42 U.S.C. § 1983

Section 1983 does not impose municipal liability through respondeat superior; municipal liability requires a constitutional deprivation caused by a government policy or custom.

Alicea v. MUNICIPAL DE SAN JUAN · filed 2007-09-28

In an action pursuant to 42 U.S.C. § 1983, there can be no municipal liability under a respondeat superior theory.

Section 1983 does not allow recovery against a local government or municipality on a respondeat superior theory.

Lucas v. District of Columbia · filed 2007-10-01

Plaintiff has pled a section 1983 claim against the officers and there is no recovery against a local government or municipality under section 1983 on a respondeat superior theory.

Municipal liability under § 1983 requires a government policy or custom that caused the deprivation of constitutional rights.

Southerland v. City of New York · filed 2007-10-02

In order to hold a municipality liable as a “person” under 42 U.S.C. § 1983, plaintiff must establish that a government policy or custom caused the deprivation of his constitutional rights.

Section 1983 does not impose vicarious liability on a governmental entity for its agent’s acts.

Brockinton v. City of Sherwood · filed 2007-10-04

A governmental entity cannot be held vicariously liable for its agent’s acts under § 1983.

A county cannot be liable under § 1983 when no individual county defendant is liable on an underlying substantive claim.

Brockinton v. City of Sherwood · filed 2007-10-04

As discussed in Section II.A., supra, no Van Buren County defendant is individually liable for an underlying substantive claim. Therefore, the County cannot be held liable under § 1983.

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

Brown v. County of Santa Barbara · filed 2007-10-05

The district court properly dismissed Brown’s claims against the County of Santa Barbara because a municipality can not be held liable under section 1983 on a respondeat superior theory.

A municipality is liable under § 1983 only when its policy or custom causes the injury; respondeat superior alone is insufficient.

Willette v. City of Waterville · filed 2007-10-15

First, regarding the City, relying merely on a respondeat superior basis is not enough. ... “[A] plaintiff seeking to impose liability on a municipality under § 1983 must identify a municipal ‘policy’ or a ‘custom’ that caused the plaintiffs injury.” ... The facts on the record, viewed in the light most favorable to Ms. Willette, demonstrate that the City of Waterville had appropriate booking and arrest policies in place.

Section 1983 requires a plaintiff bringing an official-capacity claim to connect the alleged injury to a municipal policy or custom.

Shorts v. Bartholomew · filed 2007-10-17

In order to support an official-capacity theory, Shorts needed to connect his wrongful imprisonment with a Sheriffs Department policy or custom.

Section 1983 requires facts showing that an alleged constitutional violation is attributable to an official county policy or custom before a county can be held liable.

Sampson v. Xavios · filed 2007-10-17

We also agree with the District Court that Sampson has not shown grounds for holding Berks County liable under § 1983, as the pleadings do not set forth facts showing that the alleged constitutional violations are attributable to an official county policy or custom.

Section 1983 municipal liability requires an official policy or custom that caused the constitutional violation and was its moving force.

Estate Thetis Sims v. County of Bureau · filed 2007-10-19

In order to state a § 1983 claim against a municipality, the complaint must allege that an official policy or custom not only caused the constitutional violation, but was “the moving force” behind it.

Section 1983 does not make a school board liable for conduct that neither implements an unconstitutional board policy nor constitutes action by the board.

Weathers v. Lafayette Parish School Board · filed 2007-10-22

Accordingly, as the board did not take any action as to Weathers and because any action taken by others was not pursuant to an unconstitutional school board policy, LPSB is not liable to plaintiff under § 1983.

Section 1983 does not impose municipal liability through respondeat superior; a plaintiff must identify a municipal policy or custom that caused the injury.

Wilson v. City of Hazelwood, Mo. · filed 2007-10-22

In Bryan County, however, the majority of the Supreme Court held that a municipality may not be held liable under § 1983 pursuant to a theory of respondeat superior. To establish liability a plaintiff must identify a municipal policy or custom which caused his injury. Id. at 403, 117 S.Ct. 1382 (citing Monell v. New York City Dept. of Social Servs., 436 U.S. 658, 689, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978)). Captain Wilson does not allege such a policy or custom. As such, the court finds that summary judgment should be granted in favor of the City in regard to Count III.

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

Rhoten v. Dickson · filed 2007-10-23

The district court also properly granted the City of Topeka’s motion for summary judgment. “A municipality may not be held liable where there was no underlying constitutional violation by any of its officers.” Camuglia v. City of Albuquerque, 448 F.3d 1214, 1223 (10th Cir. 2006) (quotation omitted).

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

Rhoten v. Pase · filed 2007-10-23

The district court also properly granted the City of Topeka’s motion for summary judgment. “A municipality may not be held liable where there was no underlying constitutional violation by any of its officers.”

Section 1983 bars municipal liability based solely on an employee’s misconduct, regardless of the relief sought.

Reynolds v. Giuliani · filed 2007-10-31

We join several of our sister circuits in adopting the view that Monell’s bar on respondeat superior liability under § 1983 applies regardless of the category of relief sought.

Section 1983 requires evidence of a municipal custom or policy of deliberate indifference to a constitutional violation to hold a city liable.

McCarthy v. City of Newburyport · filed 2007-10-31

Finally, the City of Newburyport is entitled to summary judgment because, as the court below observed, McCarthy has not produced the requisite evidence of a municipal custom or policy of deliberate indifference to a constitutional violation.

A municipality is not liable under § 1983 when the officers did not violate the plaintiff’s constitutional rights.

Moline v. City of Castle Rock · filed 2007-11-02

Here, we need only consider the first step in this analysis. Having reviewed the record and Moline’s arguments on appeal, we conclude that no violation of Moline’s Fourth or Fourteenth Amendment rights occurred. Accordingly, neither the individual officers nor the municipal defendants are liable. City of Los Angeles v. Heller, 475 U.S. 796, 799, 106 S.Ct. 1571, 89 L.Ed.2d 806 (1986) (per curiam) (holding that a municipality cannot be liable under section 1983 where the individual officers did not violate the plaintiffs constitutional rights).

Section 1983 municipal liability for failure to train or supervise requires proof that the underlying arrest or seizure violated a federal constitutional right.

Monroe Ex Rel. C.B.D. v. McNairy County · filed 2007-11-06

Absent proof that an arrest or seizure violated a plaintiffs federal constitutional rights, there can be no municipal liability under Monell v. Department of Social Services of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).

Section 1983 requires a plaintiff seeking to hold a municipality liable for its employees’ civil rights violations to show a municipal policy or custom; one alleged incident does not establish a pervasive policy or custom.

Sanders v. District of Columbia · filed 2007-11-08

The policy or custom must be pervasive to support municipal liability, Carter v. District of Columbia, 795 F.2d 116 (D.C.Cir.1986), and the Court finds that the one incident of alleged retaliation against Sanders does not qualify as pervasive. ... The Court therefore will grant defendants’ motion to dismiss with respect to the First Amendment retaliation claims against the District of Columbia under Section 1983.

A § 1983 claim against a municipality requires facts identifying an unconstitutional municipal policy and connecting it to municipal action.

Lundy v. Town of Brighton · filed 2007-11-09

Furthermore, Lundy has not specifically identified the allegedly unconstitutional municipal policies, nor has she specified facts indicating that any Town actor promulgated, articulated or applied such policies.

Section 1983 does not impose municipal liability merely because an officer departed from county policy; the policy must be the moving force behind the alleged constitutional violation.

Luke v. Alexander Brown, Jr. · filed 2007-11-15

Although it is unfortunate that Officer Brown departed from the county’s policy, that departure does not mean that the policy itself was unconstitutional or that it was the moving force behind the alleged constitutional violation.

Section 1983 generally requires a governmental entity’s policy or custom to cause the constitutional violation for municipal liability.

Harris v. Forrest County MS · filed 2007-11-19

Normally, a governmental entity is not liable under § 1983 unless the evidence establishes that a policy or custom of the government caused the constitutional violation, and a single act by a government employee is often insufficient to establish the requisite policy or custom.

Section 1983 permits municipal liability for constitutional violations caused by an official policy or established custom, but does not allow respondeat superior liability.

McClendon v. City of Detroit · filed 2007-11-21

Because respondeat superior liability is not available as a means of recovery under § 1983, Doe v. Claiborne County, 103 F.3d 495, 507 (6th Cir. 1996), the McClendons cannot base their claims against the City solely on the conduct of Officers Gilbert and Hope.

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

Lakteen v. Clark County · filed 2007-11-26

The district court properly granted summary judgment to the County on Lakteen’s section 1983 claim, because she did not present evidence sufficient to show either that the alleged sexual harassment was the result of the County’s official policy or custom, or that a final policymaker of the County was involved in the alleged misconduct.

Section 1983 does not allow a local government to be sued for an injury inflicted solely by its employees or agents.

Lyttle v. Killackey · filed 2007-11-20

“[A] local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents.”

Section 1983 requires a plaintiff suing a municipality to show that its custom or practice abridged her constitutional or statutory rights.

B.R. Ex Rel. Rempson v. District of Columbia · filed 2007-12-03

It is the plaintiffs burden to establish that a municipality has a custom or practice abridging her constitutional or statutory rights.

Section 1983 permits liability against a local governmental entity only when its official policy or custom causes a deprivation of constitutional rights; the entity is not vicariously liable for its employees’ acts.

Gary v. Floyd · filed 2007-12-05

As explained by the Magistrate Judge, a local governmental entity cannot be held vicariously liable for the unconstitutional acts of its employees and is only liable under § 1983 if it causes a deprivation of constitutional rights through an official policy or custom.

Section 1983 does not make a Texas county liable for a constable’s conduct when the constable is not a final policymaker for the county.

Tonkin v. Harris County Texas · filed 2007-12-10

Because the discharged employees brought suit only against Harris County and cannot show that Jones, as a constable, is a final policy maker for the county, the former employees’ § 1983 claim must fail.

Section 1983 requires a wrongful or injurious municipal policy or custom causally linked to an unconstitutional deprivation for county liability.

Arledge v. Franklin County, Ohio · filed 2007-12-11

Plaintiffs have also brought a claim against Franklin County under § 1983 for an unconstitutional policy or practice. For liability to attach, plaintiffs must show a wrongful or injurious policy or custom on the part of the County and a causal link between the policy and the unconstitutional deprivation.

Section 1983 permits municipal liability when a policymaker’s official policy or custom is the moving force behind a constitutional violation.

Multi-Ethnic Immigrant Workers Organizing Network v. City of Los Angeles · filed 2007-12-14

Municipal liability under § 1983 requires proof of three elements: a policymaker, an official policy, and a violation of constitutional rights whose “moving force” is the policy or custom.

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

Long v. City and County of Honolulu · filed 2007-12-20

The municipality, however, cannot be liable under a respondeat superior theory.

Section 1983 makes a local government liable for an employee’s injury only when a government policy or custom caused it.

Meyers v. La Porte Independent School District · filed 2007-12-20

A local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents. Instead, 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.

Section 1983 requires evidence of a municipal policy or custom to hold a city liable for its officers’ failure to render medical aid.

Long v. City and County of Honolulu · filed 2007-12-21

Similarly, the city cannot be held liable for the failure to render medical aid without evidence that the failure to render aid was pursuant to a city policy or custom.

Section 1983 does not impose municipal liability based solely on an official’s discretion when that official lacks final policymaking authority.

Albert v. City of Hartford · filed 2007-12-21

The fact that Albert has not demonstrated that Chief Marquis possessed something more than discretion in examining certain functions prevents him from recovering from the City Defendant for a violation of § 1983.

Section 1983 permits municipal liability when a municipal policy or custom causes a constitutional violation, but not solely because the municipality employs the person responsible.

Estate of Soberal v. City of Jersey City · filed 2007-12-27

A municipality cannot be held liable under § 1983 based on a theory of respondeat superior; however, a municipality can be sued directly under § 1983 if the action that caused a constitutional tort was based on a municipal custom or policy.

Section 1983 requires a direct causal link between a municipality’s policy or custom and the alleged constitutional injury; incomplete compliance with internal policies alone does not establish that link.

Brice v. City of York · filed 2007-12-28

Other evidence of the police department’s incomplete compliance with its internal policies is simply sound and fury. It does not signify the direct causal link required for municipal liability under § 1983.

Section 1983 requires proof of an officer’s constitutional violation and a municipal policy or custom that caused it to hold a municipality liable for the officer’s actions.

Estate of Larsen Ex Rel. Sturdivan v. Murr · filed 2008-01-02

A § 1983 suit against a municipality for the actions of its police officers requires proof that (1) an officer committed a constitutional violation and (2) a municipal policy or custom was the moving force behind the constitutional deprivation that occurred.

Section 1983 municipal liability requires a county policy, practice, custom, or deliberately indifferent inaction connected to the alleged deprivation of rights.

Mueller v. County of Los Angeles · filed 2008-01-09

The evidence Mueller presented to the district court, however, was insufficient to create a genuine issue of material fact as to whether the County maintained such policies. Because we conclude that Mueller did not establish a basis for the County’s liability under Monell, we need not address whether Mueller provided sufficient evidence to create a genuine issue of material fact regarding the alleged violations of his constitutional rights.

Section 1983 permits municipal liability when a rights deprivation results from a policy or custom or from the action of an official with final policymaking authority.

Evans v. Chichester School District · filed 2008-01-10

Thus, in order for the District to be liable under § 1983, Evans must allege that the actions of the District or its employees that deprived her of her federally protected free speech rights resulted from policy or custom or were done by employees who had final policymaking authority.

Section 1983 makes a local government liable for its own wrongdoing, not solely for the acts of its employees.

Powers v. County of Lorain · filed 2008-01-11

A local government is only liable under § 1983 for its own wrongdoing and not under any theory of respondeat superior.

Section 1983 does not impose respondeat superior liability on a school board; liability requires a government custom or policy that caused the adverse action.

Jenkins v. Rock Hill Local School District · filed 2008-01-17

The district court also did not err in granting summary judgment to the School Board on both Jenkins’s and Mul-key’s claims because there is no responde-at superior liability in actions under § 1983, and there is no evidence a government custom or policy led to any adverse action against Plaintiffs.

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

Sherbrooke v. City of Pelican Rapids · filed 2008-01-17

Because the police officers did not violate Sherbrooke’s constitutional rights under the Fourth Amendment, there can be no municipal liability under the Fourth Amendment for an unconstitutional policy.

Section 1983 permits a suit against a city only when an official policy caused a constitutional violation.

Johnson, Brad v. City of Kankakee · filed 2008-01-22

Furthermore, Johnson could not maintain a suit pursuant to 42 U.S.C. § 1983 against the city of Kankakee absent an official policy that caused a constitutional violation.

A city may waive the policy-or-custom requirement for Section 1983 liability, but a stipulation tying liability to employees alleged in the complaint does not cover unnamed employees.

Evans v. City of Chicago · filed 2008-01-23

Thus, the City waived its right under Monell v. New York City Department of Social Services not to be held liable in damages without proof that the City by its “policy or custom” caused the alleged constitutional violation. ... The stipulation’s plain language does not permit recovery upon a showing that “any” City employee violated Evans’ rights, just those employees “as alleged in the first amended complaint.”

Section 1983 permits a claim against a municipality only when a municipal policy or custom caused the alleged rights violation.

Niederstadt v. Town of Carrizozo · filed 2008-01-24

Given these principles, it is clear that Plaintiff could bring a 42 U.S.C. § 1983 action only against Rivera, and not against the Town, unless he had some evidence that the Town had a policy or custom permitting or condoning assaults by its police officers.

When municipal liability under Section 1983 is based on a supervisory official’s acts, those acts must show deliberate indifference to constitutional rights.

Collins v. County of Monroe · filed 2008-01-28

However, assuming arguendo that Allkofer’s ratification of the recommendations of the Human Resources Department is sufficient to impute liability to the County, there is simply no evidence that his actions were undertaken with “deliberate indifference” to Collins’ constitutional rights.

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

Brown v. District of Columbia · filed 2008-02-01

To determine whether a plaintiff can hold a municipality liable under § 1983, we must answer two questions. “First, the court must determine whether the complaint states a claim for a predicate constitutional violation. Second, if so, then the court must determine whether the complaint states a claim that a custom or policy of the municipality caused the violation.”

Section 1983 permits municipal liability when an official policy or custom causes a constitutional violation and the municipality is deliberately indifferent to the likelihood of that violation.

Hilchey v. City of Haverhill · filed 2008-02-01

Furthermore, Hilchey must prove that the City had adopted an official policy or custom (whether it was a specific vendetta against her and her husband or a more general practice of condoning such vendettas) that was likely to produce a civil rights violation of the kind alleged and that the City was, at least, deliberately indifferent to such likelihood. Only if plaintiff proves an actual violation of her constitutional rights and that the violation arose from a policy that may fairly be attributed to the City can she prevail.

A municipal policy or practice claim under section 1983 fails if the plaintiff suffered no constitutional deprivation.

Connolly v. County of Suffolk · filed 2008-02-01

Because Connolly has failed to show that he suffered any constitutional deprivation, the second variant of his section 1983 claim must also fail.

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

Hillblom v. County of Fresno · filed 2008-02-04

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 imposes municipal liability when an official policy or custom is the moving force behind a constitutional violation and is attributable to a policymaker.

Kelley v. City of Wake Village · filed 2008-02-04

In order for municipal liability to be imposed under § 1983 three elements must be proven: a policymaker, an official policy, and a violation of constitutional rights whose “moving force” is the policy or custom.

Section 1983 does not permit supervisory or county liability for a failure to train or a policy when the deputy committed no underlying constitutional violation.

Gish Ex Rel. Estate of Gish v. Thomas · filed 2008-02-05

Without an underlying violation of Brandon Gish’s constitutional rights, Thomas cannot be liable in his individual or official capacity for a failure to train Gilmer and Pike County cannot be liable on the ground that its policy caused a constitutional violation.

Section 1983 requires a plaintiff suing a municipality to allege that an official custom or policy caused a constitutional violation affecting the plaintiff.

Hubbs v. County of San Bernardino, CA · filed 2008-02-07

To properly allege a Section 1983 claim against a municipal entity, such as defendant County, a plaintiff must allege constitutional violations affecting him occurred pursuant to an official municipal custom or policy.

Section 1983 permits municipal liability for an employee’s conduct pursuant to an official policy, custom, or practice, but not on a respondeat superior theory.

Hines v. City of Albany · filed 2008-02-08

A municipal entity, such as the City here, may not liable pursuant to § 1983 under the theory of respondeat superior, but may be liable where its employee acted pursuant to an official policy, custom, or practice of said entity.

Section 1983 municipal liability requires evidence of a city policy or custom; without it, claims against the city and officials in their official capacities fail.

Rodriguez v. City of New York · filed 2008-02-11

As there is no evidence of a policy or custom promulgated by the City, the Court grants defendants’ summary judgment motion as it relates to municipal liability against the City and against the individual defendants in their official capacities.

Section 1983 municipal liability requires a policy or custom attributable to the municipality that causes a constitutional violation.

Dean v. City of Fresno · filed 2008-02-12

Plaintiffs have failed to establish any policies or customs by Fresno that amount to deliberate indifference to constitutional rights.

A city is liable under § 1983 for injuries caused by its official policies or customs; a claim against the city fails without facts supporting that connection.

Hernandez v. City of Union City · filed 2008-02-12

Union City is subject to liability under § 1983 for injuries caused by its official policies and customs. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694 (1978); Couden v. Duffy, 446 F.3d 483, 500 (3d Cir. 2006). However, because Appellant has alleged no facts supporting the claim that a municipal policy or custom caused the alleged injuries, summary judgment was proper as to the City.

Section 1983 generally requires a municipality's custom or policy to have caused the injury and does not impose respondeat superior liability.

Woods v. York County · filed 2008-02-19

The Supreme Court first pronounced that there was no respondeat superior liability under 42 U.S.C. § 1983 for municipalities or other local governmental bodies in Monell v. New York City Dept. of Social Servs., 436 U.S. 658, 689, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Thus, in order to succeed on a § 1983 claim against York County, Plaintiff generally must identify a custom or policy that caused her injury.

Section 1983 permits municipal liability when the municipality’s customs or policies cause a constitutional violation, but not under respondeat superior.

De Angelis v. The City of El Paso · filed 2008-02-19

Thus, even if the City’s detectives entered De Angelis’s house without permission, the City is not liable unless its customs or policies caused the unlawful entrance.

A municipality is liable under § 1983 only when an official policy or custom causes the alleged violation of rights.

Rebrovich v. County of Erie · filed 2008-02-22

In order to sustain a section 1983 claim against a municipality, the act that caused the violation of rights must have been committed pursuant to an official policy or custom. ... Plaintiff has offered no proof of either a municipal policy to violate the First Amendment rights of employees of the Aurora Barn or that Naylon or Rider were policymakers whose decisions could be said to reflect official Erie County policy. Accordingly, there is no basis to impute liability to the County, and the claims against Erie County are dismissed.

Section 1983 does not make a municipality liable solely because it employs a person who committed a constitutional violation.

Martin v. Lakewood Police Department · filed 2008-02-22

The District Court also correctly concluded that Defendant Lakewood Police Department was entitled to summary judgment because Martin’s theory of respondeat superior was flawed. “[A] municipality cannot be held liable solely because it employs a tortfeasor – or, in other words, a municipality cannot be held liable under § 1983 on a respondeat superior theory.”

Section 1983 permits a plaintiff to sue a municipality when its policy or custom causes a violation of the plaintiff’s constitutional rights.

Crull v. City of New Braunfels · filed 2008-02-25

Monell permits a plaintiff to sue a municipality, under 42 U.S.C. § 1983, for the violation of a constitutional right where the municipality has a policy or custom that caused plaintiff’s injury.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show that a constitutional deprivation resulted from an official policy or custom.

Verna v. Public Health Trust of Miami-Dade County · filed 2008-02-26

To establish municipality liability under § 1983, a plaintiff must show a deprivation of constitutional rights occurred as a result of an official government policy or custom. ... Verna has not alleged, much less proved, the existence of an official custom or policy that lead to the alleged deprivation of her constitutional rights. There is also no record evidence that the decision to terminate her position was made by an individual with final policy making authority.

Section 1983 municipal liability may be pleaded through allegations of an informal policy or a failure to train.

Alexander v. City and County of Honolulu · filed 2008-02-28

To the extent the City and County argues that the Amended Complaint fails to allege a basis for municipal liability, the court disagrees. The Amended Complaint alleges municipal liability based on both “informal policy,” and “failure to train.”

Section 1983 permits a county to face liability for a sheriff’s official county policy, even when county commissioners do not control the sheriff’s employees.

Anglin v. City of Aspen · filed 2008-02-29

Municipal liability is limited to deprivations of federally protected rights caused by actions taken pursuant to official municipal policy or custom and “attaches only where the decisionmaker possesses final authority to establish municipal policy with respect to the action taken.” ... Thus, I find Pitkin County Commissioners cannot escape potential shared liability with Sheriff Braudis by arguing that he, alone, is responsible for the acts of his employees.

Section 1983 permits claims against local governing bodies for constitutional deprivations caused by official policy or custom, but does not impose liability solely because they employ the wrongdoer.

Distiso Ex Rel. Distiso v. Town of Wolcott · filed 2008-03-02

The claims against the town and board were brought pursuant to Monell v. Dept. of Social Servs., 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), which permits local governing bodies to be sued under 42 U.S.C. § 1983 for constitutional deprivations that result from official policy or custom. Monell does not allow respondeat superior liability under § 1983. See, e.g., Reynolds v. Giuliani, 506 F.3d 183, 191 (2d Cir.2007). In the present case, there is no evidence that the town or board had an official policy or custom of condoning racial discrimination. The town and board are therefore entitled to summary judgment on counts eighteen and nineteen of Robin DiStiso’s complaint.

Section 1983 permits municipal liability when an official exercising delegated final policymaking authority causes a constitutional violation; whether that authority was exercised can present a factual issue.

Knox v. City of Portland · filed 2008-03-05

Thus, where final policy-making authority is delegated to an official who then acts pursuant to that delegated authority in a way that causes a constitutional violation, the municipality will be liable for the resulting injury. ... Considering the facts in the light most favorable to plaintiff, Mackrill was acting as a policymaker with regards to the duties and assignments of Parking Enforcement Officers. Accordingly, plaintiff has established a genuine issue of material fact as to municipal liability.

A municipality is liable under § 1983 when its policy or custom causes a constitutional injury.

Mayer v. Edwards · filed 2008-03-05

A municipality is liable under § 1983 when its policy or custom results in a constitutional injury to the plaintiff.

A county is not liable under § 1983 for alleged unconstitutional acts without evidence that an existing municipal policy attributable to a policymaker caused the deprivation.

Womack v. County of Amador · filed 2008-03-07

These alleged incidents of unconstitutional activity are insufficient to establish municipal liability because there is no evidence that the alleged deprivations were caused by an existing, unconstitutional municipal policy, which can be attributed to a municipal policymaker.

Section 1983 does not make a city liable for employees’ actions when they lack final authority over the decision at issue.

Layman Lessons, Inc. v. City of Millersville, Tn · filed 2008-03-07

In other words, the City has presented material evidence that neither Mr. Lech nor Mr. Mobley had authority or the ability to deny outright an application for a Certificate of Occupancy, and that the Planning Commission had the discretion to disregard their recommendations. Layman Lessons has not presented any material evidence to the contrary that would create a material factual dispute as to those points. Thus, there is no basis for holding the City liable under § 1983 for the actions of Lech or Mobley in allegedly denying or delaying the issuance of a Certificate of Occupancy prior to Layman Lessons’ initial filing of this lawsuit.

Section 1983 does not require a plaintiff alleging municipal liability to identify a policymaker in the complaint.

Byrd v. District of Columbia · filed 2008-03-13

Plaintiffs are correct that Triplett does not require them to identify an individual with policymaking authority in the complaint.

Section 1983 permits a municipal liability claim to proceed at the pleading stage when the complaint sufficiently alleges that an official had final policymaking authority over the challenged conduct; the plaintiff must ultimately prove that authority under local law.

Williams v. Johnson · filed 2008-03-14

Plaintiff will ultimately be required to prove that, as a matter of District law, Mr. Johnson had final policymaking authority with respect to the District’s alleged retaliation against Plaintiff. At this stage, however, her allegations of municipal liability are sufficient to survive Defendants’ motion to dismiss.

Section 1983 requires adequate allegations of municipal policy-making involvement to hold a city liable for a constitutional violation.

Hussein v. City of Perrysburg · filed 2008-03-17

Plaintiffs have not adequately alleged involvement by the City at the policy-making level to demonstrate Monell liability. Accordingly, plaintiffs’ § 1983 claim against the City will be dismissed for failure to state a claim upon which relief can be granted.

Section 1983 permits municipal liability when a policy or widespread custom causes a constitutional injury; a factual dispute about that connection can preclude summary judgment.

Megargee v. Wittman · filed 2008-03-19

As such, a factual question arises whether plaintiffs’ exposure to excessive deadly force was the product of a policy or widespread practice so well settled to constitute a County custom. A subjective use of deadly force policy or practice is closely related to plaintiffs’ ultimate injuries to preclude the County summary judgment/adjudication on the (second) Monell cause of action.

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

Whittington v. Town of Surfside · filed 2008-03-17

Therefore, because Whittington has failed to create a genuine issue of material fact that his alleged constitutional violation was caused by a municipal custom or policy, we affirm the district court’s grant of summary judgment in favor of Surfside.

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

Jackson v. Onondaga County · filed 2008-03-20

“Rather, to establish municipal liability under § 1983 for unconstitutional acts by a municipality’s employees, a plaintiff must show that the violation of [his or] her constitutional rights resulted from a municipal custom or policy.”

A § 1983 claim against a city based on an alleged custom or practice of failing to discipline, train, and screen officers can proceed when the evidence creates a genuine issue of material fact.

Eubanks v. Grand Rapids · filed 2008-03-20

Eubanks submitted evidence to create a genuine issue of material fact on his claim against the City of Grand Rapids. He alleged that the City of Grand Rapids had an unconstitutional custom or practice of failing to discipline, train, and screen its police officers, which contributed to the unconstitutional actions of Baylis. Because the district court did not address this argument directly and granted summary judgment in favor of Defendants on all claims, reasoning that Baylis could not have been involved in the alleged incident, we remand this claim for further consideration.

Section 1983 allows a municipal custom or policy to be established through widespread practices or repeated constitutional violations for which officers are not disciplined.

Pierce v. County of Orange · filed 2008-03-24

A custom can be shown or a policy can be inferred from widespread practices or “evidence of repeated constitutional violations for which the errant municipal officers were not discharged or reprimanded.”

A municipality is liable under § 1983 for a constitutional tort only when an official municipal policy caused it.

Seymour v. City of Des Moines · filed 2008-03-25

A municipality may not be held liable under section 1983 “unless action pursuant to official municipal policy of some nature caused a constitutional tort.” Monell v. Dep’t of Social Services, 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611(1978).

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

Merring v. City of Carbondale, Pennsylvania · filed 2008-03-27

To establish a civil rights violation by a municipality, a plaintiff must demonstrate that the alleged misconduct was caused by an official government custom or policy. ... In the instant case, the plaintiffs have presented no evidence of a policy or custom that would lead to liability of the City of Carbondale. Judgment will therefore be granted to the city.

Section 1983 does not make a local government liable for an employee’s conduct solely under respondeat superior; liability requires an official policy or custom that caused the rights violation.

Doss v. City of Savannah · filed 2008-03-28

Further, interpreting Doss’s claim as one under 42 USC § 1983, the City was also entitled to summary judgment because local governments cannot be held liable under § 1983 on a respondeat superior theory, and there was no evidence of any deliberate and official policy or custom which violated Doss’s due process rights.

A municipality may be liable under § 1983 when its final policymaker ratifies a subordinate’s unconstitutional conduct.

Shrum v. CITY OF COWETA, OKLA. · filed 2008-03-28

The City, through its admitted final policymaker, Whitlock, could be viewed to have ratified the actions of Palmer.

Section 1983 does not make a city liable solely because its employee violated someone’s constitutional rights.

Lupinacci v. Pizighelli · filed 2008-03-31

Under Monell and its progeny, a city cannot be held liable in a Section 1983 claim under a respondeat superior theory.

Section 1983 requires a plaintiff seeking to hold a municipality liable for a constitutional violation to show that a municipal policy, custom, or practice caused the deprivation.

Jackson v. District of Columbia · filed 2008-03-31

Moreover, Defendant District of Columbia cannot be held liable for the alleged constitutional violations because plaintiff has not established that the alleged deprivations were caused by a policy, custom or practice of the District.

Section 1983 does not permit a claim against a city when the underlying equal protection claim against its officer fails.

Starr v. Downs · filed 2008-03-27

As Mr. Starr’s claim against Officer Downs under the Equal Protection Clause fails, his claim against the City of Tulsa also fails.

A municipality is liable under § 1983 only if its policy or custom caused the alleged constitutional violation.

Reynolds v. New Orleans City · filed 2008-04-02

Thus, even if Lange’s search and seizure was unconstitutional, the City is not liable unless its customs or policies caused the unconstitutional search and seizure.

Section 1983 does not impose municipal liability for conduct that caused no underlying constitutional violation.

Sanders v. City of Fresno · filed 2008-04-03

Where there is no underlying constitutional violation, there can be no municipal liability under 42 U.S.C. § 1983 for that conduct.

Section 1983 requires an underlying constitutional violation by municipal officers before a municipality can be held liable.

Jones v. City of Cincinnati · filed 2008-04-04

A municipality cannot be held liable under § 1983 absent an underlying constitutional violation by its officers.

Section 1983 municipal liability requires an underlying constitutional violation by the municipality’s officers.

Jones v. Cincinnati · filed 2008-04-04

A municipality cannot be held liable under § 1983 absent an underlying constitutional violation by its officers.

Section 1983 permits a claim against a municipality only when the alleged civil rights violation arose from an official municipal custom or policy.

Johnson v. Town of Nantucket · filed 2008-04-07

To prevail against the Town on her federal claim, the plaintiff must demonstrate that the violation of her civil rights arose out of the official custom or policy of the municipality.

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

Florida Transportation Service, Inc. v. Miami-Dade County · filed 2008-04-07

Finally, I reject the County’s argument that Florida Transportation has failed to establish municipal liability. A plaintiff seeking to hold a municipality liable under § 1983 must identify a municipal policy or custom that caused his injury.

Section 1983 municipal liability requires a link between a school district’s official policy and the alleged constitutional violation.

Morrison v. Board of Educ. of Boyd County · filed 2008-04-09

In Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), the Supreme Court constrained municipal liability to occasions when local government bodies took actions "under color of some official policy” that resulted in the violation of a constitutional right. ... In assessing whether Morrison experienced imminent harm, therefore, we look not to the high school or any particular administrator — but rather, to the policy as articulated by the Board.

For a § 1983 claim against a school district, the court assesses alleged imminent harm by looking to the board’s policy rather than to the high school or an individual administrator.

Morrison v. Boyd Cnty Bd Ed · filed 2008-04-09

We note that the defendant here is the school district. In Monell v. Department of Social Services, 436 U.S. 658 (1978), the Supreme Court constrained municipal liability to occasions when local government bodies took actions “under color of some official policy” that resulted in the violation of a constitutional right. ... In assessing whether Morrison experienced imminent harm, therefore, we look not to the high school or any particular administrator—but rather, to the policy as articulated by the Board.

Section 1983 permits municipal liability for a constitutional deprivation caused by an official municipal policy or custom.

Edwards v. City of Martins Ferry · filed 2008-04-14

Monell, however, limits municipal liability to situations where the deprivation of constitutional rights results from an official policy or custom of the municipality.

Section 1983 permits municipal liability when a municipality's policy or custom inflicts the injury.

TONGSON v. County of Maui · filed 2008-04-17

Under § 1983, municipalities are only liable where the “execution of [its] policy or custom ... inflicts the injury.”

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

Costello v. Town of Warwick · filed 2008-04-17

Furthermore, the district court did not err in granting summary judgment to the Town of Warwick on the municipal liability claim. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694-95, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (holding that a local government may not be sued under § 1983 on the theory of respondeat superior).

Section 1983 does not impose liability on governmental entities for officers’ misconduct.

Dean v. Gladney · filed 1978-05-16

Justice Marshall discussed in detail the legislative history relating to 42 U.S.C. § 1983, in which Congress displayed a clear intent to refrain from enacting legislation allowing the imposition of liability upon governmental entities for officer’s misconduct.

Section 1983 permits claims against local governmental units and agencies implementing official policy when they are amenable to suit as persons under the section.

Alexander v. Polk · filed 1978-10-31

Furthermore, inasmuch as Monell v. New York City Department of Social Services, 436 U.S. 658, 690-695, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), has redefined “personfs]” amenable to suit under section 1983 to encompass local governmental units and agencies implemeriting official policy, all of the named plaintiffs in this action, the City included, come within the ambit of the court’s jurisdiction.

Section 1983 permits damages claims against city officials sued in their official capacities when the alleged constitutional deprivation results from official policy or governmental custom.

Eckl v. City of Boston · filed 1979-09-24

The creation of municipal liability during the pendency of this case dictates that the court should depart from the previously established rule of the case. Plaintiff may maintain an action under § 1983 for damages against the City defendants.

Section 1983 provides a civil action for deprivation of federal rights and limits municipal and supervisory liability to defendants whose policies or actions caused the alleged violation.

Locust v. Degiovanni · filed 1980-03-13

As presently drafted, plaintiff’s complaint fails to state a cause of action against the moving defendants under 42 U.S.C. § 1983. He has failed to allege any governmental policy or custom which would give rise to municipal liability under Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).

Section 1983 allows suits against state actors for violating federal rights and permits nominal damages for an established violation without proof of actual injury.

Familias Unidas, an Unincorporated Association, and Irma Torrez v. Briscoe · filed 1980-06-18

The Supreme Court in Monell held school districts and local governments to be “persons” subject to suit under 42 U.S.C. § 1983, “where, as here, the action that is alleged to be unconstitutional implements or executes a . decision officially adopted and promulgated by that body’s officers.” 436 U.S. at 690, 98 S.Ct. at 2036. The request for implementation of section 4.28, voted by the Board of Trustees, certainly represents official policy of the Hondo Independent School District, and, therefore, the district is liable to Torrez for nominal damages based on the implementation of that policy.

Section 1983 permits claims for constitutional deprivations caused by municipal policy or deliberate indifference.

Whitley v. City of New York · filed 1981-08-04

In short, the factual allegations in this case are insufficient to establish a § 1983 claim against the City. Moreover, in view of the facts alleged here, further discovery to substantiate a § 1983 claim against the City is not warranted. Thus, plaintiff’s claim under § 1983 must be dismissed.

Section 1983 allows municipal liability for constitutional deprivations caused by an isolated incident when the municipality’s gross negligence or deliberate indifference supports the claim.

Harlee v. Hagen · filed 1982-05-11

The Court agrees with plaintiff that an isolated incident can be the basis for a municipality’s section 1983 liability.

Section 1983 does not impose respondeat superior liability on municipalities; municipal liability requires a governmental policy or authorization for the challenged conduct.

Shillingford v. Holmes · filed 1983-01-03

Additionally, we note that the State court petition fails to state a § 1983 cause of action against the City, because a municipality cannot be held liable under respondeat superior in a § 1983 suit. Monell v. Dept. of Social Services of N.Y., 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). As there is no allegation of a governmental policy or authorization for conduct such as Van Holmes’, the instant petition does not state a cause of action against the City under § 1983.

Section 1983 imposes municipal liability when the municipality's own policy or custom causes the constitutional deprivation, rather than solely because it controls employees.

Bennie Lenard, Cross-Appellant v. Robert Argento & Joseph Sansone v. Village of Melrose Park · filed 1983-02-15

Liability of municipalities must be based on something more than a mere right to control employees. A “municipality cannot be held liable under § 1983 on a respondeat superior theory.”

Section 1983 requires municipal liability claims to plead a policy or custom with enough factual specificity to state a valid claim.

Garcia v. County of Los Angeles · filed 1984-04-30

The Court need not reach the issue of whether the County of Los Angeles, by virtue of its limited supervision of the Sheriff’s Department, may be liable for Department custom or policy under section 1983 because it is apparent that plaintiffs have not adequately pleaded such policy or custom on the part of either the Department or the County. ... Such pleading of mere legal conclusions without further specification is insufficient to state a valid claim.

Section 1983 permits municipal damages only for the municipality’s own policy or custom, while qualified immunity shields officials from personal damages liability unless the unlawfulness was clearly established.

Milligan-Hitt v. Board of Trustees of Sheridan County School District Number 2 · filed 2008-04-22

We conclude that the superintendent was not the final policymaker for the district, and therefore that the district is not liable to pay for his wrongdoing. We also conclude that in early 2003, the discrimination at issue here—on the basis of sexual orientation—was not clearly established to be unconstitutional, and therefore that qualified immunity protects the superintendent from personal liability as well.

Section 1983 permits a municipal liability claim only when a constitutional violation supports it.

Exendine v. Sammamish City · filed 2008-04-22

Because there was no genuine issue of material fact with respect to any alleged constitutional violation, the district court properly dismissed the municipal liability claim.

Section 1983 permits a plaintiff to sue a municipality only when a constitutional-right deprivation is attributable to the municipality.

Abdul-Khaliq v. City of Newark · filed 2008-04-24

Because Khaliq has failed to demonstrate a constitutional violation, his § 1983 claims against the City necessarily fail. To succeed on a municipal liability claim, Khaliq must demonstrate both: (1) the deprivation of a constitutional right, and (2) that the City is responsible for that violation. See Doe v. Clairborne County, 103 F.3d 495, 505-06 (6th Cir. 1996) (citing Collins v. City of Harker Heights, 503 U.S. 115, 120 (1992)). His failure to demonstrate a constitutional violation dooms his claim at step one.

Section 1983 permits liability for municipal inaction only when it amounts to reckless indifference to the rights of those injured by municipal employees.

Savage v. Dane County · filed 1984-06-12

It is now clear that the level of inaction necessary for the imposition of liability on the basis of a municipal custom or policy must amount to reckless indifference to the rights of those injured by municipal employees.

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

Gilmere v. City of Atlanta · filed 1984-07-09

First, as we have observed, Monell instructs that, unless the plaintiff’s constitutional deprivation resulted from the execution of official policy or custom, the City cannot be held liable for money damages.

Under § 1983, a county’s practice of investigating arrestee injuries only after a written complaint does not establish municipal liability without sufficient culpability and causation.

Voie v. Flood · filed 1984-07-18

In short, plaintiff’s § 1983 claims against the County are without merit because the County’s failure to investigate injuries to arrestees unless a written complaint is filed does not rise to the level of culpability necessary to support liability and, at any rate, did not cause plaintiff’s injuries.

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

Magayanes v. T.J. Terrance · filed 1984-07-25

The rule is that if the police officers commit a wrong against plaintiff, the City cannot be held liable solely because it employs the officers.

A § 1983 complaint against a municipality must allege specific facts showing that a municipal policy or custom caused the deprivation of rights; conclusory allegations are insufficient.

Knudsen v. D.C.B., Inc. · filed 1984-09-05

No facts are alleged with sufficient particularity which indicate that a policy, practice or custom of the City caused the alleged deprivation of plaintiff’s constitutional rights. The bald, conclusory allegations of Counts I and II that a custom or policy of the City caused a violation of the plaintiff’s rights must therefore be dismissed as insufficient.

Section 1983 makes a municipality liable when an official with delegated policymaking authority causes an injury through acts that represent city policy.

Dr. Alvin I. Thomas, Cross-Appellant v. Eristus Sams, Individually and as Mayor of Prairie View, and City of Prairie Vie · filed 1984-09-17

Because the record demonstrates that the mayor’s actions represented city policy, we reverse the judgment in favor of the city and hold it jointly liable with its mayor.

Section 1983 permits claims seeking only prospective relief against a municipality without proof that a municipal policy or custom caused the injury.

Truth v. Kent School District · filed 2008-04-25

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

A plaintiff cannot establish a municipal policy or custom under § 1983 by relying only on a single incident of his own arrest.

Skinner v. Ambrose · filed 2008-04-28

Mr. Skinner maintains officers of the Fort Wayne Police Department arrested him without probable cause, but the existence of an unconstitutional custom, policy, or practice can’t be established by his reliance on the single incident of his own arrest.

Section 1983 claims against a county fail when the officers caused no constitutional injury.

Gregory v. County of Maui · filed 2008-04-28

Because we conclude that the officers did not use exces- sive force in violation of the Fourth Amendment, the estate’s § 1983 claims against the county also fail.

Section 1983 does not impose municipal liability solely for employees’ constitutional violations; the plaintiff must show a municipal policy or custom causing the injury.

Brewton v. City of New York · filed 2008-05-01

It is black-letter law that a municipality may not be held liable for its employees’ constitutional violations under a respondeat superior theory. ... Given plaintiffs unmitigated failure to adduce any evidence to establish the existence of a municipal custom or policy, summary judgment in favor of the City is granted.

Section 1983 claims against a city survive dismissal under Monell when the complaint alleges that the challenged actions followed city policies and procedures.

Smith v. City of Chicago · filed 2008-05-02

One other matter requires mention. The City of Chicago and the police superintendent argue that the complaint should be dismissed against them pursuant to Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). We reject the argument at this time. Plaintiffs’ complaint contains allegations which, if true, would survive Monell. They are that actions were taken in accordance with City policies and procedures.

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

Gamboa v. King County · filed 2008-05-07

Nor does Plaintiff offer any evidence establishing a direct and causal link between a municipal policy or custom and the alleged constitutional deprivation. Under such circumstances, Plaintiffs municipal liability claims against Defendants King County and the City of Burien shall be dismissed.

Section 1983 permits direct municipal liability when the Monell requirement is met, with separate liability for nominal damages.

Marshall v. City of Chicago · filed 2008-05-08

What City’s counsel appear to have forgotten is that plaintiffs’ claims against City, if and to the extent that they overcome the hurdle established by Monell v. Dep’t of Soc. Servs, of City of N.Y., 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), establish direct liability for an independent constitutional deprivation by that municipality. And that in turn, under Carey v. Piphus, 435 U.S. 247, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978), would create a separate liability on City’s part for nominal damages (“not to exceed $1”).

A municipality cannot be held liable under § 1983 for a policy or custom when there is no underlying constitutional violation.

GARENANI v. County of Clinton · filed 2008-05-12

Since there was no constitutional violation, the County cannot be held liable pursuant to any municipal policy or custom.

To hold a city liable under Section 1983, a plaintiff must show that a city policy, practice, or custom was deliberately indifferent to a constitutional right and caused its violation.

Levine v. City of Alameda · filed 2008-05-13

In this case, the district court properly determined that the City is not liable under 42 U.S.C. § 1983. Levine produced no evidence that the City had a policy that amounted to deliberate indifference to his constitutional due process rights, and was the moving force behind a violation of those rights.

Section 1983 permits liability against a governmental unit only when its own policy or custom causes the deprivation of constitutional rights.

Walker v. Sheahan · filed 2008-05-14

A governmental unit is not liable under § 1983 unless the deprivation of constitutional rights is caused by its own policy or custom. ... Based on this evidence, a reasonable jury could not find for Walker on his Monell claims.

A municipality is liable under § 1983 for an employee’s unconstitutional act when the employee acts pursuant to municipal policy or custom, or the municipality is deliberately indifferent to continuing, widespread, and persistent unconstitutional conduct by its officials.

Travis v. Park City Police Department · filed 2008-05-14

The problem here is that Mr. Travis has sued only Park City, not the officer in question, and under our precedents a municipality can be held liable for the unconstitutional actions of its employees only when those employees act pursuant to city policy or custom, see Simmons v. City of Uintah Health Care Special Dist., 506 F.3d 1281, 1284-85 (10th Cir. 2007) (citing Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690-91 (1978), or when the city itself has acted in a manner deliberately indifferent to the continuing, widespread, and persistent unconstitutional conduct by city officials, see Rost ex. rel. K.C. v. Steamboat Springs RE-2 Sch. Dist., 511 F.3d 1114, 1125 (10th Cir. 2008).

Section 1983 requires a causal link between a municipal policy or custom and the plaintiff’s injury to hold a municipality liable.

Pinnock v. City of New Haven · filed 2008-05-14

Absent a showing of a chain of causation between an official policy or custom and the plaintiffs injury, Monell prohibits a finding of liability against a municipality.

A municipal custom or policy may be inferred from widespread practices or repeated constitutional violations for which officers were not disciplined.

Pierce v. County of Orange · filed 2008-05-15

A custom can be shown or a policy can be inferred from widespread practices or “evidence of repeated constitutional violations for which the errant municipal officers were not discharged or reprimanded.” Gillette v. Delmore, 979 F.2d 1342, 1349 (9th Cir. 1992); see also Nadell v. Las Vegas Metro. Police Dep’t, 268 F.3d 924, 929 (9th Cir. 2001).

Section 1983 permits monetary damages against a city when a constitutional violation results from a policy, practice, or custom adopted by city officials.

Levine v. City of Alameda · filed 2008-05-13

A city can be sued for monetary damages under 42 U.S.C. § 1983 if the constitu- tional violation was a product of a policy, practice, or custom adopted and promulgated by the city’s officials.

Section 1983 does not make a county vicariously liable for the actions of its jailers or emergency medical technicians.

Whitt v. Stephens County · filed 2008-05-21

Because “[r]espondeat superior or vicarious liability will not at- tach under § 1983,” the county cannot be vicariously liable for the alleged actions of its jailers or EMT’s.

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

Young v. City of Radcliff · filed 2008-05-22

A local government entity violates § 1983 where its official policy or custom actually serves to deprive an individual of his or her constitutional rights. ... Young points to no policy or custom which caused the Fourth Amendment violations described above.

Section 1983 municipal liability requires a plaintiff to show that an official policy or custom caused the injury.

Scallion v. City of Hawthorne · filed 2008-05-29

Accordingly, genuine issues of material fact remain as to whether Scallion can show that “[her] injuries were inflicted pursuant to an official county policy or custom.”

A section 1983 claim against a municipality must plead an official policy or custom attributable to the municipality that proximately caused a constitutional deprivation.

Pettiford v. City of Greensboro · filed 2008-05-30

To state a cause of action against a municipality, a section 1983 plaintiff must plead (1) the existence of an official policy or custom; (2) that the policy or custom is fairly attributable to the municipality; and (3) that the policy or custom proximately caused the deprivation of a constitutional right.

Section 1983 damages claims against supervisors and municipalities require a predicate constitutional injury by an individual state officer.

Waybright v. Frederick County, MD · filed 2008-06-02

The § 1983 claim against Jeffrey Coombe is the gateway to all the other § 1983 claims, for supervisors and municipalities cannot be lia- ble under § 1983 without some predicate "constitutional injury at the hands of the individual [state] officer," at least in suits for damages.

A municipality may be liable under § 1983 when its policy or custom deprives someone of constitutional rights.

Thomas Ex Rel. Smith v. Sheahan · filed 2008-06-02

A municipality can be found liable under § 1983 if the municipality itself, through a municipal policy or custom, deprives someone of their constitutional rights.

Section 1983 does not make a city liable solely because its employee violated someone’s constitutional rights.

Johnson v. HANADA · filed 2008-06-02

Because the City cannot be liable on the basis of respondeat superior for any constitutional violation by Officer Hanada based on Claims One and Two, the Court concludes these two claims are only against Officer Hanada.

Section 1983 permits municipal liability when a municipal policy or custom deprives someone of constitutional rights.

Thomas v. Cook County Sheriff · filed 2008-06-02

A municipality can be found liable under § 1983 if the municipality itself, through a municipal policy or custom, deprives someone of their constitutional rights.

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

Edwards v. High Point Police Department · filed 2008-06-03

Since the officers cannot be found to have violated any right held by Plaintiff Edwards, the City of High Point cannot be found liable to Plaintiff under any theory recognized in law.

A § 1983 municipal claim fails when the plaintiff has not made the requisite showing for municipal liability.

Cano v. Bexar County Sheriff · filed 2008-06-04

In order for a municipality to be held liable pursuant to 42 U.S.C. § 1983, it must be established that a municipal policy or custom caused a constitutional violation.

Section 1983 imposes Monell liability on a county or sheriff when their policies or procedures cause a constitutional deprivation.

Smith v. County of Riverside · filed 2008-06-04

Because Smith chose to sue the County and Sheriff Doyle, rather than the individuals who conducted the strip search, we review whether either party instituted polices and procedures resulting in the constitutional deprivation. ... Because the County’s policies thus are constitutional, neither the County nor Doyle is liable under Monell.

Section 1983 permits municipal liability for a constitutional deprivation caused by a municipal policy, custom, or usage; allegations of similar wrongful discharges can sufficiently plead a pattern of unconstitutional conduct.

Gutierrez v. City of Chicago · filed 1985-03-21

As to the latter contention, it is undisputed that a municipality may be held liable under the federal civil rights statute if it has deprived a plaintiff of his constitutional rights pursuant to a policy, custom, or usage of the municipality. ... Plaintiffs’ allegations that they are at least eight of a number of city employees, the total of which may exceed 100, who were wrongfully discharged sufficiently alleges a pattern of unconstitutional conduct based on information and belief that others were similarly victimized by like conduct to survive a motion to dismiss.

Section 1983 permits a direct suit against a local government when the allegedly unconstitutional action implements or executes its official policy.

Chaudhry v. Prince George's County, Md. · filed 1985-04-17

A local governing body can be sued directly under § 1983 only where the allegedly unconstitutional action implements or executes a policy statement, ordinance, regulation or decision officially adopted and promulgated by that body’s officers.

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

A.T. v. County of Cook · filed 1985-07-02

However, the County can be held liable if its official policies or unwritten customs caused the alleged constitutional violations.

Section 1983 permits municipal liability when an established city policy or custom causes a deprivation of constitutional rights.

Fann v. City of Cleveland, Ohio · filed 1985-07-08

Here, however, there is no dispute but that the matron was implementing an established City policy and custom when she conducted the strip search of Fann. Accordingly, the City is liable under § 1983 for the deprivation of Fann’s constitutional rights.

Section 1983 requires facts showing that a municipal custom or policy caused the deprivation of constitutional rights.

Brown v. City of Chicago · filed 1985-07-09

Brown has not pled any facts which would suggest that the City of Chicago has a custom or policy which caused the deprivation of his constitutional rights. Therefore, defendants’ motion to dismiss Count II of the amended complaint is granted.

Section 1983 permits municipal liability when a municipal policy or custom is the moving force behind a constitutional violation.

Concepcion v. MUNICIPALITY OF GUARABO · filed 2008-06-06

For a municipality to be liable under section 1983, however, a plaintiff must prove that a municipal policy or custom was the “moving force [behind] the constitutional violation.”

Section 1983 permits municipal liability when a municipal policy or custom is the moving force behind a constitutional violation.

Barnhardt v. District of Columbia · filed 2008-06-09

The policy or custom itself must be the moving force behind the constitutional violation. ... The Court concludes that plaintiff adequately states a claim against the District of Columbia under Section 1983.

Section 1983 requires a plaintiff suing a municipality to show a constitutional deprivation for which the municipality is responsible.

Denning v. Metropolitan Government of Nashville · filed 2008-06-16

In order to succeed in a § 1983 suit against a municipality, a plaintiff must demonstrate that he was deprived of a constitutional right, and that the municipality is responsible for that violation.

Section 1983 permits liability against a municipal entity only for an official policy or a decision by someone with final policymaking authority.

Weathers v. School Board of Lafayette Parish · filed 2008-06-18

A municipal level governmental entity, such as the School Board here, can be held liable for Section 1983 violations only as a result of an official policy or the decision of a person or entity with final policymaking authority.

Section 1983 permits municipal liability when an officer’s constitutional violation is directly attributable to the municipality’s policy or custom.

Fogel v. Collins · filed 2008-06-26

A municipality is liable for the violation of constitutional rights if a city officer’s conduct is directly attributable to the city’s policy or custom.