to the level of a constitutional violation and second, there is a complete dearth of evidence linking any alleged misconduct to official City policy.

Section 1983 requires a plaintiff suing a municipality to show that a municipal policy or practice caused the constitutional violation.

Dupree v. City of New York · filed 2006-03-03

In order for a governmental entity to be liable, the plaintiff must show that an identified municipal practice or policy was the “moving force [behind] the constitutional violation.”

Section 1983 permits municipal liability for injuries caused by official policies or customs.

Propert v. District of Columbia · filed 1990-05-03

Monell expressly provides that a government may be liable under section 1983 for its official policies or customs.

A § 1983 claim against a county requires proof of an official policy, while a claim against individual officers does not necessarily require it.

Ruth Leshore, Etc. v. County of Worcester · filed 1991-10-01

Although her claim against the county would have required proof of an “official policy” not necessarily required for her claim against the two individuals, see Monell v. New York City Dep’t of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), the record reflects that the jail’s policy concerning suicide risks was covered exhaustively by the plaintiff at trial.

Section 1983 municipal liability requires an underlying violation by a municipal actor with high-level policymaking authority, rather than a low-level employee.

Delores Simmons, Administratrix of the Estate of Daniel La Friscoe Simmons v. The City of Philadelphia Police Officer A. · filed 1991-11-21

Because I have concluded that a municipality's section 1983 liability is conditioned on the liability of a municipal actor who is a high-level policymaker, as opposed to a low-level employee, I note that there is no danger that a municipality will be able, as plaintiff has contended, to insulate itself from liability through failing to train its employees.

Section 1983 requires factual support for a claim that a municipality had a policy or custom of inadequate supervision or training.

Hall v. H. R. Smith · filed 2006-03-07

Because Hall alleged no factual support for his conclusory statement that the City had a policy or custom of grossly inadequate supervision and training of its employees, the district court did not err in dismissing Hall’s claims against the City.

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

Wells v. City of Dayton · filed 2006-03-08

Plaintiffs can recover from Dayton under § 1983, only if they prove that a policy or practice of that municipality caused the constitutional deprivation allegedly suffered by Wells.

Section 1983 does not impose municipal liability for an official’s conduct when the official lacked authority to make the decision and the plaintiff cannot identify an unconstitutional municipal policy or custom.

Stomel v. City of Camden · filed 2006-03-10

In sum, because Mayor Milan did not possess the authority to terminate plaintiff's employment, and because plaintiff has been unable to point to any unconstitutional policy or custom engaged in by the City's governing body, plaintiff failed to make a prima facie showing of § 1983 liability against the City and that claim was properly dismissed.

An officer’s actions do not establish a municipal policy or custom under § 1983 when the officer lacks final policymaking authority.

Fedor v. Kudrak · filed 2006-03-14

O’Donoghue was also not a final policymaking official of the Town, and his actions would not constitute the adoption of a policy of custom.

Section 1983 permits a claim against a municipality that affirmatively adopts a policy causing a constitutional deprivation, even if state law required the policy.

Conroy v. City of Philadelphia · filed 2006-03-15

Nor does the prohibition against vicarious liability under 42 U.S.C. § 1983 preclude municipal liability under that statute in this case, since Ms. Conroy has adequately alleged that the City affirmatively adopted the testing policy, which was the moving force behind her alleged constitutional deprivation.

Section 1983 permits recovery from a governmental employer only when its policy or practice caused an employee’s constitutional deprivation.

CABANISS EX REL. CABANISS v. City of Riverside · filed 2006-03-20

A plaintiff can recover from a governmental employer under § 1983, only if she is able to prove that a policy or practice of that employer caused the alleged constitutional deprivation by its employees.

A municipality may be liable under § 1983 when its policy or custom causes a constitutional violation.

Durham v. City & County of Erie · filed 2006-03-22

A municipality may be liable under § 1983 if the Plaintiff proves that a policy or custom employed by the city resulted in a constitutional violation.

Section 1983 requires facts supporting an inference that a municipal policy, custom, or failure to train caused the alleged constitutional violation.

Aguilera v. County of Nassau · filed 2006-03-27

Here, when viewed in the light most favorable to the plaintiff, the complaint alleges no facts from which it can be inferred, even circumstantially, that a County custom or policy, or the County’s failure to train its officers, was the driving force of the plaintiffs alleged constitutional violation.

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

Davis v. Township of Paulsboro · filed 2006-03-27

When there is no underlying constitutional violation, there can be no local governmental or individual supervisory liability.

Section 1983 municipal liability requires an underlying constitutional violation.

Urbanique Production v. City of Montgomery · filed 2006-03-28

Municipal liability is foreclosed on Plaintiffs’ Fourteenth Amendment claim against the City because the court has concluded that no underlying equal protection violation was committed by Conway and Wingard as to the events at issue in this case.

A § 1983 claim against a school district requires an allegation that the challenged search followed an official policy or custom.

Carlson Ex Rel. Stuczynski v. Bremen High School · filed 2006-03-29

Although Plaintiffs’ complaint states a claim under § 1983 against Holman, it does not state a claim against any of the other Defendants. Plaintiffs have not alleged that they were searched pursuant to any official policy or custom of the School District, as required by Monell v. Dep’t of Soc. Serv., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).

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

Davis v. City of Albia · filed 2006-03-29

The basis of the City’s alleged liability was not expressly stated in the petition, but municipal liability under § 1983 would lie only if the City’s municipal policies or customs were responsible for the constitutional violations alleged. ... In the absence of any evidence tending to show that the alleged excessive force was the product of a unconstitutional municipal policy or custom the defendant City is entitled to summary judgment.

Section 1983 does not permit municipal liability based on respondeat superior; a municipality’s liability must rest on its own acts or omissions.

Zappone v. Town of Watertown · filed 2006-03-29

It is well established that there is no vicarious liability under 42 U.S.C. § 1983, and thus, the Town may not be held liable under a theory of respondeat superior.

Section 1983 does not permit municipal liability without a constitutional deprivation.

Jamison v. Storm · filed 2006-03-29

Because the Court concludes that there was no constitutional violation under the analysis discussed above, there is no municipal liability under section 1983.

Section 1983 does not permit municipal or supervisory liability absent a constitutional deprivation.

Tatum v. City and County of San Francisco · filed 2006-04-03

Absent a constitutional deprivation, neither Officers Garrity and Carr, nor the City and County of San Francisco may be held liable under § 1983.

Section 1983 permits municipal liability when an employee acts under an established policy or practice, a final policymaker causes the violation, or an authorized official ratifies a subordinate’s unconstitutional act.

Reilly v. City of Atlantic City · filed 2006-04-05

A municipality may be liable for the torts of its employees in one of three ways: First, the municipality will be liable if its employee acted pursuant to a formal government policy or a standard operating procedure long accepted within the government entity; second liability will attach when the individual has policy making authority rendering his or her behavior an act of official government policy; third, the municipality will be liable if an official with authority has ratified the unconstitutional actions of a subordinate, rendering such behavior official for liability purposes.

A city may be liable under § 1983 for deliberately enacting and enforcing an ordinance that violates due process without proof that its legislators knew it violated constitutional rights.

O'NEILL v. City of Philadelphia · filed 1993-03-29

To violate due process, it need not specifically intend to violate a person’s constitutional right; rather, it must deliberately — and not accidentally — do an act that violates a person’s constitutional right. Whether particular City Council members passed the Ordinance with actual consciousness that it violated due process is irrelevant.

Section 1983 can impose liability on a local public entity when an official’s civil rights violation carries out or furthers official policy; a factual dispute about that connection can preclude summary judgment.

Southern California Rapid Transit District v. Superior Court · filed 1994-11-30

Defendants do not dispute that when an official of a government agency acts in accordance with established policy, or acts in a way which fairly can be said to carry out or further official policy, then that governmental agency, as well as the official may be responsible under 42 United States Code section 1983 for an invasion of the civil rights of the plaintiff which result from the official’s acts. ... If he terminated them in retaliation for their report of such activity, it is not at all clear that such an apparent cover-up was not in furtherance of the District’s official policy.

Section 1983 permits municipal liability when a police chief's alleged conduct represents official municipal policy.

Columbia v. Sabo, No. Cv 92 0060552 (Mar. 15, 1995) · filed 1995-03-15

Construing this count in a light most favorable to the plaintiff, "it can be concluded that Sabo's alleged harassment and discrimination represented official municipal policy, sufficient to hold the city of Torrington liable under Sec. 1983."

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

Navarro v. Block · filed 1996-01-12

Under Monell v. Dept. of Social Services, 436 U.S. 658, 691, 98 S.Ct. 2018, 2035, 56 L.Ed.2d 611 (1978), municipalities may not be held liable under 42 U.S.C. Sec. 1983 "unless action pursuant to official municipal policy of some nature caused a constitutional tort."

Section 1983 does not permit municipal liability without an underlying constitutional violation by an officer or agent.

Tidik v. Ritsema · filed 1996-07-12

Without a predicate violation of a constitutional right by an officer or agent, there can be no municipal liability under section 1983.

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

Frails v. City of New York · filed 2006-04-06

Monell established that a municipal government may be held liable as a “person” under § 1983 for constitutional violations by its employees. The plaintiff must show that the violation resulted from an official policy or custom.

Section 1983 does not impose municipal liability solely because an employee acted unlawfully; the plaintiff must show a direct causal link between a municipal policy or custom and the alleged constitutional deprivation.

Walsh v. Town of Lakeville · filed 2006-04-10

No liability attaches to a governmental agency pursuant to a mere respondeat superior theory. ... Rather, there must be “a direct causal link between the municipal policy or custom and the alleged constitutional deprivation.”

When a city’s § 1983 liability rests on an official’s policymaking or the city’s ratification of his conduct, a barred claim against the official cannot be revived by also suing the city.

Manicki v. Brian Zeilmann and City of Ottawa · filed 2006-04-11

And if the second suit against Zeilmann is thus barred, the suit cannot be saved by the fact that the city is also named as a defendant. The city’s liability is derivative from Zeilmann’s, the contention being that either Zeilmann was a policymaker whose actions thus bound the city or that the city ratified his persecution of Manicki.

Section 1983 permits municipal liability for a hiring decision when a policy or custom causes a constitutional injury and the hire makes the particular injury plainly obvious.

Doe v. Magoffin County Fiscal Court · filed 2006-04-13

Although Patton may have been liable, the remaining defendants are not liable under § 1983 for Patton’s transgressions. Doe’s federal claims against the defendants regarding how Patton was hired fail as a matter of law because Patton’s background did not make it “plainly obvious” that Patton would rape Doe.

Section 1983 requires a plaintiff seeking to hold a municipality liable to allege a link between a constitutional violation and an identifiable municipal policy, practice, or custom.

Williams v. City of Mount Vernon · filed 2006-04-14

In order to hold a municipality or municipal agency liable under § 1983, a plaintiff must allege a link between the constitutional violation and an identifiable municipal policy, practice or custom.

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

Marable v. West Pottsgrove Township · filed 2006-04-19

A municipality may incur liability under § 1983 only when its policy or custom causes a particular constitutional violation.

Section 1983 liability against a local government requires an allegation that its policy or custom caused the constitutional injury.

Ariel B. v. Fort Bend Independent School District · filed 2006-04-20

Even if these allegations supported a finding of constitutional harm, Plaintiffs cannot state a claim under Section 1983 against Defendant, a governmental subdivision, absent an allegation that Defendant had a policy or custom that caused Plaintiffs’ constitutional injury.

Under § 1983, municipal liability based on a decisionmaker’s conduct requires final, unreviewable policymaking authority; influential recommendations alone do not establish that authority.

Dolly v. Borough of Yeadon · filed 2006-04-20

The fact that the Council sought the recommendations of the Mayor and apparently gave that recommendation “substantial deference” is their prerogative, but it does not change the conclusion that pursuant to the Borough Code, the Borough Council and not the Mayor, is the deeisionmaker with final, unreviewable discretion for the purposes of § 1983 liability.

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

Pourghoraishi, Ahmma v. Flying J Inc · filed 2006-04-20

To state a claim against a municipality under § 1983, a plaintiff must identify a municipal policy or custom that caused the injury.

Section 1983 does not impose respondeat superior liability on municipalities; municipal liability requires an official policy or custom.

Zinn v. City of Ocean Springs · filed 2006-04-25

The respondeat superior theory does not apply in actions against municipalities brought under section 1983. Id. "Municipal liability based on the actions of city officials, exists only where it can be shown that the officials acted in accordance with an official government policy or firmly entrenched in custom."

A city is liable under § 1983 only if an official municipal policy, practice, or custom caused a violation of the plaintiff’s constitutional rights.

Dotson v. City of San Antonio · filed 2006-04-25

Finally, the district court properly dismissed Lee’s Equal Protection claim under 42 U.S.C. § 1983 because Lee never alleged, and his summary judgment evidence fails to show, that “an official municipal policy, practice, or custom led to a violation of his constitutional rights.”

Section 1983 municipal liability requires evidence of a policy or custom of constitutional violations.

Horton v. County of Los Angeles · filed 2006-04-26

Horton’s Monell claim against the City of Los Angeles and the LACSD fails because Horton has not shown any evidence of a policy or custom of constitutional violations.

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

Couden v. Duffy · filed 2006-05-01

Plaintiffs have alleged no facts supporting the claim that policies or customs of the municipal defendants in this case caused the injuries alleged by plaintiffs. Summary judgment was therefore proper as to these defendants.

A Monell claim against a municipality under § 1983 requires a constitutional violation by its officers.

Halpern v. City of Santa Cruz · filed 2006-05-03

Because the officers did not deprive Halpern of his constitutional rights, the district court properly dismissed his Monell claim against the City of Santa Cruz.

Section 1983 official-capacity liability requires a direct causal link between a policy or custom and the constitutional injury.

Fairley v. Andrews · filed 2006-05-04

Finally, Plaintiffs must establish a direct causal link between the alleged code of silence and their constitutional injuries, namely, that the code of silence was the “moving force” behind their constitutional deprivation.

Section 1983 can subject a municipality to liability for a practice of conducting show-ups without considering whether the circumstances make them unconstitutionally suggestive.

Gregory v. City of Louisville · filed 2006-05-04

A municipality with a custom or practice of conducting show-ups without consideration of the circumstances therefore opens itself up to § 1983 liability.

Section 1983 requires a plaintiff suing a local government to show that its policy or custom caused the constitutional deprivation.

Ayala v. KC Environmental Health · filed 2006-05-08

To maintain a section 1983 claim against a local government, a plaintiff must establish the requisite culpability (a “policy or custom” attributable to municipal policymakers) and the requisite causation (the policy or custom as the “moving force” behind the constitutional deprivation).

Section 1983 municipal liability requires a city policy or custom to cause the alleged constitutional injury.

Hollywood Community Synagogue, Inc. v. City of Hollywood · filed 2006-05-10

However, even if the Court were to find such a policy existed, it is entirely unclear how this policy could have been the moving force behind the injuries suffered by the Synagogue. If anything, a policy of routinely granting Special Exceptions would be the proximate cause of the granting of a Special Exception for HCS, rather than the denial by the City. Thus, this policy is insufficient to establish municipal liability.

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

Daughenbaugh v. City of Tiffin · filed 1996-12-30

The plaintiff, in my view, has sued the City of Tiffin on the basis of respondeat superior, which is not permissible under 42 U.S.C. § 1983.

Section 1983 permits municipal liability only when a constitutional violation results from a municipal policy or custom.

Atlantic Used Auto Parts v. City of Philadelphia · filed 1997-03-07

The court refers unmistakably to a “two-path track to municipal liability” and states that “the municipality can only be liable” under § 1983 for constitutional violations that result from a policy or custom.

Section 1983 does not support municipal liability when the plaintiff establishes no basis for it.

Woodwind Estates, Ltd. v. Gretkowski · filed 1999-03-23

Specifically, we indicated that there was no basis for municipal liability, for punitive damages, nor for liability on the part of the Township Supervisors.

Section 1983 permits municipal liability when city officials with final decision-making authority directly participate in a conspiracy to violate constitutional rights.

Gilbrook v. City of Westminster · filed 1999-05-21

The juiy’s exoneration of Huntley has no effect on municipal liability, because the City was not held liable based on Huntley’s ratification of the disciplinary action against plaintiffs. Rather, municipal liability was imposed because City officials with final decision-making authority in personnel matters, Mayor Smith and City Council members Schweisinger and Lam, directly participated in the conspiracy to retaliate against plaintiffs.

Section 1983 does not make a municipality liable solely through respondeat superior; the injury must result from a municipal policy or custom.

Watts v. USPS · filed 2000-03-28

Specifically, we conclude Watts’s suit fails because, among other reasons, the named defendants are not liable, on the basis alleged, under either 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). See Monell v. Department of Soc. Servs., 436 U.S. 658, 691, 694 (1978) (municipalities cannot be held liable under § 1983 on respondeat superior theory unless injury was inflicted pursuant to execution of municipal policy or custom); Buford v. Runyon, 160 F.3d 1199, 1203 n.7 (8th Cir. 1998) (Bivens action cannot be premised on respondeat superior liability; defendants are liable for their personal acts only). Accordingly, we affirm.

A § 1983 plaintiff seeking to establish municipal liability must produce evidence showing a genuine issue for trial on that liability.

Harper v. Medical Section · filed 2000-10-24

Harper’s allegations do not meet his burden of producing ... regarding municipal liability.

A city is liable under § 1983 for an officer’s conduct only when a municipal policy or custom causes the constitutional injury.

Policky v. City of Seward, Neb. · filed 2006-05-25

It has not been shown that Officer Shook’s lieutenant was a final policymaker, even assuming that he approved the use of force to take Mr. Policky into custody. Nor is there any evidence that a municipal “custom” was the moving force behind Mr. Policky’s alleged injuries.

Section 1983 does not make a municipality liable merely because it employs the alleged wrongdoer.

Pourghoraishi v. Flying J, Incorporated, Steve Lindgren, Larry Williams, City of Gary, Indiana, Nakon Security, I · filed 2006-05-25

A municipality can have no liability under § 1983 simply because it employs the alleged wrongdoer.

Section 1983 does not make a municipality liable for an officer’s conduct through respondeat superior; municipal liability requires a policy or custom basis.

Doyle v. McFadden · filed 2006-05-26

Since respondeat superior is not applicable and a municipality cannot be held liable under § 1983 without a policy- or custom- type argument, the district court properly dismissed any claims that remained.

A municipality cannot be held liable under § 1983 when none of its officers committed an underlying constitutional violation.

Camuglia v. City of Albuquerque · filed 2006-05-31

Here, however, we have determined that there was no constitutional violation. “A municipality may not be held liable where there was no underlying constitutional violation by any of its officers.” Hinton v. City of Elwood, Kan., 997 F.2d 774, 782 (10th Cir. 1993). The City was therefore also entitled to summary judgment.

A plaintiff seeking to hold a municipality liable under Section 1983 must identify a municipal policy or custom that caused the injury.

Donnell v. City of Cedar Rapids, Iowa · filed 2006-06-01

The Supreme Court requires “a plaintiff seeking to impose liability on a municipality under § 1983 to identify a municipal ‘policy’ or ‘custom’ that caused the plaintiff’s injury.”

Section 1983 requires a plaintiff suing a municipality to allege an official policy or custom that caused the denial of a constitutional or statutory right.

Jackson v. Roslyn Board of Education · filed 2006-06-07

In order to maintain their claims against the defendants, the plaintiffs must allege an official policy or custom that caused them to be subjected to the denial of a constitutional or statutory right.

A Section 1983 claim against a city requires evidence that its police acted through an official policy or custom to violate the plaintiff’s rights.

Deboer v. City of Olympia · filed 2006-06-07

The district court properly granted summary judgment as to DeBoer’s claim against the City of Olympia under 42 U.S.C. § 1983. DeBoer presented no evidence that the City of Olympia police acted through an official policy or custom to violate his constitutional rights.

Section 1983 municipal liability based on employees’ actions requires proof that the employees inflicted constitutional harm.

Johnson Ex Rel. Smith v. City of Lincoln Park · filed 2006-06-08

It is well-settled that where a municipality’s liability is alleged on the basis of the unconstitutional actions of its employees, it is necessary to show that the employees inflicted a constitutional harm.

Section 1983 imposes municipal liability when a municipal custom or policy of deliberate indifference causes and is the moving force behind a constitutional deprivation.

Carroll v. City of Quincy · filed 2006-06-09

For a plaintiff to prevail on a claim of municipal liability under § 1983, he must establish 1) there existed a municipal custom or policy of deliberate indifference to the commission of constitutional violations and 2) that custom or policy was the cause of, and moving force behind, the particular constitutional deprivation of which he is complaining.

Section 1983 permits a claim against a county when allegations that its officials blocked communications to other county officials sufficiently plead a government custom that deprived plaintiffs of federal rights.

Ferrone v. Onorato · filed 2006-06-13

In alleging that Defendant Onorato, the Chief Executive of Allegheny County and Defendant Davin, the Director of the Department of Economic Development, have blocked e-mails they have sent to other County officials, Plaintiffs have alleged a government custom which implicates rights guaranteed to them under the First Amendment of the United States Constitution.

Section 1983 does not make a municipality vicariously liable when there is no evidence of wrongdoing by its employees.

Healy, Dennis v. City of Chicago · filed 2006-06-16

In the absence of evidence of wrongdoing carried out by City employees, the City may not be held vicariously liable.

A school district can be liable under § 1983 for its employees’ acts only if those acts resulted from an official policy.

Teague v. Texas City Independent School District · filed 2006-06-16

Appellant did not produce evidence that the alleged excessive force resulted from an official policy of TCISD, a precondition of it being liable for the acts of its employees under section 1983.

Section 1983 does not permit a municipality to be held vicariously liable when there is no evidence of wrongdoing by its employees.

Healy v. City Of Chicago · filed 2006-06-16

In the absence of evidence of wrongdoing carried out by City employees, the City may not be held vicariously liable.

A municipality is liable under § 1983 only if an official policy or custom causes a deprivation of federal rights.

Frazier v. City of Norfolk · filed 2006-06-16

The Monell doctrine of municipal liability under 42 U.S.C. § 1983 is well settled: a municipality is only liable under § 1983 if it causes a deprivation of federal rights through an official policy or custom.

Section 1983 permits municipal liability only for constitutional violations occurring pursuant to an official policy or custom.

Hart v. Parks · filed 2006-06-19

Under Monell, a municipality may be held liable under § 1983 only for constitutional violations occurring pursuant to an official government policy or custom.

Section 1983 permits municipal liability when a policy made by an official with final policymaking authority causes a constitutional violation.

Hansen v. Williamson · filed 2006-06-20

To prevail on this claim, Plaintiff must establish that he suffered a constitutional violation pursuant to the municipal policy of an official with final policymaking authority, as opposed to a municipal policy or custom directly attributable to the City.

Section 1983 does not impose liability on a municipality when none of its officers violated a constitutional right.

Graves v. Thomas · filed 2006-06-21

In addition, a municipality may not be held liable where there was no underlying constitutional violation by any of its officers.

Section 1983 permits municipal liability for a single constitutional violation by an official with final policymaking authority.

Kodrea v. City of Kokomo, Ind. · filed 2006-06-22

A single constitutional violation by a person with final policymaking authority may trigger liability under § 1983.

Section 1983 requires a plaintiff seeking to recover from a municipality to prove that the municipality itself caused the constitutional violation; respondeat superior does not apply.

Adair v. Charter County of Wayne · filed 2006-06-22

To recover against a municipality, the plaintiff must prove that the municipality itself caused the constitutional violation; respondeat superior does not attach under Section 1983.

A county cannot be liable under § 1983 when none of its officers violated the plaintiff’s constitutional rights.

Tanner v. County Of Lenawee · filed 2006-06-22

Because none of the individual officers violated the Tanners constitutional rights, the claims against Lenawee County necessarily fail as a matter of law.

Section 1983 permits municipal liability when a municipality’s action constitutes its policy or practice and is the moving force behind a constitutional violation.

Hollywood Community Synagogue, Inc. v. City of Hollywood · filed 2006-06-26

The Court has, moreover, already determined that this single act of denying HCS’s application constituted a municipal policy or practice sufficient to invoke municipal liability. The Court further finds that this denial pursuant to an unconstitutional ordinance was the moving force behind the violation of Plaintiffs constitutional rights. Finding no genuine issues of material fact as to this claim, the Court concludes that Plaintiff HCS is entitled to summary judgment as to the portions of Counts I and II in which Plaintiff claims that the City violated its constitutional rights through the single act of the Commission’s denial of a Special Exception.

Section 1983 municipal liability requires facts showing a direct causal link between a city policy or custom and the denial of rights.

Gilliam v. City of Fort Worth Texas · filed 2006-06-26

Gilliam has not alleged facts to show a “direct causal link” between a policy or custom of Fort Worth and the denial of his rights.

Section 1983 permits municipal liability when an express policy, widespread custom, or decision-maker’s deliberate act proximately causes the deprivation of a federal right.

Davis, Deidre v. Cook County · filed 2006-06-28

To establish Cook County’s liability under 42 U.S.C. § 1983, the plaintiff was required to show that Davis was deprived of a federal right, as a result of an express munici- pal policy, widespread custom, or deliberate act of a decision-maker for Cook County, which proximately caused his injury.

Section 1983 permits municipal liability when a municipal policy, widespread custom, or deliberate act of a municipal decision-maker causes the deprivation of a federal right and the resulting injury.

Davis v. Carter · filed 2006-06-28

To establish Cook County’s liability under 42 U.S.C. § 1983, the plaintiff was required to show that Davis was deprived of a federal right, as a result of an express municipal policy, widespread custom, or deliberate act of a decision-maker for Cook County, which proximately caused his injury.

Section 1983 requires a municipal policy or custom to cause the alleged constitutional violation for the municipality to be liable.

Aguirre v. City of West Covina · filed 2006-06-30

Viewed in the light most favorable to Appellants, this testimony would not permit a reasonable finder of fact to conclude that a municipal policy or custom caused Officer Davis’s allegedly unconstitutional conduct.

Section 1983 permits municipal liability when a municipal policy or custom is the moving force behind an employee’s constitutional violation; an isolated arrest alone does not establish such a policy.

Robinson v. White County, AR · filed 2006-07-03

A municipality may be liable under § 1983 for the unconstitutional acts of its employees if some “municipal ‘policy’ or ‘custom’” was the moving force behind the constitutional violation. ... There is no evidence in the record, beyond Robinson’s isolated arrest, White County had any policy, official or otherwise, of unlawfully arresting persons for careless driving.

Section 1983 permits municipal liability only when a constitutional violation occurs and the municipality is responsible for it.

Burr v. Burns · filed 2006-07-07

Thus, a municipality may only be held liable under Section 1983 when (1) a constitutional violation has occurred and (2) the municipality “is responsible for that violation.”

Section 1983 permits a municipal liability claim to proceed when the complaint alleges failures to train, supervise, and investigate, and a policy of deliberate indifference that caused the injury.

Brown v. City of Memphis · filed 2006-07-07

Plaintiffs here allege a general failure by the City to train and supervise its employees, a general failure to investigate serious allegations of wrongdoing, and a underlying policy of deliberate indifference which served as the motivating force behind Defendant Sease’s actions. Since Plaintiffs have stated a viable claim under the requirements of § 1983, motion to dismiss this claim against the City of Memphis is DENIED.

Municipal liability under § 1983 requires conduct attributable to an official policy; council inaction did not establish such a policy without tacit approval of the conduct.

Taylor v. City of Falmouth · filed 2006-07-10

The district court held, and we agree, that § 1983 liability cannot be imputed to the municipality of Falmouth. ... The totality of the events Taylor has alleged cannot be said to represent “official policy.”

Section 1983 claims against a county require factual allegations of a policy or custom attributable to the county.

Richards v. Pennsylvania · filed 2006-07-12

Richards’ claims against Allegheny County and the Allegheny County Jail fared no better as the Magistrate Judge properly concluded that appellant failed to set forth any factual allegations regarding a policy or custom attributable to either the county or the correctional facility as required by Monell v. New York City Dep’t of Social Servs., 436 U.S. 658, 694 (1978).

Section 1983 municipal liability requires an express policy, a widespread practice, or action by a final policymaker; one employee’s transfer alone does not establish such liability.

Gonzales v. Cook County Bureau of Administration · filed 2006-07-18

Thése allegations are not enough to show Monell liability for Cook County. Gonzales has presented no admissible evidence, other than the inference from the fact that he himself was transferred, that Cook County has an express policy or widespread practice of transferring employees who complain about corruption. He has also presented neither evidence nor argument that Rivera has final policy-making authority for Cook County.

A municipality may be liable under § 1983 for a single act when a municipal policymaker made the decision.

Koltonuk v. Borough of Laureldale · filed 2006-07-18

Thus, since the decision to file criminal charges against Koltonuk was a single act, in order for the Borough to be liable under § 1983 the decision must have been made by a Borough policymaker.

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

Sampson v. Town of Salisbury · filed 2006-07-20

Under § 1983, a local government faces liability only when a municipal custom or policy causes the alleged constitutional deprivation. ... Plaintiffs have offered no evidence that the Town of Salisbury had an official policy or custom that violated, or was deliberately indifferent to, Plaintiffs’ constitutional rights.

Section 1983 permits municipal liability for an employee’s constitutional tort only when the conduct implements an official policy or practice.

Hill v. Kutztown · filed 2006-07-26

A municipality may not be held liable under §1983 for the constitutional torts of its employees by virtue of respondeat superior. Rather, a municipality may be held liable for the conduct of an individual employee or officer only when that conduct implements an official policy or practice.

Section 1983 permits municipal liability for an employee’s constitutional tort only when the conduct implements an official policy or practice.

Hill v. Borough of Kutztown and Gennaro Marino, Mayor of Kutztown, in His Individual and Official Capacity · filed 2006-07-26

A municipality may not be held liable under § 1983 for the constitutional torts of its employees by virtue of respondeat supeñor. Rather, a municipality may be held liable for the conduct of an individual employee or officer only when that conduct implements an official policy or practice.

Section 1983 permits liability for a local government’s unconstitutional policy, but not for an error implementing a valid policy.

Hernandez, Emiliano v. Sheahan, Michael · filed 2006-07-26

The only remaining defendants are the City and the Sheriff’s Department, however, and units of government can be liable under §1983 only for unconstitu- tional policies, as opposed to errors in the implementation of valid policies.

A Section 1983 municipal-liability claim need not allege specific prior incidents of excessive force to survive a motion to dismiss.

James v. Frederick County Public Schools · filed 2006-08-01

Contrary to the FPD’s assertion, that she has not also alleged facts about other specific incidents of excessive force against children is not fatal at the motion to dismiss stage.

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

Sanford v. Stiles · filed 2006-08-02

There is no respondeat superior theory of municipal liability, so a city may not be held vicariously liable under § 1983 for the actions of its agents.

Section 1983 permits a suit against a municipality when the allegedly unconstitutional action implements an official policy or governmental custom.

Sullivan v. Village of McFarland · filed 2006-08-03

Local governing bodies, such as defendant Village of McFarland, may be sued under 42 U.S.C. § 1983 only when their allegedly unconstitutional actions were the result of the implementation or execution of a “policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers” or were undertaken “pursuant to governmental custom, even [though the] custom has not received formal approval through the body’s official decisionmaking channels.”

Section 1983 does not impose municipal liability when the plaintiff has established no constitutional violation.

Miller v. Harget · filed 2006-08-04

Because Mr. Miller has failed to establish that his constitutional rights were violated, he has necessarily failed to establish the City’s liability.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show that its policy or custom supported the alleged violation of rights.

White v. Ottinger · filed 2006-08-09

To succeed on these claims under 42 U.S.C. § 1983, White must demonstrate that Montgomery County and the Montgomery County Prison Board had a policy or custom that supported the alleged violations of his rights.

A § 1983 claim against a county fails when none of its officers violated the plaintiff’s constitutional rights.

Howard Ex Rel. Estate of Howard v. Bayes · filed 2006-08-09

Because none of the individual officers violated Howard’s constitutional rights, the claim against Magoffin County fails as a matter of law.

Section 1983 permits municipal liability when a constitutional injury is inflicted through a government policy or custom; an unsupported assertion of such a policy cannot sustain the claim.

Jones v. City of Atlanta · filed 2006-08-09

A local government is liable to a § 1983 plaintiff for actions of the government’s agents when a constitutional injury was inflicted in execution of the government’s policy or custom. ... But the Joneses cite no record evidence in support of this assertion. Therefore, they cannot maintain their § 1983 claims against the City of Atlanta.

Section 1983 permits a claim against a school board when the complaint sufficiently alleges that its policy or custom caused a constitutional violation.

Doe v. Faerber Ex Rel. Estate of Faerber · filed 2006-08-14

Under § 1983, governmental entities may not be held liable under a theory of respondeat superior, but instead may only be held liable for the execution of a governmental policy or custom. ... Applying these principles, the Court finds that plaintiff has sufficiently stated § 1983 claims against the School Board.

Section 1983 permits liability against a local government or officials sued in their official capacities only when a government policy or custom caused the deprivation of federal rights.

Dennes v. Dunning · filed 2006-08-15

On the pleadings presented, Dennes failed to state a claim against Douglas County (and the other defendants in their official capacities) because she failed to allege any official policy or custom which inflicted the alleged injuries or deprivations of federal rights.

Section 1983 requires a plaintiff suing a county or its agency to allege a policy or custom that directed or caused a constitutional deprivation.

Orama v. New Jersey · filed 2006-08-17

To state a claim against a county or its agency under § 1983, the plaintiff must allege a policy or custom promulgated by that body’s officers that directed or caused a constitutional deprivation.

A plaintiff seeking to hold a municipality liable under § 1983 must establish a policy, practice, or custom that could give rise to liability.

Hoffman Ex Rel. Estate of Hoffman v. Borough of Avalon · filed 2006-08-22

Therefore, Plaintiff has fallen well short of carrying her burden to establish a policy, practice, or custom that could render Avalon liable under § 1983.

A county is liable under Section 1983 only when a constitutional violation was caused by a government policy or custom.

Whitewater v. Goss · filed 2006-08-23

Liability can be imposed on the County only if (1) a constitutional violation occurred, see City of Los Angeles v. Heller, 475 U.S. 796, 799 (1986) (per curiam), and (2) the violation was caused by a government policy or custom, see Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694 (1978).

A city cannot be liable under § 1983 when the involved officer committed no underlying constitutional violation.

ANAGNOS v. Hultgren · filed 2006-08-23

Having decided that Plaintiffs are not entitled to relief under 42 U.S.C. § 1983 from Officer Finneral, this court finds that Plaintiffs cannot recover from the City of Lowell (“the City”) under § 1983.

A Section 1983 claim against a police department requires evidence that a department practice or policy deprived the plaintiff of civil rights.

Guilford v. Las Vegas Metropolitan Police Department · filed 2006-08-28

The district court properly granted summary judgment on Guilford’s 42 U.S.C. § 1983 claims against the police department because he did not raise a triable issue of fact as to whether the department had any practice or policy that deprived him of his civil rights.

A city may be liable under § 1983 when its policy, custom, or usage causes a deprivation of federal rights.

M.K.B. v. Eggleston · filed 2006-08-29

Put another way, the plaintiffs have made a clear and substantial showing that the City itself was the “moving force” behind the violations of plaintiffs’ federal and state rights, and is therefore liable under § 1983 and cognate state statutes.

Section 1983 does not make a city liable for the conduct of the state court system.

Hull v. City of Santa Fe · filed 2006-08-30

As an initial matter, we hold, as we did before, see Hull, 113 F. App’x at 302, that the City of Santa Fe cannot be held liable for the conduct of the state court system, and that even if Ms. Hull had sued the proper defendant, this Court would lack subject matter jurisdiction over the claim under the Rooker-Feldman doctrine.

Section 1983 requires a plaintiff seeking municipal liability for an official’s acts to establish that the official was a municipal policymaker.

Emmert Industrial Corp. v. City of Milwaukie · filed 2006-08-30

This argument is unpersuasive; the burden is on Emmert to prove, or on summary judgment establish a material question of fact, that the conduct complained of was that of a municipal policymaker.

Section 1983 does not impose liability on a local government for a sheriff’s deputies’ acts when the sheriff does not make law enforcement policy for that government.

Beaulah v. Muscogee County Sheriff's Deputies · filed 2006-08-31

Because there is no evidence that Columbus controls sheriffs law enforcement policies with regard to Metro operations, the Court cannot find that the sheriff acts as a policymaker for Columbus. Therefore, Columbus cannot be held liable under § 1983 for the acts and policies of the sheriff and his deputies, and Columbus is entitled to summary judgment on Plaintiffs’ § 1983 claims.

Section 1983 failure-to-supervise and municipal failure-to-train claims require an underlying constitutional violation.

FRY EX REL. ESTATE OF FRY v. City of Galena · filed 2006-09-12

Ms. Fry also seeks to impose § 1983 liability against Chief Abram for a failure to supervise and against the City for failure to instruct, train, supervise, and control. An essential element of these claims is an underlying constitutional violation. ... Accordingly, the court’s conclusion that defendants Deputy Corbit and Officer Norman did not use excessive force in violation of the Fourth Amendment prevents a § 1983 claim against these remaining defendants.

Section 1983 permits a claim against a municipality when the plaintiff alleges facts supporting an inference that a policy, custom, or failure to train caused a constitutional violation.

Aguilera v. County of Nassau · filed 2006-09-18

In order to state a claim against the municipality, the plaintiff must allege that the constitutional violation was a result of municipal “policy or custom.” ... Here, viewing the allegations in the amended complaint in the light most favorable to the plaintiff, the plaintiff has satisfied its burden.

Section 1983 requires proof of a responsible policymaker and a governmental policy or custom that proximately caused the alleged injury to hold a county liable.

Price v. Jefferson County · filed 2006-09-20

Therefore, because Price has introduced no evidence of a responsible policymaker or a constitutionally infirm governmental policy or custom that proximately caused her purported injuries, the County is entitled to summary judgment on Plaintiff's claims under § 1983.

Section 1983 municipal liability requires an underlying constitutional violation; without one, a Monell claim fails.

Febres v. City of New York · filed 2006-09-22

Nonetheless, where a plaintiff fails to plead an underlying constitutional violation, any corresponding cause of action against the municipality will necessarily fail, since a Monell claim is only actionable where some constitutional violation actually occurred.

Section 1983 makes a county liable for an employee’s acts only when the employee was carrying out a county policy or custom that caused a rights violation.

KASHAKA v. Baltimore County, Maryland · filed 2006-09-27

Counties and other local government bodies cannot be held liable under § 1983 under a theory of respondeat superior. Counties may, however, be held liable for the acts of individual defendants if those defendants were executing an official policy or custom of the County that resulted in a violation of a plaintiffs rights.

Section 1983 permits municipal liability when an official with final policymaking authority ratifies a subordinate’s unconstitutional action and its basis.

Dew v. City of Scappoose · filed 2006-09-27

The Court has explained that the proper focus in a section 1983 action against a municipality is on whether the policies or customs of the municipality caused the injury. ... A factfinder could also infer, from the fact that Gillham actually terminated plaintiff and from the statement of at least one city council member that he approved of that decision, that Gillham received the council’s approval to terminate plaintiff and that the council thereby ratified the termination. Because there are triable issues of fact on plaintiffs first claim, summary judgment was improper, and we need not address the parties’ other arguments about possible bases of municipal liability.

Section 1983 permits a municipal liability claim to proceed when evidence could show that the city knew or should have known of officers’ unlawful practices and was deliberately indifferent to them.

Chancellor v. City of Detroit · filed 2006-09-29

Consequently, taking the facts in the light most favorable to Plaintiff, Plaintiff has provided sufficient evidence for a reasonable juror to conclude that Defendant City of Detroit knew or should have known about the unlawful actions and police methods of certain officers, and that the City was deliberately indifferent to these actions. Therefore, summary judgment in favor of the City of Detroit is improper, and this Court overrules the City’s objections.

Section 1983 does not make a municipality liable merely because it employs a person who caused an injury; municipal liability requires injury attributable to the municipality’s own actions.

Kline Ex Rel. Arndt v. Mansfield · filed 2006-09-29

Respondents correctly note that Monell rejects government liability based on the respondeat superior doctrine in actions brought under section 1983. Thus, a municipality may only be held liable for the injuries directly attributable to its actions, and not merely because it employs a tortfeasor such as Mr. Mansfield.

Section 1983 permits liability for a single decision by an official with final authority to set policy for that decision.

Briggs v. Waters · filed 2006-10-03

Liability may attach, however, for a single decision or violation by a person who possesses “final authority to establish municipal policy with respect to the action ordered.” ... Thus, Sheriff Defendants may be held liable under § 1983 for the acts of Waters.

Section 1983 municipal liability requires a constitutional injury caused by a municipal policy or custom, attributable to a policymaker who was deliberately indifferent or knew of and acquiesced in it.

Glass v. City of Philadelphia · filed 2006-10-10

Therefore, as to each of plaintiffs’ three allegations as a basis of municipal liability, plaintiffs must: identify the constitutional right at issue, identify the policy or custom at issue, identify the policymaker, demonstrate deliberate indifference or evidence of knowledge and acquiescence by the policymaker and demonstrate causation.

Section 1983 permits municipal liability for a widespread, settled custom that policymakers know of, or should know of, but fail to stop.

Bisbal-Ramos v. City of Mayagüez · filed 2006-10-11

Even in the absence of a positive decision by the municipality or its policymakers, a municipality may be liable under § 1983 where a custom or practice is so "well-settled and widespread that the policymaking officials of the municipality can be said to have either actual or constructive knowledge of it yet did nothing to end the practice."

Section 1983 municipal liability requires a city policy that led to a deprivation of constitutional rights.

Vatansever v. New York City · filed 2006-10-11

... and the City did not promote any policies that led to a deprivation of Vatansever’s constitutional rights, see Batista v. Rodriguez, 702 F.2d 393, 397 (2d Cir.1983).

Section 1983 liability against a county or sheriff in an official capacity requires an official policy or custom that caused the constitutional violation.

Riley v. Jackson County Sheriff's Department · filed 2006-10-13

Summary judgment was proper in the instant case because Riley has not established that an official policy or custom caused his alleged constitutional violation.

Section 1983 permits municipal liability when the alleged injury results from a municipal policy or custom.

Shade v. City of Middletown · filed 2006-10-17

Although § 1983 does apply to municipalities and local governments, ... But, in this case, the plaintiff can point to no “policy or custom” of the City of Middletown that would countenance, much less encourage, unconstitutional treatment of pretrial detainees.

Section 1983 municipal liability requires evidence that an official policy or custom caused a cognizable injury.

Brown v. City of Royal Oak · filed 2006-10-18

Brown has not provided evidence from which a jury could conclude that the Defendants refused or failed to prevent any of the harms of which he complains, or that Brown suffered any cognizable injury as the result of an official policy or custom of the City pursuant to which the individual Defendants acted or failed to act, or that any of the Defendants had or exercised any supervisory authority over any other of the Defendants as alleged in Count II.

Section 1983 does not impose municipal liability under Monell unless the underlying constitutional claim is viable.

Jackson, Charles R. v. City of Joliet · filed 2006-10-18

However, the City is not liable under Monell unless Jackson’s constitutional claims are viable.

Section 1983 requires an official municipal policy or custom to hold a local government liable for a constitutional injury inflicted by its employees or agents.

315-321 Realty Co. v. City of New York · filed 2006-10-24

A local government may not be sued under section 1983 for a constitutional injury inflicted by employees or agents not acting pursuant to official municipal policy or custom (see Monell v New York City Dept, of Social Servs., 436 US 658, 694 [1978]; Brown v State of New York, 89 NY2d 172, 185 [1996]).

Section 1983 permits liability against municipal defendants and officials sued in their official capacities only when a violation of federal rights results from an official policy or custom.

Algarin v. NEW YORK CITY DEPT. OF CORRECTION · filed 2006-10-30

Turning next to the motion for summary judgment made by the DOC, the New York City Health and Hospitals Corporation ("HHC"), and the individual City-employed doctors acting in their official capacities (collectively, the "City defendants"), it is well settled that such defendants may only be liable under § 1983 if their violation of plaintiffs federal rights — here, the right not to be deprived of liberty without due process — resulted from an official policy or custom.

Section 1983 permits liability against municipal entities and officials sued in their official capacities only when a violation of federal rights results from an official policy or custom.

Algarin v. New York City Department of Correction · filed 2006-10-30

Turning next to the motion for summary judgment made by the DOC, the New York City Health and Hospitals Corporation (“HHC”), and the individual City-employed doctors acting in their official capacities (collectively, the “City defendants”), it is well settled that such defendants may only be liable under § 1983 if their violation of plaintiffs federal rights— here, the right not to be deprived of liberty without due process — resulted from an official policy or custom.

Section 1983 does not impose municipal liability when the officer caused no constitutional injury.

DeMerrell v. City of Cheboygan · filed 2006-10-31

Accordingly, because Officer White is entitled to summary judgment because there was no constitutional violation, Plaintiff-Appellant’s claim against the city must also fail.

Section 1983 permits municipal liability based on an official policy or custom, but the plaintiff must provide evidence that it caused a deprivation of rights.

Burbage v. City of Wilmington · filed 2006-11-08

Municipal liability under 42 U.S.C. § 1983 can be premised upon a government custom or official policy. ... Beyond a bald assertion, plaintiff has failed to put forth any evidence regarding an official policy or custom on behalf of the City of Wilmington or the Wilmington Police Department which caused a deprivation of his constitutional rights. Accordingly, the claims against defendants City of Wilmington and Wilmington Police Department are dismissed.

Section 1983 permits liability where deliberate indifference to widespread abuse establishes a policy of inaction and tacit authorization.

Henderson v. Walled Lake · filed 2006-11-16

While evidence of deliberate indifference in the face of widespread abuse may indeed establish a policy of inaction and tacit authorization, the instant record, as detailed above, simply does not substantiate a finding of deliberate indifference.

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

Doe v. Village of Mamaroneck · filed 2006-11-20

A municipality can be held liable under 42 U.S.C. § 1983 where a policy, custom or practice caused the deprivation of the plaintiffs’ constitutional rights. ... Accordingly, the Village of Mamaroneek is liable for the equal protection violations under § 1983.

A § 1983 municipal liability claim can survive dismissal when facts consistent with the complaint could show that policymakers ordered or ratified subordinates’ unconstitutional conduct or knowingly ignored it.

Alger v. County of Albany, New York · filed 2006-11-21

Although the Complaint is somewhat vague and does not allege many facts concerning municipal liability, it need not do so. There may be facts consistent with the Complaint that, if true, would demonstrate that higher ranking officials with policymaking authority ordered or ratified the conduct of the subordinates or were aware of their subordinates’ unconstitutional actions and chose to ignore them. ... It, therefore, cannot be said that, at this early stage of the litigation, Plaintiff could prove no set of facts demonstrating municipal liability.

Municipal liability under § 1983 requires an actionable constitutional deprivation.

Holz v. City of Sterling Heights · filed 2006-11-21

No matter what the theory, the plaintiff must first prove an actionable constitutional deprivation. Here, as noted, the officers’ conduct was not unreasonable. As a consequence, there has been no constitutional deprivation as that term has been defined under section 1983 and therefore no basis for municipal liability here.

Section 1983 permits liability against a board when members acting with an improper motive supply the votes necessary for its challenged decision.

Scarbrough v. Morgan County Board of Education · filed 2006-11-22

Applying the “but for” approach here, Scarbrough has submitted enough evidence to hold the Board itself liable. He has submitted evidence showing Lively, Strand and Spurling voted with improper motivation. The Board would not have taken the action it did were it not for their votes. Thus, the Board is not entitled to summary judgment on this issue.

Section 1983 permits municipal liability only when the municipality’s official policy causes the constitutional violation.

Thorne v. Steubenville Police Officer · filed 2006-11-28

Municipal entities can be held liable under 42 U.S.C. § 1983 only where the alleged constitutional violation is caused by the entity’s official policy.

Section 1983 municipal liability requires factual support for an official policy or a longstanding practice or custom that sanctioned the unlawful conduct.

Vlasak v. Las Vegas Metropolitan Police Department · filed 2006-11-29

With respect to the Vlasaks’ municipal liability claim, they point to no official policy employed by LVMPD, and they have not provided any factual support for the contention that LVMPD sanctioned an unlawful “longstanding practice or custom which constitutes ... standard operating procedure.” ... Thus, summary judgment on the municipal liability claim dismissing LVMPD was proper.

Section 1983 does not make a city vicariously liable for its officers; municipal liability requires an unconstitutional policy or custom, or deliberate indifference in its training program.

Gomez v. City of Whittier · filed 2006-11-30

The City is entitled to summary judgment on all of plaintiffs’ § 1983 claims because it cannot be held vicariously liable for the officers’ actions and plaintiffs fail to raise a genuine issue of material fact that the officers’ conduct was pursuant to an unconstitutional policy or custom, or the result of the City’s deliberate indifference to an inadequate training program.

Section 1983 does not impose respondeat superior liability on municipalities; a plaintiff must establish a constitutional violation by the municipality itself.

Hernandez v. City of Pomona · filed 2006-12-06

The doctrine of respondeat superior does not apply to an action brought under section 1983. [62] In order to establish a municipality's liability the plaintiff must establish a constitutional violation by the municipality itself, for example a departmental regulation authorizing the use of constitutionally unreasonable force.

Section 1983 does not make a municipality liable for an employee’s conduct solely because of the employment relationship.

Valentine Foundation v. Uphoff · filed 2006-12-06

Municipalities have no § 1983 liability under a respondeat superior theory.