42 U.S.C. § 1983

Section 1983 does not make a county liable for a district attorney’s plea bargaining policy because plea bargaining is a prosecutorial decision, not county policymaking.

Miller v. County of Nassau · filed 2006-12-12

Plea bargaining is intertwined with prosecutorial decisions regarding prosecution and trial. As a result, the County cannot be held liable for a plea bargaining policy of the District Attorney.

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

Daniel v. Compass · filed 2006-12-13

A governmental entity is liable for damages under § 1983 only to the extent that constitutional violations result from official policy or “custom.”

Section 1983 municipal liability remains possible when a city has a policy prohibiting rights violations but may also have adopted an official policy that violates those rights.

Marcavage v. City of Chicago · filed 2006-12-14

Simply having that prohibition on the books cannot shield Chicago from the possibility that it has adopted other official policies that in fact violate an individual’s First Amendment rights and would thus be actionable under Monell.

Section 1983 requires a government policy or custom to hold a municipality liable for a constitutional deprivation.

Luthy v. Proulx · filed 2006-12-14

Instead, section 1983 liability must be grounded in the execution of a government policy or custom to implicate a municipality in the deprivation of a person’s constitutionally protected rights.

Section 1983 municipal liability based on a policy requires that the policy be adopted by a policymaker with final decisionmaking authority.

Drakeford v. County of Orange · filed 2006-12-14

Drakeford has failed to establish a municipal policy because he fails to show any alleged policy was adopted by a policymaker with final decisionmaking authority.

Section 1983 municipal liability requires a plaintiff to show a municipal policy authorizing an unconstitutional act.

Schumacher v. Halverson · filed 2006-12-15

To maintain a Monell claim in the face of a motion for summary judgment, a plaintiff must show the existence of a municipal policy authorizing an unconstitutional act.

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

Damiano v. City of Amsterdam · filed 2006-12-19

A municipality may be held liable under § 1983 only when a governmental policy or custom causes the constitutional violation at issue.

A municipality cannot be held liable under § 1983 solely for its employees’ conduct; the plaintiff must show a policy or custom that caused the constitutional deprivation.

Maggio v. Warren, Unpublished Decision (12-22-2006) · filed 2006-12-22

The City moved for summary judgment on the grounds that there was a lack of evidence in the record demonstrating proof of a policy or custom, and without such proof, Joseph's Section 1983 claim could only be based on a respondeat superior theory. This is an appropriate basis on which to ground a motion for summary judgment. ... A thorough review of the record indicates that Joseph has failed to meet his burden.

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

Hurt v. D.C. Board of Parole · filed 2006-12-22

A municipality can only be held liable under 42 U.S.C. § 1983 when its policy or custom inflicts the injury.

Section 1983 does not impose municipal liability for a policy or failure to train when the plaintiff suffered no underlying constitutional violation.

Owens v. Town of Delhi · filed 2007-01-04

Even if Owens was able to show an unconstitutional policy or failure to train, her claim fails as a matter of law because the Court has found that she has not suffered an underlying constitutional violation.

A municipal judge’s judicial order does not create municipal liability under § 1983 as a final city policy decision.

Granda v. City of St. Louis · filed 2007-01-04

We conclude that the judicial order incarcerating Granda was not a final policy decision of a type creating municipal liability under § 1983.

Section 1983 does not impose municipal liability for a municipal judge’s judicial order when the order is not a final municipal policy decision.

Granda v. City of St. Louis Bettye Battle-Turner, Hon., Individually and in Her Official Capacity With the City · filed 2007-01-04

We conclude that the judicial order incarcerating Granda was not a final policy decision of a type creating municipal liability under § 1983.

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

Bornstad v. Honey Brook Township · filed 2007-01-05

Accordingly, as we have found that no violation of Bornstad’s rights occurred here, we find no basis for municipal liability.

Local governments are liable under § 1983 only when an official policy or custom causes the deprivation of a constitutional right.

Levin v. Board of Educ. of City of Chicago · filed 2007-01-08

As local government units, the Board and County are only liable under § 1983 if the execution of an official policy or custom deprived plaintiff of a constitutional right.

Section 1983 does not make a school district liable solely because it employs a tortfeasor.

Lee v. Pine Bluff School District · filed 2007-01-08

A school district cannot be held liable under § 1983 on a respondeat superior theory, i.e., simply because it employs a tortfeasor.

Section 1983 does not impose municipal liability when the individual defendants committed no constitutional violation.

Roberts v. Anderson · filed 2007-01-09

Because no constitutional violation by the individual defendants was established, the municipal defendants cannot be held liable under § 1983.

A § 1983 claim against a local government must allege a policy or custom that caused the constitutional injury.

Frazier v. Leach · filed 2007-01-10

Because Frazier’s amended complaint fails to describe any policy or custom in place at the WCCJ or implemented by the BOCC that violated his constitutional rights, the district court properly dismissed his claim pursuant to Rule 12(b)(6).

A city cannot be liable under Section 1983 without an underlying constitutional violation.

Rudkin v. Sedgwick County, Kan. · filed 2007-01-10

A city is not liable under section 1983 if there is no underlying constitutional violation; consequently, the Court will first analyze this issue.

Section 1983 requires a government policy or custom to support municipal liability for a deprivation of constitutional rights.

Mailloux v. Town of Littleton · filed 2007-01-11

Instead, § 1983 liability must be grounded in the execution of a government policy or custom to implicate a municipality in the deprivation of a person’s constitutionally protected rights.

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

Wakat v. Montgomery County · filed 2007-01-12

Because the County policy did not directly cause the County personnel to fail to seek physician approval to reinitiate Mitchell’s prescriptions, the County cannot be liable under § 1983 for failure to provide adequate medical care.

A municipality is liable under Section 1983 only if there is an underlying constitutional tort.

Johnson v. City of Seattle · filed 2007-01-17

Like individual state officials, municipalities are only liable under Section 1983 if there is, at minimum, an underly- ing constitutional tort.

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

Rivera v. City of Yonkers · filed 2007-01-18

Municipalities may be held liable under 42 U.S.C. § 1983 only when a constitutional deprivation is inflicted pursuant to a government’s policy or custom.

Section 1983 permits municipal liability when a municipality sanctions or orders unlawful conduct through official policy.

Alexander, Steven J. v. City of Milwaukee · filed 2007-01-18

The basis for municipal liability under § 1983 is that the municipality sanctioned or ordered, through official policy, the unlaw- ful discriminatory conduct in issue.

Section 1983 permits municipal liability only if there is an underlying constitutional tort.

Johnson v. City of Seattle · filed 2007-01-18

Like individual state officials, municipalities are only liable under Section 1983 if there is, at minimum, an underlying constitutional tort.

Section 1983 municipal liability requires proof that a policy or custom caused the constitutional injury; a single incident is insufficient.

Wilson Ex Rel. Adams v. Cahokia School District 187 · filed 2007-01-19

Adams has not demonstrated the existence of any policy or custom that caused the alleged constitutional injury in this case, and a single incident of a constitutional deprivation is insufficient to meet the Monell standard.

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

Goodrich v. Clinton County Prison · filed 2007-01-19

These municipal entities may be liable based on a suit brought pursuant to § 1983 only if “the alleged constitutional transgression implements or executes a policy, regulation or decision officially adopted by the governing body or informally adopted by custom.”

Section 1983 municipal liability requires a constitutional violation and an official policy or custom that was the moving force behind it.

Moore Ex Rel. Moore v. Board of County Commissioners · filed 2007-01-22

To create liability against a local governmental body under Section 1983, plaintiffs must show (1) a constitutional violation and (2) an official policy or custom which was the moving force behind the violation.

A municipality may remain liable under § 1983 when individual officials are found not liable because of qualified immunity, if the verdict is otherwise proper.

International Ground Transportation, Inc. v. Mayor of Ocean City · filed 2007-01-22

We hold, therefore, that when a jury, which has been instructed on a qualified immunity defense as to the individual defendants, returns a general verdict in favor of the individual defendants but against the municipality, the verdict is consistent and liability will lie against the municipality (assuming the verdict is proper in all other respects).

Section 1983 does not permit municipal failure-to-train liability without a constitutional violation by an individual officer.

Sanders v. City Of Minneapolis · filed 2007-01-23

Without a constitutional violation by the individual officers, there can be no § 1983 or Monell failure to train municipal liability.

Section 1983 allows municipal liability when an injury is caused by acts attributable to the municipality or by a municipal policy or custom.

Voigt v. City of Medford · filed 2007-01-30

A municipality may be liable under §1983 if the injury is caused by “officials whose acts may fairly be said to be those of the municipality,” or if there is a municipal policy or custom that caused the injury. ... Here those conditions have been met because the City deprived Voigt of her First Amendment right of expression through the acts of the City Council.

A § 1983 race discrimination claim against a county requires evidence that an unconstitutional government policy motivated the challenged action.

Delphine Bray v. Douglas County · filed 2007-01-31

Bray's § 1983 race discrimination claim also fails because she has not pointed to any unconstitutional government policy as the motivating factor behind her termination.

Section 1983 municipal liability requires an underlying unconstitutional act.

Wilson v. Morgan · filed 2007-02-01

There can be no Monell municipal liability under § 1983 unless there is an underlying unconstitutional act.

Section 1983 does not impose municipal liability for failure to train when the officer involved committed no constitutional tort.

Best v. Cobb County, Ga. · filed 2007-02-05

For that reason, the court holds that Cobb County cannot be held liable where the plaintiffs did not suffer a constitutional tort at the hands of Officer Smith.

Section 1983 requires a plaintiff challenging facially lawful municipal action to show deliberate indifference to its known or obvious consequences; negligence does not suffice.

Jackson v. County of Wayne · filed 2007-02-07

Where, as here, a plaintiff’s alleged municipal action is facially lawful, the plaintiff must demonstrate that “the municipal action was taken with ‘deliberate indifference’ as to its known or obvious consequences. A showing of simple or even heightened negligence will not suffice.” Brown, 520 U.S. at 407 (internal citation omitted).

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

Robinette v. Jones · filed 2007-02-08

Without a direct causal link between Centralia’s purported policy or custom of improperly posting “no parking” signs and some identified constitutional deprivation, Centralia cannot be liable to the Robinettes under § 1983 for posting the signs at issue.

Section 1983 does not impose municipal liability for Family Court judges’ compensation decisions that are not final municipal policymaking decisions.

Bliven v. Hunt · filed 2007-02-09

Therefore, determinations of compensation by Family Court judges and the administrative judge are not final policymaking decisions creating municipal liability under Section 1983.

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

Moore v. Vangelo · filed 2007-02-13

Accordingly, as we have found no violation of Moore’s rights, we find no basis for municipal liability.

A municipality cannot be liable under § 1983 for failure to train when the plaintiff has not established a constitutional violation.

Mosca v. Cole · filed 2007-02-14

Since Mosca has not established any constitutional violations, his Monell claim fails as a matter of course.

Section 1983 does not permit municipal liability when the plaintiff has failed to establish a deprivation of constitutional rights.

Baker v. City of Detroit · filed 2007-02-16

Because the plaintiff has failed to establish a deprivation of Baker’s constitutional rights, she cannot establish liability against the City.

Section 1983 does not impose county liability for a decision by an official whose decisions are subject to meaningful administrative review.

Keaton v. Cobb County · filed 2007-02-19

The Court concludes that Cobb County is not subject to § 1983 liability because Marchanb-Wellmon is not a final policymaker.

Section 1983 permits suits against municipalities for unconstitutional municipal policies, but not solely for their employees’ unconstitutional conduct.

Center for Bio-Ethical Reform, Inc. v. City of Springboro · filed 2007-02-20

The Supreme Court has long held that municipal governments may only be sued under § 1983 for unconstitutional or illegal municipal policies, and not for unconstitutional conduct of their employees.

Section 1983 requires a plaintiff suing a municipality to show that an official custom, practice, or policy caused the alleged constitutional violation.

Reed v. District of Columbia · filed 2007-02-23

In order to state a claim against a municipality under section 1983, a plaintiff must show that the municipality, through an official custom, practice, or policy, caused the alleged constitutional violation.

Section 1983 permits municipal liability only when an official policy or custom causes the deprivation of a federally protected right.

Nitsch v. City of El Paso · filed 2007-02-26

A city can be sued and subjected to monetary damages and injunctive relief under § 1983 only if its official policy or custom caused plaintiff to be deprived of a federally protected right.

Section 1983 permits municipal liability for an employee’s conduct when a constitutional violation results from a municipal custom or policy.

Russo v. City Of Bridgeport · filed 2007-02-27

Municipal liability under § 1983 for the conduct of employees below the policymaking level requires that a plaintiff show a violation of his constitutional rights that resulted from a municipal custom or policy.

Section 1983 does not make a municipality liable for an alderman's statements to a third party when he was not speaking for its board.

Gaskin v. Village of Pachuta · filed 2007-03-02

Beyond that, the Village could not be liable for Lightsey's statements in any event. In speaking to representatives of the Water Association, Light-sey was not a spokesman for the Board, a fact evidenced by the fact that at least one other Village Board member was contacted by the Water Association for information on Gaskin and this Board member confirmed that the Village used QuickBooks and BBI and expressed that Gaskin had done a good job for the Village.

A municipality’s policy or custom of refusing to correct known errors in presentence reports can support liability under § 1983.

Hall v. Marshall · filed 2007-03-06

In addition, apart from Hall’s allegations that the City failed to train and supervise its employees, the Court liberally construes Hall’s submissions to allege that the City maintains a custom or policy of refusing to correct PSRs even after errors are brought to its attention; this, too, is a sound basis for municipal liability.

Municipal liability under § 1983 requires a predicate constitutional or statutory violation caused by a municipal custom or policy.

Gray v. District of Columbia · filed 2007-03-06

To determine municipal liability under § 1983, the district court must conduct a two-step inquiry. ... First, the court determines whether the plaintiff establishes a predicate constitutional or statutory violation. ... If so, the court then determines whether the complaint states a claim that a custom or policy of the municipality caused the violation.

Section 1983 does not permit a local agency to be held liable solely because it employs the person who allegedly violated a federal right.

Weaver v. Franklin County · filed 2007-03-07

Applying Monell, Thomas and Hennessy to the complaint here, we conclude Plaintiffs claims for denial of access to the courts fails; Defendant cannot be held liable solely under a master-servant theory.

Section 1983 permits municipal liability when a constitutional violation results from a municipal custom or policy; without a constitutional violation, the municipality is not liable.

Justin F. v. Maloney · filed 2007-03-07

“Under 42 U.S.C. § 1983, a municipality may be held liable for a constitutional violation if the plaintiff can prove that the violations resulted from a municipality’s customs or policies.” ... Because the Plaintiffs have failed to prove that Justin suffered a constitutional violation, the Town of Milford is also entitled to summary judgment.

Section 1983 permits municipal liability only when an official policy or custom causes the deprivation of a federally protected right.

Telles v. City of El Paso · filed 2007-03-08

A city can be sued and subjected to monetary damages and injunctive relief under § 1983 only if its official policy or custom caused plaintiff to be deprived of a federally protected right.

Municipal liability under § 1983 requires a predicate constitutional or statutory violation.

Gray v. District of Columbia · filed 2007-03-12

To determine municipal liability under § 1983, the district court must conduct a two-step inquiry. ... First, the court determines whether the plaintiff establishes a predicate constitutional or statutory violation. ... Because the plaintiffs have not established a predicate constitutional or statutory violation, the court grants the motions to dismiss the IDEA and § 1983 claims.

Section 1983 permits municipal liability when a final policymaker makes or ratifies a decision that causes a constitutional injury.

Kinkus v. Village of Yorkville · filed 2007-03-13

By making or ratifying this charging decision, which this Court has previously held violated Plaintiffs constitutional rights, Chief Anderson set city policy. As such, Yorkville is liable for Plaintiffs injury.

Section 1983 requires a municipal policy or custom to be the moving force behind a constitutional rights violation for municipal liability.

Bittakis v. City of El Paso · filed 2007-03-13

Because Plaintiff fails to show that DIMS was the moving force behind a constitutional rights violation, Plaintiffs § 1983 claims against Esparza in his official capacity, the City, and County should also be dismissed.

Municipal liability under § 1983 requires a basis such as a municipal policy or custom, a policymaker’s decision, or deliberate indifference.

Cruz v. City of Los Angeles · filed 2007-03-14

Plaintiffs cannot establish municipal liability under Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). ... The “second route to municipal liability”, is also lacking here, because there is no evidence of “deliberate indifference.”

Section 1983 does not impose municipal liability for deliberate indifference when the municipality reasonably implements its detainee release policies.

Mortimer v. Baca · filed 2007-03-15

As a matter of law, the Sheriffs implementation of polices since the Vanke injunction to effectuate 51,000 releases during the class period, of which 43 are potential overdetentions, is reasonable and cannot constitute a Monell deliberate indifference claim.

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

Hooper v. City of Montgomery · filed 2007-03-16

Municipal liability under § 1983 contains two requirements, first, that the municipality has in place a policy or custom and, second, that the policy or custom caused the constitutional deprivation.

Section 1983 municipal liability requires a policy, custom, or practice that caused the alleged rights violation.

Bowman v. District of Columbia · filed 2007-03-20

Because the plaintiffs fail to allege that the defendant has a policy, custom, or practice of non-payment of attorneys’ fees, the court grants summary judgment on their § 1983 claim.

Section 1983 does not impose liability on a county when the plaintiffs’ underlying federal claims fail.

Christensen, Anita v. County of Boone · filed 2007-03-21

Because we have determined that all of plaintiffs’ claims under federal law were properly dismissed, there can be no §1983 liability for Boone County either.

Section 1983 requires a plaintiff suing a municipality to prove that an official municipal policy caused the constitutional injury.

Brocuglio v. Proulx · filed 2007-03-23

With respect to claims against persons in their official capacities, when a plaintiff brings a section 1983 claim against a municipality, he must prove a fifth element — that an official policy of the municipality caused his constitutional injury.

Under § 1983, a county is not liable for an official’s retaliatory termination merely because the official can hire and fire; the official must have authority to establish county policy for that action.

Forehand v. Fulton County, Ga. · filed 2007-03-26

Nevertheless, the report found that Plaintiff may establish municipal liability under section 1983 by showing that the “decisionmaker” possessed final authority to establish municipal policy with respect to the unlawful action ordered. ... The report notes that even though Defendant Hopkins had the discretion to hire and fire employees, there is no evidence indicating that Defendant Hopkins was the County official responsible for establishing County employment policy. ... Therefore, the court ADOPTS the analysis of the report and recommendation and GRANTS Defendants’ motion for summary judgment with regard to Plaintiffs section 1983 retaliatory termination claim against Defendant Fulton County and Defendant Andrews.

Section 1983 municipal liability requires a deprivation of constitutional rights; a claim against a city fails without one.

Williams v. Carl Junction, Mo. · filed 2007-03-28

Because Williams has failed to prove a deprivation of his constitutional rights, his § 1983 claim against the City necessarily fails.

Section 1983 does not impose municipal liability without a deprivation of constitutional rights.

Williams v. City of Carl Junction, Missouri · filed 2007-03-28

Because Williams has failed to prove a deprivation of his constitutional rights, his § 1983 claim against the City necessarily fails.

A city is liable under § 1983 only if its policy or custom was the moving force behind the plaintiff’s injury.

Mengistu v. City of Los Angeles · filed 2007-04-12

We affirm the district court’s grant of summary judgment because the City is not liable under 42 U.S.C. § 1983 for any injury suffered by Mengistu. Even assuming that she suffered a violation of her constitutional rights, Mengistu has not shown that any city policy or custom was the “moving force” behind her injury.

Section 1983 does not impose municipal liability when all of the plaintiffs’ federal claims fail.

Anita Christensen and Robert Alty v. County of Boone, Illinois, and Edward Krieger · filed 2007-04-16

Because we have determined that all of plaintiffs’ claims under federal law were properly dismissed, there can be no § 1983 liability for Boone County either.

Section 1983 permits claims against a county and its prison healthcare contractor based on policies, practices, or procedures that cause a constitutional deprivation.

Herman v. County of York · filed 2007-04-18

And so it follows that Counts II and III, Plaintiffs § 1983 claims that the County and Warden Hogan, and PHS, respectively, had policies, practices, and procedures which deprived Herman of his Eighth Amendment rights, remain viable.

A municipality cannot be liable under § 1983 for failure to train when no violation of the plaintiff’s constitutional rights occurred.

Jenkins Ex Rel. Estate of Jenkins v. Bartlett · filed 2007-04-23

Although a municipality may be directly liable for constitutional violations by its officers when the municipality evinces a deliberate indifference to the rights of the plaintiff by failing to train adequately its officers to prevent the violation, there can be no liability under Monell for failure to train when there has been no violation of the plaintiff’s constitutional rights.

Section 1983 does not impose municipal liability without an underlying violation of a plaintiff's statutory or constitutional rights.

Hall v. Brown · filed 2007-04-25

Without such a violation, there can be no basis for Plaintiffs § 1983 claims against Defendant City of Rome, regardless of whether or not the complained-of actions arose pursuant to municipal policy.

Section 1983 municipal liability claims need only satisfy Rule 8’s minimal pleading requirements; they are not subject to a heightened pleading standard.

Costabile Ex Rel. Costabile v. County of Westchester · filed 2007-04-25

However, complaints alleging municipal liability under 42 U.S.C. § 1983 are not subject to a heightened pleading standard and must only ... comport with Fed. R. Civ. P. 8’s minimal pleading requirements.

Section 1983 municipal liability requires an underlying constitutional violation by a municipal employee.

Arocho v. County of Lehigh · filed 2007-05-03

Because the Estate failed to make the threshold showing that a municipal employee, Meisel, violated the Decedent’s constitutional rights, the Estate’s claim against Lehigh County fails.

Section 1983 municipal liability requires a county policy or custom to cause a violation of constitutional rights.

Kern v. Clark County · filed 2007-05-03

The County prevails on the municipal liability claim because Kern did not establish that a policy or custom caused a violation of his constitutional rights.

Section 1983 does not support municipal liability without an established constitutional violation.

Vaccaro v. Carson City · filed 2007-05-03

Because Yaccaro failed to establish any constitutional violations, he cannot support a municipal liability claim against Carson City.

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

Eaton v. Harsha · filed 2007-05-04

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 permits municipal liability when a city's deliberate policy causes the alleged constitutional violation.

Blankenhorn v. City of Orange Andy Romero Dung Nguyen Garrett Ross Tamara South Gray, Sergeant Montano, Officer Kay · filed 2007-05-08

The City may be held liable under section 1983 if its deliberate policy caused the constitutional violation alleged.

Section 1983 permits liability against a municipality or an official sued in an official capacity when a municipal policy causes a constitutional injury.

Lamon, Robert v. Sandidge, Donald · filed 2007-05-10

Municipalities and local officials sued in their official capacities may be liable under § 1983 if a municipal policy caused the constitutional injury.

Section 1983 municipal liability requires evidence that a city policy or custom caused the alleged constitutional injury.

Okoro v. City of Oakland · filed 2007-05-14

Though discovery was available to him from at least October 2002 until April 2003, Okoro did not develop or present any evidence of a city policy or custom behind his alleged constitutional injuries. The absence of these essential elements of municipal liability under 42 U.S.C. §§ 1983 and 1981 is fatal to his case.

A municipality cannot be liable under § 1983 when no constitutional violation occurred.

Godette v. Stanley · filed 2007-05-16

Where no constitutional violation occurred, a municipality cannot be held liable under § 1983.

Section 1983 liability for a school board requires a showing that its officials violated the plaintiff’s constitutional rights.

Bowman v. Williamson County Board of Education · filed 2007-05-18

Because the defendant can only be held liable under Section 1983 if there is a showing of liability on the part of its officials, the determination that no genuine issue of material fact exists as to whether IHS officials violated the plaintiffs constitutional rights resolves the claim against the defendant as well.

Section 1983 does not make a municipality liable solely for its employees’ misconduct.

Slusher v. Carson · filed 2007-05-23

As indicated previously, a municipality is not liable based solely on its employees’ misconduct.

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

Dyno v. Village of Johnson City · filed 2007-05-24

In order to impose liability under § 1983 on a municipality or municipal agency, a plaintiff must prove that a “municipal custom or policy” caused the violation of his constitutional rights. ... The district court properly found that Dyno had failed to allege an officially adopted custom or policy because Dyno did not make any allegation that it was the official policy of the Village to refuse to enforce zoning regulations or to rely on allegedly improperly obtained state court judgments.

A municipality is liable under § 1983 only if the plaintiff alleges a policy or custom that caused the injury.

Hodges v. Denver Sheriff Dep't · filed 2007-05-25

Hodges has only named the City & County of Denver as defendant, but has failed to allege a policy or custom as required to establish § 1983 liability for a municipal entity.

Section 1983 requires evidence that an unconstitutional act implemented an official policy or custom to hold a municipal entity liable.

Harrison v. Christopher · filed 2007-05-25

In order to prevail, Plaintiff would have to prove that the police officers were executing a policy or custom of the city’s police department to intentionally discriminate based on race when making custodial arrests and conducting visual body cavity searches. ... The Court has reviewed the documents submitted and concludes that Plaintiff has adduced no evidence of a policy or decision of the police department that could be interpreted to promote intentional discrimination or racial animus.

A municipality is not liable under § 1983 solely because it employs the person whose conduct allegedly violated a constitutional right.

Doherty v. Haverford Township · filed 2007-05-31

The complaint attributes the improper conduct in this case primarily to Andrien, who is not alleged to be a policymaker for the Township; the fact that the Township employs Andrien does not render it liable under § 1983.

Section 1983 liability for a prison’s lack of a bunk assignment policy requires a showing that the lack of a policy resulted from deliberate indifference to the serious medical needs of inmates who require lower bunks.

Veanus v. Northampton County Prison · filed 2007-06-01

The prison’s lack of a policy regarding bunk assignments could give rise to § 1983 liability only if Veanus showed that the lack of a policy resulted from the prison’s “deliberate indifference” to the serious medical needs of those who require lower bunk assignments.

Section 1983 municipal liability claims satisfy notice pleading when the complaint alleges a county pattern or practice of depriving people of constitutional rights.

Aikman v. County of Westchester · filed 2007-06-03

Plaintiffs allegations that West-chester has a pattern or practice of depriving certain people of their constitutional rights satisfies Leatherman’s notice pleading requirement.

A § 1983 claim against a municipality must allege that a municipal policy or custom caused the violation of federal rights.

Medina v. District of Columbia · filed 2007-06-06

The Court therefore must only determine whether plaintiff has sufficiently alleged that a District policy or custom caused the violation of his rights.

Section 1983 does not impose liability on a police department or chief for policies or acquiescence when the officers committed no constitutional violation.

Thomas v. City of Erie · filed 2007-06-08

Because we find that the officers’ conduct on October 30 did not violate Thomas’s constitutional rights, the Erie Police Department and Chief DeDionisio cannot be said to have created policies or acquiesced in behavior that led to the violation of Thomas’s constitutional rights.

Section 1983 requires a plaintiff suing a county to allege a specific practice or policy that deprived the plaintiff of civil rights.

Wagner v. Flippo · filed 2007-06-11

The district court also properly dismissed Wagner’s claims against Monterey County because he did not allege that the County had a specific practice or policy that deprived him of his civil rights.

Section 1983 permits liability against a county only when the claimed deprivation occurred pursuant to county policy or custom.

Apollo v. County of Sacramento · filed 2007-06-13

The district court properly granted summary judgment to the County of Sacramento because Apollo failed to raise a genuine issue of material fact as to whether the claimed deprivations occurred pursuant to county policy or custom.

Section 1983 municipal liability under Monell requires an underlying constitutional tort.

Fewer v. City of San Francisco · filed 2007-06-15

Monell liability will not lie where no constitutional tort has been committed.

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

McCracken v. Freed · filed 2007-06-19

Under Monell v. Dep’t of Social Services if City of New York, 436 U.S. 658, 694 (1978), § 1983 does not provide municipal liability under the theory of respondeat superior.

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

Russo v. Beaton · filed 2007-06-22

Because Russo failed to raise a genuine issue of material fact regarding the violation of any of his constitutional rights, the district court properly determined that the Mesa Police Department is not subject to liability under 42 U.S.C. § 1983.

Section 1983 does not impose respondeat superior liability on municipalities; a municipality is liable only for its own acts.

Stephens v. CITY BUTLER, ALA. · filed 2007-06-23

Under Section 1983, there is no respondeat superior liability. Thus, a municipality may not be sued under Section 1983 for the acts of others but, rather, only for its own acts.

Section 1983 requires a claim against a school district to rest on an official policy or custom attributable to its board.

BRITTANY B. v. Martinez · filed 2007-06-28

In order to prevail on her section 1983 claim against the District, Plaintiff must show that her constitutional rights were violated through the execution of an official policy or custom properly attributable to the Board itself.

Section 1983 does not require a municipal liability complaint to allege other identical injuries when it adequately alleges a policy or custom that caused the constitutional harm.

Hayes v. Erie County Office of Children and Youth · filed 2007-06-29

Plaintiffs are not required at this juncture to demonstrate that other children actually died at the hands of abusive parents in order to state a successful § 1983 claim against OCY.

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

Hayek v. City of St. Paul · filed 2007-06-29

The officers had every reason to believe William would have killed Officer Thompson or any of them; thus, it was reasonable for the officers to use deadly force, and no federal constitutional violation occurred. “Without a constitutional violation by the individual officers, there can be no § 1983 or Monell2 . . . municipal liability.”

Section 1983 does not impose municipal liability based solely on an employer’s responsibility for its employees’ conduct.

McCrary v. County of Nassau · filed 2007-07-02

A municipality or municipal entity cannot be held liable under Section 1983 on a respondeat superior theory.

Section 1983 municipal liability requires a predicate constitutional violation and a causal link between the municipality’s policy and the injury.

Sule Best v. Cobb County, Georgia · filed 2007-07-03

Because the plaintiffs cannot establish a predicate constitutional violation or demonstrate that the county’s policy was the proximate cause of their injuries, their § 1983 claim against Cobb County and Chief New necessarily fails.

A municipality is liable under § 1983 for its officers’ actions only when a municipal policy or custom caused those actions.

Novitsky v. City of Aurora · filed 2007-07-05

A municipality cannot be held liable for its officers’ actions under § 1983 unless those actions were caused by a policy or custom of the municipality.

Section 1983 requires a plaintiff seeking municipal liability to show that deliberate municipal conduct was the moving force behind the alleged constitutional injury.

Akines v. SHELBY COUNTY GOVERNMENT · filed 2007-07-05

Because the Plaintiffs have failed to demonstrate that the Defendant acted in a deliberate manner, or that it was the moving force behind the conduct giving rise to their alleged injuries, their claims for violation of § 1983 are DISMISSED.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show a municipal policy or custom directly caused the alleged injury.

Bell v. City of Topeka, Kansas · filed 2007-07-09

“Rather, to 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 city cannot be held liable under § 1983 for an officer’s conduct on a theory that depends on the officer having committed a constitutional violation when no such violation occurred.

Meals v. City of Memphis, Tennessee · filed 2007-07-11

Because Officer King did not violate the constitutional rights of James Harvey Meals and William Meals, there is no basis with which to hold the City liable for the conduct of Officer King under Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).

Section 1983 requires a plaintiff seeking municipal liability for racial harassment to allege that the harassment occurred pursuant to a municipal custom or policy.

White v. School Bd. of Hillsborough County · filed 2007-07-11

Plaintiff has also failed to allege any racial harassment directed at her that occurred pursuant to a municipal “custom or policy,” as required to maintain liability under 42 U.S.C. § 1983.

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

Meals v. Cty · filed 2007-07-11

Because Officer King did not violate the constitutional rights of James Harvey Meals and William Meals, there is no basis with which to hold the City liable for the conduct of Officer King under Monell v. Department of Social Services, 436 U.S. 658 (1978).

A county is liable under § 1983 only when a deprivation of constitutional rights stems from an official policy, widespread custom, or deliberate act of a county decision-maker.

Wagner, Carl v. Washington County Sh · filed 2007-07-12

In order to prevail against the county, Wagner would have to demonstrate that he suffered a deprivation of his constitu- tional rights based on some official policy, widespread custom, or deliberate act of a county decision-maker of the municipality or department, see Monell v. Department of Soc. Servs., 436 U.S. 658, 694 (1978); Davis v. Carter, 452 F.3d 686, 691 (7th Cir. 2006), which Wagner failed to do.

Section 1983 permits liability against a county for its officers’ actions only when those actions follow an official policy or custom.

Hale v. County of Los Angeles · filed 2007-07-19

Defendant County cannot be liable for the actions of its police officers unless those actions are taken pursuant to an official “policy or custom.”

Section 1983 requires a causal connection between a municipality’s policy or failure to train and the alleged constitutional injury before the municipality can be held liable.

Scheuerman v. City of Huntsville, Al · filed 2007-07-23

Plaintiff has failed to provide sufficient summary judgment evidence to show the causal connection between his alleged unlawful detention and the City’s alleged failure to enforce, or to train officers on, its policies concerning traffic stops in unmarked vehicles. As such, the City of Huntsville cannot be held liable on plaintiffs claims under § 1983.

To establish municipal liability under § 1983 through an official’s decision, a plaintiff must show that the official had policymaking authority sufficient to bind the municipality.

Lewis v. City of Chicago · filed 2007-07-26

Lewis does not provide any evidence to demonstrate that Chief Maurer has policy making authority sufficient to bind the City in this case. Lewis is not suing Chief Maurer for his alleged discriminatory actions in implementing the IMF Detail but instead seeks to hold the City liable. As she has failed to demonstrate that Chief Maurer can create liability for the City, we must reject this argument.

A § 1983 claim against a city based on a widespread practice requires evidence that the practice existed.

Lewis, Donna L. v. Chicago Police Dept · filed 2007-07-26

Lewis has failed to present evidence of a widespread practice by the City of ignoring gender discrimination and retaliation. Failing to meet her burden, the district court properly entered judgment in favor of the City on Lewis’s Monell claim.

Section 1983 requires a plaintiff seeking to hold a county liable to show that an inadequate county custom or policy was the moving force behind a constitutional violation.

Forgan Ex Rel. Estate of Allen v. Howard County · filed 2007-07-26

To establish a county’s liability on a § 1983 claim, a plaintiff must show that the County had some inadequate custom or policy that acted as the moving force behind a constitutional violation.

A § 1983 claim against a municipality must allege that a municipal policy or custom caused the constitutional violation; respondeat superior is insufficient.

Spencer v. CITY OF JACKSON, MISS. · filed 2007-07-31

A review of her complaint confirms the City’s position. Plaintiff does not allege that any policymaker for the City participated in the alleged incident, or that the alleged wrongful conduct was the result of the policies and/or customs of the City of Jackson.

Section 1983 does not permit municipal liability when the municipality’s agent committed no constitutional violation.

Williams v. City of Grosse Pointe Park · filed 2007-08-03

As noted above, the district court also granted summary judgment in favor of Grosse Pointe Park because, in the absence of a finding that its agent, Miller, violated Williams’s constitutional rights, Grosse Pointe Park could not be held liable under § 1983. Having already concluded the district court was correct with respect to the reasonableness of Miller’s conduct, we agree with the district court that Grosse Pointe Park may not be held liable under § 1983.

Section 1983 does not impose liability on a municipality for negligent supervision.

Darr v. Town of Telluride, Colo. · filed 2007-08-03

Negligence is not a basis for liability under § 1983, so Darr’s arguments must fail.

Section 1983 does not permit liability based on respondeat superior, and conclusory allegations of a policy do not establish a claim against a county or drug task force.

Chambers v. St. Louis Cty., Missouri · filed 2007-08-06

Reviewing the dismissal de novo, see Frey v. City of Herculaneum, 44 F.3d 667, 671 (8th Cir. 1995), we hold that the district court did not err in dismissing the claims against the County and the DTF because Chambers’s speculative allegations about an apparent policy to condone and conceal police brutality were merely conclusory, see id. (complaint must be viewed in light most favorable to non-moving party; but it also must contain facts stating claim as matter of law, and must not be merely conclusory), and because respondeat superior cannot be a basis of liability under section 1983, see Givens v. Jones, 900 F.2d 1229, 1233 (8th Cir. 1990).

An official-capacity claim under § 1983 cannot establish municipal liability through the acts or omissions of subordinates who lack final policymaking authority, or through respondeat superior.

Guzman v. Sheahan · filed 2007-08-07

The two other officers mentioned by Mr. Guzman — Supt. Brown and Lt. Maew-eather — are not final policymakers and therefore cannot formulate, either by action or inaction, municipal policy. Nor can their action be attributed to the Sheriff under the doctrine of respondeat superior. Therefore, if the claim set forth in Count II is brought against them in their official capacity, it necessarily must fail.

Section 1983 municipal liability can rest on an unwritten policy or custom.

King, Bernice v. East St. Louis 189 · filed 2007-08-07

Although nothing in the record reveals that there was a written policy in place regarding the presence of students in the school building after hours, municipal liability under § 1983 is not conditioned on the existence of a written policy.

Section 1983 requires a plaintiff seeking to hold a municipality liable for an employee’s acts to show that a hiring or supervision policy caused those acts.

Hardeman v. Kerr County Texas · filed 2007-08-08

In order to hold a municipality liable under 42 U.S.C. § 1983 for its employee’s acts, a Plaintiff must show that a policy of hiring or supervising caused those acts.

Section 1983 municipal liability requires evidence that an official policy or widespread custom caused the plaintiff’s injury.

Mann v. Yarnell · filed 2007-08-14

With respect to his suit against the City, Mann failed to present evidence of an official policy or widespread custom ... that resulted in his injuries.

Section 1983 permits municipal liability when a violation of federal rights results from an official municipal policy, custom, or practice.

Fisk v. Letterman · filed 2007-08-14

Instead, municipalities may only be liable under § 1983 if their violation of the plaintiffs federal rights resulted from an official policy, custom, or practice of the municipal body.

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

O'Brien v. City of Tacoma · filed 2007-08-14

A plaintiff asserting a § 1983 claim based on a municipal custom or policy must show that the custom or policy was the “‘moving force’ behind the constitutional violation he [or she] suffered.”

Section 1983 does not impose municipal liability through respondeat superior, and an officer who is not a final policymaker cannot establish municipal policy through a single act.

Belcher v. Norton · filed 2007-08-15

However, a municipality may not be held liable based upon the doctrine of respondeat superior. ... We think it clear, on this record, that Deputy Marshal Norton was not a final policymaker for the Town of Orland. Therefore, the Town is not liable under 42 U.S.C. § 1983.

Section 1983 requires a plaintiff seeking municipal liability to show that a municipal policy was the moving force behind the constitutional injury.

James v. Harris County · filed 2007-08-20

A reasonable jury also could not find on the basis of the trial evidence that any of the alleged, articulated policies had a sufficient causal connection to Harrison’s death to meet the “moving force” requirement for § 1983 liability.

Section 1983 requires evidence of an intentional, deliberate municipal policy that causes a constitutional deprivation; harm from an interaction with a municipality alone does not establish such a policy.

King v. Comfort Living, Inc. · filed 2007-08-23

In order to show a cognizable claim under 42 USC § 1983, Comfort Living must present some evidence “that a governing body has worked constitutional deprivation of [it] pursuant to an impermissible or corrupt policy which is intentional and deliberate.”

Section 1983 does not impose municipal liability for a sheriff’s jail release policy that cannot be attributed to the municipality.

Powell v. Barrett · filed 2007-08-23

The County and City cannot be held liable under § 1983 based on their alleged “control” of the Sheriffs’ overdetention policies at the Jail.

Section 1983 does not impose municipal liability when a county’s policy of placing arrestees in a jail is too remote from strip searches conducted by a sheriff whom the county cannot control.

Powell v. Barrett · filed 2007-08-23

The link between the County’s policy of placing arrestees at the Jail and the strip searches conducted at the Jail by the Sheriff and his deputies–over which the County has no control–is too attenuated to impose liability on the County.

A governmental entity is liable under Section 1983 only when its policy or custom played a part in the deprivation of federal rights.

S.H.A.R.K. v. Metro Parks Serving Summit County · filed 2007-08-24

The plaintiffs have made no argument that the tapes were erased pursuant to any of Metro Parks’s policies or customs. Accordingly, even if the actions of Rankin, Simon, and DeNicola violated the First Amendment, Metro Parks could not be liable, as a matter of law, for their actions under § 1983, and the district court did not err in granting summary judgment in Metro Parks’s favor.

Section 1983 plaintiffs seeking only prospective relief against a municipality need not show that their injuries resulted from a government policy or custom.

Truth v. Kent School District · filed 2007-08-24

Monell permits section 1983 actions against municipalities, but requires plaintiffs to show that their injuries resulted from “execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy.” ... Monell’s requirements do not apply where the plaintiffs only seek prospective relief, which is the case here.

A § 1983 suit seeking only prospective relief from a municipality need not meet Monell’s policy or custom requirement.

Truth v. Kent Schools District · filed 2007-08-24

Monell’s requirements do not apply where the plaintiffs only seek prospective relief, which is the case here.

Section 1983 permits municipal liability only when the municipality’s policy or practice causes the constitutional violation, not when officers act on their own.

Campbell v. Miller · filed 2007-08-28

There is nothing in this record indicating that the decision to strip-search Campbell in public was influenced in any way by the City’s policy or practice. That decision appears to have been made by Officers Miller and Lamle alone, which precludes finding the City liable under § 1983.

Section 1983 does not make a municipality liable when officers independently cause a constitutional violation without a city policy or practice causing it.

Campbell, James v. Miller, Frank · filed 2007-08-28

That decision appears to have been made by Officers Miller and Lamle alone, which precludes finding the City liable under § 1983.

Section 1983 permits a suit against a local government for an employee’s conduct only when a government policy or custom causes the injury.

Bilbili v. Klein · filed 2007-08-29

Insofar as the Bilbilis bring suit under § 1983 against Egg Harbor City, we reject their claim out of hand. “[A] local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents” unless “the execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury . . . .” Monell v. Dep’t of Social Services of City of New York, 436 U.S. 658, 694 (1978).

Section 1983 does not make a county liable for a jailer's actions merely because the jailer has discretion over inmate placement; the jailer must have final policymaking authority.

Meyer v. Nava · filed 2007-08-30

Though Nava had some discretion to place plaintiff in a particular area of the jail, this discretion does not endow him with final policymaking authority over the domain of prisoner protocol or placement.

Section 1983 requires a plaintiff seeking to hold a city liable for its officers’ conduct to show that a city policy or custom caused the alleged constitutional violation.

Ludaway v. City of Jacksonville · filed 2007-08-30

Because Ludaway has failed to raise a genuine issue of material fact as to whether the Officers’ alleged use of excessive force was the result of the City’s policy or custom, his complaint fails as a matter of law.

A § 1983 claim against a municipality requires an alleged policy or custom.

Ames v. Miller · filed 2007-09-06

As for the claim against the city itself, the court noted, and we agree, that Ames failed to allege a policy or custom sufficient to support a § 1983 claim against a municipal entity.

Section 1983 does not make a local government vicariously liable solely because it employs a person who caused an injury.

Abusaid v. Hillsborough County Board of County Commissioners · filed 2007-09-06

A municipality or other local governmental body cannot be held vicariously liable under § 1983 solely on the basis of an employer-employee relationship with a tortfeasor.

Section 1983 does not impose institutional liability for employees’ deliberate indifference without evidence that the institution consciously or recklessly tolerated or encouraged that conduct.

Hall v. County of Nemaha, Neb. · filed 2007-09-07

In sum, the institutional defendants cannot be held liable for deliberate indifference on the theory that they consciously or recklessly tolerated or encouraged such behavior on the part of their employees. The evidence is woefully lacking.

Section 1983 permits county liability when an official policy or tolerated custom causes a deprivation of a constitutional right.

Sulfridge v. Huff · filed 2007-09-10

Under Monell, the county cannot be found liable unless plaintiff can establish that an officially executed policy, or the toleration of a custom, leads to, causes, or results in the deprivation of a constitutionally protected right.

Section 1983 holds a municipality liable when its policy or custom causes the injury.

Christian v. Anderson, et al. · filed 2007-09-14

"[U]nder § 1983, a municipal government will only be held liable when the execution of the municipal government's policy or custom inflicts the injury."

Section 1983 limits municipal liability to cases where an official policy or custom was the moving force behind the constitutional injury.

Miller v. City of East Orange · filed 2007-09-20

The question is whether when Chief Grimes intentionally lied before the grand jury he was making “policy” for the City of East Orange. ... When Chief Grimes committed this criminal act and lied before the grand jury, he was acting outside the scope of his policymaking authority for the City. Since his act cannot be considered City policy, the City of East Orange is not liable for his conduct.

Section 1983 lets a person sue a state or local government actor for violating federal rights, and municipal liability requires a policy or custom causing the violation.

Jiminez Ex Rel. Estate of Serrano v. All American Rathskeller, Inc. · filed 2007-09-21

Under Monell, a municipality cannot be subjected to liability solely because injuries were inflicted by its agents or employees. ... Rather, “it is when execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts’ or acts may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible under § 1983.” ... There must be a “direct causal link between a municipal policy or custom and the alleged constitutional deprivation” to ground municipal liability.

Section 1983 permits municipal liability for constitutional injuries caused by a government policy or custom, but does not impose liability through respondeat superior.

Thomas v. Baca · filed 2007-09-21

While a municipal entity may not be held liable through § 1983 under a respondeat superior theory, it may be found liable for a custom or persistent practice.

Section 1983 does not impose municipal liability for police conduct that inflicts no constitutional injury.

Peet v. City of Detroit · filed 2007-09-25

Consequently, the City of Detroit cannot be held liable under § 1983 for police conduct that inflicts no constitutional injury.

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

Madrid v. Anthony · filed 2007-09-25

Accordingly, Plaintiffs failed to establish that C-FISD had a custom or policy of deliberately violating First Amendment rights for which it is liable under § 1983.

Section 1983 requires a plaintiff suing a municipality to show both a constitutional violation and an official policy or custom causing it.

Durley v. BOARD OF POLICE COM'RS, CITY OF ST. LOUIS · filed 2007-09-25

In order to sustain a claim against the Board of Police Commissioners under section 1983, a plaintiff must first show his constitutional rights were violated, but he must also show that this violation occurred through either an official policy or a custom of the municipality.

Section 1983 requires facts supporting an inference of a municipal policy or custom; a bare assertion of one does not state a municipal liability claim.

Maloney v. County of Nassau · filed 2007-09-25

Mere assertions that a municipality has a custom or policy of violating constitutional rights are insufficient to state a Section 1983 claim, unless a plaintiff alleges facts “tending to support, at least circumstantially, such an inference.”

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

Burnett v. Sharma · filed 2007-09-26

The District of Columbia, then, may be subject to liability under § 1983 only “when an official policy or custom causes the complainant to suffer a deprivation of a constitutional right.”

Section 1983 does not impose liability on supervisors or a city when the officer did not violate the plaintiff’s constitutional rights.

Cummisky v. Mines · filed 2007-09-28

And as the district court concluded, because M ines did not violate Cummisky’s constitutional rights, then the supervisors and the city cannot be liable under § 1983.