42 U.S.C. § 1983

Section 1983 requires evidence of a municipal policy or custom causing a constitutional injury; unsupported allegations of inadequate supervision or discipline do not establish municipal liability.

Searles v. Pompilio · filed 2009-07-23

For the foregoing reasons, Searles’s allegations are insufficient to raise an inference of municipal liability under Section 1983. Accordingly, the City’s motion for summary judgment on Count 13 is granted.

A municipality may be liable under § 1983 when its deliberate indifference in training or policies causes a constitutional violation.

Conn v. City of Reno · filed 2009-07-24

Under Monell, a municipality is a legal “person” subject to liability under § 1983 for injuries it inflicts through deliberate indifference.

Section 1983 does not impose vicarious liability on municipalities.

Wargo v. MUNICIPALITY OF MONROEVILLE, PA · filed 2009-07-27

As to the Municipality of Monroe-ville, a § 1983 claim cannot exist predicated solely on the basis of vicarious liability.

Section 1983 does not impose municipal liability without an underlying constitutional violation, even if a municipal policy or custom is alleged.

Martinez v. City of New York · filed 2009-07-27

Because the arresting officers in this case did not violate plaintiffs constitutional rights, there can be no municipal liability even if plaintiff had alleged a specific policy or custom that led to his detainment.

A § 1983 municipal liability claim requires notice pleading, not detailed facts proving the city’s policy or custom at the dismissal stage.

McCormick v. City of Chicago · filed 2000-10-16

The Supreme Court has made it very clear that federal courts must not apply a heightened pleading standard in civil rights cases alleging § 1983 municipal liability.

Section 1983 permits municipal liability only when action attributable to the municipality causes the deprivation of rights.

Ihekwu v. City of Durham, NC · filed 2000-12-27

In enacting section 1983, Congress did not intend to impose liability on a municipality for a violation of a plaintiffs constitutional-rights, unless deliberate action attributable to the municipality itself was the “moving force” behind the plaintiffs deprivation.

Section 1983 claims against municipalities require only a short and plain statement under Rule 8, without heightened pleading.

Davenport v. Rodriguez · filed 2001-05-09

Thus § 1983 claims against municipalities are governed by the standard of Fed.R.Civ.P. 8(a)(2), and Plaintiff need only submit “a short and plain statement of the claim showing the pleader is entitled to relief.”

Section 1983 requires evidence of a municipal policy or custom connected to the alleged injury before a city can be held liable.

Outlaw v. Nasworthy · filed 2001-07-03

Contrary to Outlaw’s argument, the evidence in this case does not show an impermissible or corrupt policy of ignoring citizen complaints.

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

Foster v. Raspberry · filed 2009-07-29

Instead, a local government can only be held liable for constitutional torts when 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” caused the injury.

Section 1983 permits municipal liability for an official’s single decision only when the official has final policymaking authority; the plaintiff must produce evidence establishing that authority under local law or a custom or usage having the force of law.

Russell v. City of New Bedford · filed 2009-07-29

Here, the plaintiff, having the burden of production, provided no evidence of local positive law, or custom or usage having the force of law, which indicated that the commissioner had final policy-making authority.

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

Walker v. Prince George's County, Md. · filed 2009-07-30

We agree with the district court that appellants "failed to make any allegations in their complaint in regards to the existence of the County’s policy, custom, or practice, therefore failing to plead" a viable Monell claim.

Section 1983 does not impose county liability for a prosecutor’s actions taken as a state agent in handling state criminal charges.

Cady v. Arenac County · filed 2009-07-30

But as explained above, when County Prosecutor Broughton made the decisions related to the issuance of state criminal charges against Cady, the entry of the DPA, and the prosecution of Cady, he was acting as an agent of the state rather than of Arenac County. His actions therefore cannot be attributed to Arenac County, and Arenac County cannot be held liable for Broughton’s actions even if those actions violated Cady’s rights.

Section 1983 does not impose municipal liability for an employee’s actions based solely on respondeat superior; the plaintiff must show that a municipal policy, custom or practice caused the violation.

Manbeck v. Micka · filed 2009-07-30

In addition to the reasons for dismissal set forth below, Gennimi's malicious prosecution claims against the Town must also be dismissed because a municipality may not be held liable under § 1983 for actions of its employees based on a theory of respondeat superior, and Gennimi has failed to provide sufficient evidence that the perceived violation of her constitutional rights resulted from a municipal policy, custom or practice.

A § 1983 claim against a county need not identify a particular policy or custom at the pleading stage.

Alford v. City of Detroit · filed 2009-08-03

Plaintiffs claims against Wayne County based upon these alleged constitutional infringements need not, at the pleading stage, identify any particular custom or practice or policy or procedure.

Section 1983 does not impose municipal liability for an officer’s alleged constitutional violation unless a municipal policy or custom caused it.

Brown v. Whitman · filed 2009-08-03

That Officer Titus may have acted unconstitutionally in this instance when all the relevant circumstances are known and evaluated is not sufficient to impose liability on the City under § 1983.

A municipality’s policy cannot be the moving force behind an officer’s excessive force under § 1983 without evidence that the officer knew of the policy.

James v. Harris County · filed 2009-08-04

A reasonable jury could not find that the alleged policy was the moving force behind Wilkinson’s alleged excessive force, when there was no evidence that Wilkinson had knowledge of such policy.

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

Green v. Post · filed 2009-08-07

We have held that “a municipality may not be held liable where there was no underlying constitutional violation by any of its officers.” Graves, 450 F.3d at 1218 (citing City of Los Angeles v. Heller, 475 U.S. 796, 799 (1986)). We accordingly reverse the district court’s denial of the motion for dismissal/for summary judgment filed by the PCSD and remand for entry of summary judgment for the PCSD.

A municipality is not liable under § 1983 when the plaintiff suffered no underlying constitutional injury.

Peruta v. Town of Rocky Hill · filed 2009-08-07

Here, the Court already has found that the Plaintiffs’ false arrest claims fail as a matter of law. Thus, any municipal liability claim against Rocky Hill necessarily fails as well.

Section 1983 does not make a county liable for employment deprivations by an entity the county does not control or supervise.

Pears v. Mobile County · filed 2009-08-07

As such, defendant Mobile County can have no liability under § 1983 for plaintiffs claims of equal protection and § 1981 violations predicated on adverse employment actions taken while he worked for an entity that was beyond the control and supervision of Mobile County.

Section 1983 requires a municipal liability complaint to allege facts supporting a policy or custom that caused the plaintiff’s injury; a conclusory allegation is insufficient.

Soukup v. Garvin · filed 2009-08-11

Although Soukup’s complaint alleges a constitutionally violative policy or custom as required to prove municipal liability under § 1983, it does so with insufficient factual specificity to satisfy Rule 8 as interpreted by the Supreme Court and First Circuit Court of Appeals.

Section 1983 municipal liability claims may proceed when the complaint alleges a constitutional injury caused by deficient municipal policies.

Lopez v. Richardson · filed 2009-08-12

These allegations meet the elements of municipal liability set forth in Canton; that is, Plaintiff suffered constitutional injury, the City had deficient policies, and those policies were the cause of Plaintiffs injuries. Therefore, the court cannot dismiss Plaintiffs municipal liability claims against the City of Atlanta at this stage in the litigation.

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

Stoot v. City of Everett · filed 2009-08-13

But the Stoots have not shown that any constitutional violation was caused by a policy or custom of the City of Everett, as required to impose municipal liability.

A § 1983 claim against a municipality or officials in their official capacity fails without an alleged policy or practice causing the violation.

Justice v. Town of Cicero · filed 2009-08-14

Justice’s failure to allege any policy or practice causing the allegedly illegal search is fatal to his claim against the Town and the officials in their official capacity.

Section 1983 permits county liability only when a county policy is the moving force behind the constitutional injury.

PETROLINO v. County of Spokane · filed 2009-08-14

A rational jury would be compelled to find that Mr. Petrolino’s alleged injury is too remote from the Sheriffs alleged policy for the policy to constitute a moving force behind the injury. Thus, neither the Sheriff nor Spokane County may be held liable under § 1983 on the theory that the signing policy injured Mr. Petrolino.

Section 1983 requires a plaintiff seeking to hold a municipality liable to allege that the wrongdoer acted pursuant to an unconstitutional municipal policy, practice, or custom.

Lewis v. Government of the District of Columbia · filed 2009-08-15

To establish a claim under § 1983 against the District, plaintiff must allege that the individual wrongdoer — Officer Anderson — acted pursuant to an unconstitutional policy, practice or custom promulgated or sanctioned by the municipality.

Section 1983 permits municipal liability when an official policy causes a constitutional violation and municipal policymakers act with deliberate indifference.

Zimmerman v. Schaeffer · filed 2009-08-17

Municipalities are only liable for constitutional violations pursuant to 42 U.S.C. § 1983 where the violation is caused by an official policy of that municipality and its policymakers acted with deliberate indifference.

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

Person v. Greater Southeast Community Hospital · filed 2009-08-17

To determine municipal liability under 42 U.S.C. § 1983, the district court must conduct a two-step inquiry. ... Under these circumstances, it cannot be said that the District’s priority policy or its broader framework governing the provision of urgent medical care to inmates was the “moving force” behind the plaintiff’s constitutional injuries.

A county is liable under Section 1983 for an officer’s conduct only if the conduct was taken pursuant to an official policy or custom.

Jordan v. Cobb County, Georgia · filed 2001-09-28

Accordingly, because plaintiff has failed to present sufficient evidence to establish that Officer Worley’s actions in beating plaintiff with a baton and shooting him twice were taken pursuant to an official policy or custom of Cobb County, defendants’ motion for summary judgment [20] is GRANTED with respect to plaintiffs Section 1983 claim against Cobb County.

Section 1983 permits municipal liability for a constitutional violation caused by an official with final policymaking authority in the relevant area.

Marrero v. Camden County Board of Social Services · filed 2001-10-04

In this case, while none of the parties moves beyond bald conclusory statements in discussing the policymaking authority (or lack thereof) of any of the Defendants, a consideration of the factors discussed in Andrews leads to the conclusion that Robert Ellis, as Director of the Board of Social Services, possessed final authority regarding the Board’s personnel and discipline decisions.

A municipality is liable under § 1983 only when an official policy or custom directly causes a constitutional deprivation.

Flanigan v. Town of Colchester · filed 2001-10-31

Instead, to prevail on his excessive force claim under § 1983, Flanigan must show that he was deprived of his constitutional right as a direct result of an official municipal policy or custom.

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

Pappas v. New Haven Police Department · filed 2001-11-14

To prevail against a municipality under § 1983, a plaintiff must show: (1) the existence of a municipal policy or custom, and (2) a causal connection between the policy and the deprivation of his constitutional rights.

Section 1983 permits liability against a school district or its policymakers only if an employee committed a constitutional violation and a district policy or custom was the moving force behind it.

Ruegsegger v. JEFFERSON COUNTY SCHOOL DISTRICT R-1 · filed 2001-11-27

As set out in Castaldo, under Monell v. Department of Social Servs., 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), the School District and its policy makers may not be held liable pursuant to § 1983 unless one of the School District employee’s committed a constitutional violation and a School District policy or custom was the moving force behind the constitutional deprivation.

Section 1983 requires deliberate indifference to impose municipal liability for a facially lawful hiring or training decision that leads to a rights violation.

Gros v. City Grand Prairie · filed 2002-03-13

We agree with the district court’s alternative analysis and conclusion: Even if Chief Crum were found to be a policymaker for the City, Appellants have failed to show that he acted with the deliberate indifference necessary to impose § 1983 municipal liability on the City.

Section 1983 permits municipal liability when a municipality tacitly endorses a persistent or widespread practice of unconstitutional conduct by its officers.

Okin v. Village of Cornwall-On-Hudson Police Department · filed 2009-08-18

We therefore find sufficient evidence in the record to create a genuine issue of fact as to whether the officers’ conduct indicates a practice, tacitly endorsed by the Village, that “was so ‘persistent or widespread’ as to constitute ‘a custom or usage with the force of law.’ ”

A municipal § 1983 claim based on inadequate training or hiring must allege facts identifying the practices, explaining their deficiencies, and showing how they caused the plaintiff’s harm.

Young v. City of Visalia · filed 2009-08-18

The complaint does not identify what the training and hiring practices were, how the training and hiring practices were deficient, or how the training and hiring practices caused Plaintiffs’ harm. ... Because the Complaint contains insufficient facts that plausibly indicate a valid Monell claim, dismissal is appropriate.

A county is liable under § 1983 only when a policy or custom within its responsibilities causes a constitutional injury.

Daniels v. CITY OF HARTFORD, ALA. · filed 2009-08-18

Accordingly, for § 1983 liability to attach in this case, there must be a causal connection between the county’s responsibilities and the injuries complained of. ... The causation requirement is met if the municipal policy is the moving force of the constitutional violation.

A § 1983 claim against a sheriff’s office requires facts plausibly showing that its custom or policy was the moving force behind the alleged injury.

Brown v. Hillsborough County Sheriff's Office · filed 2009-08-20

Brown did not plead facts from which it could plausibly be inferred that the Sheriff’s Office had a custom or policy that was the moving force behind Pratt’s sexual assault of Brown.

A municipality may be sued under Section 1983 when an official policy or governmental custom causes a constitutional tort.

Beard v. Borough of Duncansville · filed 2009-08-21

Despite the Borough’s contentions, a municipality may be sued under § 1983 if it is alleged to have caused a constitutional tort through an official policy or governmental custom.

Section 1983 requires evidence of a municipal policy or custom that caused a constitutional injury to hold a municipality liable.

Ferraresso v. Town of Granby · filed 2009-08-21

In short, Ferraresso has offered no evidence that the Granby Police Department or Town of Granby had any custom, policy, or practice promoting conduct such as that alleged in his complaint. Consequently, with regard to the claim against the Town and Chief Watkins, the Defendants’ motion for summary judgment is granted.

Section 1983 permits municipal liability only when the alleged wrongdoing results from a municipal policy, practice, or custom.

Smith v. Janey · filed 2009-08-24

“A municipality may be liable under Section 1983 [only] if it is shown that the wrongdoing resulted from an unconstitutional policy, practice or custom promulgated or sanctioned by the municipality.” ... The complaint in this case does not allege that plaintiffs termination or non-selection for hire or promotion was pursuant to a custom or policy of the District of Columbia.

Section 1983 holds a municipality liable only when its official policy or custom directly causes the alleged constitutional injury.

Haynes v. Village of Lansing · filed 2009-08-26

To hold a municipality liable under § 1983, Plaintiff must demonstrate that the alleged constitutional injury suffered was a direct result of the municipality’s official policy or custom.

Section 1983 municipal liability claims require no heightened pleading standard; a complaint must plausibly allege an employee’s constitutional violation and a municipal policy or custom that caused it.

Asten v. City of Boulder · filed 2009-08-26

Because no heightened standard exists for pleading a § 1983 claim against a municipality, Ms. Asten needs only to plead sufficient facts to show that it is plausible that (1) that a municipal employee committed a constitutional violation; and (2) that a municipal policy or custom was the moving force behind the constitutional deprivation.

Section 1983 holds a municipality liable only when its policy or custom causes a violation of constitutional rights.

Rowell v. City of Hickory · filed 2009-08-27

Though the timeliness of the system may have failed Rowell, he has not shown how a policy or custom of the City of Hickory caused a violation of his constitutional rights.

Section 1983 permits municipal liability when a city policy, custom, pattern, or practice plays a role in the alleged rights violation; a municipality is not liable solely for its employees’ conduct.

Olson v. CITY OF ELK POINT, SD · filed 2009-08-27

Because a municipality cannot be held liable solely on the basis of respondeat superior under Section 1983, ... Plaintiff must show that an Elk Point City policy, custom, pattern or practice played a role in the alleged violation of his due process rights.

Section 1983 makes a municipality liable only when its policy or custom causes the constitutional violation.

Bennett v. FENTY · filed 2009-08-27

But the District’s liability under § 1983 necessarily depends on a showing that the wrongful behavior was conducted pursuant to municipal policy or custom, not, as alleged here, contrary thereto.

Section 1983 does not allow municipal liability based on respondeat superior, but a final policymaker’s personnel decisions can constitute municipal policy.

Harris v. Butler County Ex Rel. Its Sheriff's Department · filed 2009-08-27

Section 1983 does not permit municipal liability based upon a theory of respondeat superior. ... In this case, Sheriff Jones’s personnel management decisions constituted the policy of Butler County, Ohio.

Section 1983 permits municipal liability when a policymaker’s knowing inaction amounts to deliberate indifference to a constitutional violation.

Blasetti v. Pietropolo · filed 2002-08-06

The Village, correctly noting that it may not be held liable on a respondeat superior theory for any Section 1983 violation by Pietropaolo, challenges the legal sufficiency of plaintiffs allegations under Monell v. New York City Dept. of Social Services. ... If any of these individuals was a policy making official, the amended complaint sufficiently alleges the requisite indifference.

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

Armstrong v. Mille Lacs County Sheriffs Department · filed 2002-08-23

Of course, the governmental entity may be held liable, under Section 1983, if the execution of its policy, or custom, resulted in a deprivation of a constitutional right. ... Here, however, the Plaintiffs’ Complaint is devoid of any allegation that a policy or custom, of the Mille Lacs Band of Chippewa Indians, caused the Plaintiffs’ injuries, nor have the Plaintiffs proffered any evidence of such a policy or custom.

A city is not liable under § 1983 when the evidence does not raise a genuine factual dispute that a policymaker knew or should have known of an officer’s alleged constitutional misconduct.

Gausvik v. Perez · filed 2002-11-27

The proof submitted by plaintiff, however, is not sufficient to raise a genuine issue of material fact that Badgley knew or should have known that Perez was coercing children into making false allegations of abuse at that time which would, in turn, lead to the conviction of Gausvik in 1995. ... This court does not believe it clearly erred or created a manifest injustice in finding as a matter of law that the City of Wenatchee is not liable on plaintiffs § 1983 claims and that plaintiffs state law claims are barred by the applicable statutes of limitations.

Section 1983 requires a plaintiff seeking municipal liability to show that a constitutional violation resulted from a municipal policy, custom, or practice.

Waters v. City of Chicago · filed 2009-09-02

To establish municipal liability under § 1983, however, a plaintiff must present sufficient evidence to show that the constitutional violation resulted from a municipal policy, custom, or practice.

Section 1983 provides a remedy for deprivation of constitutional rights and limits municipal liability for officers’ misconduct absent a qualifying policy or custom.

Newhard v. Borders · filed 2009-09-02

The Town may not be held vicariously liable for the alleged wrongful acts of its officers because Newhard fails to plead any facts that would support a conclusion that the Town’s governing officials were actually or constructively aware of persistent and widespread constitutional deprivations by Town police officers.

Section 1983 bars respondeat superior liability and requires evidence that a municipal entity itself caused the constitutional violation through a policy, custom, or final policymaker.

Darchak v. City of Chicago Board of Education · filed 2009-09-03

The doctrine of respondeat superior is unavailable under § 1983, Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694 n. 58, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), so in order for Darchak’s retaliation claim to succeed, she must present evidence that the Board itself violated her civil rights. Municipal agencies can be found liable under § 1983 for violating a plaintiffs civil rights through “(1) an express municipal policy; (2) a widespread practice constituting custom or usage; or (3) a constitutional injury caused or ratified by a person with final policymaking authority.”

Section 1983 allows a person to sue for deprivation of federal rights under color of state law and limits municipal liability for employees' acts.

Darchak v. Bd Educ City Chicago · filed 2009-09-03

To maintain her § 1983 claim, Darchak must demonstrate that the Board either delegated final policymaking authority to Acevedo or ratified Acevedo’s action. Under the delegation theory, the person or entity with final policymaking authority must delegate the power to make policy, not simply the power to make decisions. “There must be a delegation of authority to set policy for hiring and firing, not a delegation of only the final authority to hire and fire.” Kujawski, 183 F.3d at 739 (citations omitted). Darchak presents no evidence that the Board had entrusted Acevedo with the power to create employment policy.

Section 1983 requires a plaintiff seeking municipal liability to prove a policymaker, an official policy or custom, and a constitutional violation caused by that policy or custom.

Santibanes v. City of Tomball, Tex. · filed 2009-09-04

In order to assert a claim for municipal liability under § 1983, a plaintiff must establish proof of three elements: (1) a policymaker; (2) an official policy or custom; and (3) a violation of a constitutional right whose “moving force” is the policy or custom.

Section 1983 allows damages claims against government officials and municipal liability when a government policy or custom inflicts the injury.

ESTATE OF GAITHER EX REL. GAITHER v. District of Columbia · filed 2009-09-08

Section 1983 allows a plaintiff to seek monetary damages from government officials who have violated his or her constitutional rights. ... A municipality, such as the District, is also subject to suit under Section 1983, but its liability is limited only to circumstances “when execution of a government’s policy or custom ... inflicts the injury that the government as an entity is responsible under § 1983.”

Section 1983 permits a plaintiff to sue a municipality when its official custom, pattern, or policy causes a constitutional violation or the municipality ratifies unlawful conduct.

Hamilton v. City of Olympia · filed 2009-09-08

To set forth a claim against a municipality under 42 U.S.C. § 1983, a plaintiff must show that the defendant’s employees or agents acted through an official custom, pattern or policy that permits deliberate indifference to, or violates, the plaintiffs civil rights; or that the entity ratified the unlawful conduct.

Section 1983 permits damages claims against officials who violate constitutional rights and permits municipal liability when a government policy or custom causes the injury.

Gaither v. District of Columbia · filed 2009-09-08

Section 1983 allows a plaintiff to seek monetary damages from government officials who have violated his or her constitutional rights. See 42 U.S.C. § 1983. A municipality, such as the District, is also subject to suit under Section1983, but its liability is limited only to circumstances “when execution of a government’s policy or custom . . . inflicts the injury that the government as an entity is responsible under § 1983.” Monell v. Dep’t of Soc. Servs. of City of N.Y., 436 U.S. 694 (1978)).

Section 1983 imposes municipal liability when a government policy or custom inflicts an injury and requires personal conduct for supervisory liability.

Brickell v. Clinton County Prison Board · filed 2009-09-10

Municipality liability will attach under § 1983 only when a plaintiff can show that “execution of a government’s policy or custom ... inflicts the injury.”

Section 1983 requires a city’s policy or custom to cause a constitutional violation before the city can be held liable.

Lindquist v. CITY OF PASADENA, TEX. · filed 2009-09-10

For the City to be held liable under 42 U.S.C. § 1983 for the unbridled discretion claim, the City’s alleged policy or custom of exercising unbridled discretion must cause a constitutional violation.

Section 1983 requires a plaintiff seeking municipal liability to show that execution of a government policy or custom inflicted the injury.

Goldyn v. Clark County · filed 2009-09-11

To prove municipal liability under 42 U.S.C. § 1983, Goldyn must show that “execution of [a] government[ ] policy or custom” inflicted her injury.

Section 1983 makes a municipality liable when its mayor violates a constitutional right while following official municipal policy.

Farnsworth v. CITY OF MULVANE, KAN. · filed 2009-09-16

Mayor Ford was following official Mulvane policy, i.e. official policy he established, when he violated Farnsworth’s First Amendment right. Mulvane is liable for his actions.

A Section 1983 claim based on an IDEA violation must allege facts supporting a municipal policy or custom that caused the violation.

Shelton v. MAYA ANGELOU PUBLIC CHARTER SCHOOL · filed 2009-09-18

As the Court previously explained in its September 26, 2008 Memorandum Opinion, Plaintiffs allegation that the Defendant violated the April 5, 2007 HOD is, without more, insufficient to support a Section 1983 claim. Plaintiff must also set forth some factual basis to support an allegation that a municipal policy or custom caused Defendant to violate the HOD.

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

Stych v. City of Muscatine, Ia · filed 2009-09-18

The Supreme Court in Monell v. Department of Social Services clearly established that a municipality may not be held liable for violations of § 1983 through the doctrine of respondeat superior. ... Accordingly, City of Muscatine's Motion for Summary Judgment is granted with respect to Plaintiff's § 1983 claim.

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

Perry v. Lackawanna County Children & Youth Services · filed 2009-09-18

To state a § 1983 claim against such a local governing body, Perry was required to allege that CYS had an established policy or custom that resulted in the alleged constitutional violations.

Section 1983 does not impose respondeat superior liability on a municipality.

Lemons v. Atlantic City Police Dept. · filed 2009-09-22

It is well-established that there is no respondeat superior liability in § 1983 actions.

Section 1983 does not make a municipality liable for an employee’s constitutional misconduct solely because it employs that person.

Abreu v. City of New York · filed 2009-09-25

Following Monell and its progeny, a municipality cannot be held liable under § 1983 under a theory of respondeat superior.

Municipal liability under § 1983 for a policymaker’s decision requires final responsibility for that decision under local law.

McCann v. City of Lawrence · filed 2009-09-25

Even assuming, without deciding, that any act of the Mayor could bind the City under § 1983, municipal liability based on the acts of a policymaker can only be imposed “if it is made by the official charged with the final responsibility for making it under local law.” ... Thus, McCann has failed to plead facts which would support a finding of municipal liability, and the federal claims against the City and the Sullivans in their official capacities should be dismissed.

Section 1983 permits a claim against a municipality based on one alleged constitutional deprivation if the complaint identifies a factual basis for a municipal custom or policy behind it.

Jones v. Quintana · filed 2009-09-30

However, a Section 1983 claim may withstand a motion to dismiss if the complaint alleges one instance of constitutional deprivation and identifies “some factual basis for the allegation of a municipal custom or policy” behind that activity.

Section 1983 requires a plaintiff seeking to hold a municipality liable for discrimination or retaliation to show that the violation resulted from a municipal policy or custom.

Carmody v. Village of Rockville Centre · filed 2009-09-30

In addition, where the defendant alleged to have discriminated or retaliated against an employee under Sections 1981 or 1983 is a municipality, a plaintiff must also demonstrate that the claimed violation of his or her constitutional rights occurred as a result of a municipal policy or custom.

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

Blake v. BALTIMORE COUNTY, MD. · filed 2009-09-30

Under the framework established in Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), “a local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents.” Id. at 694, 98 S.Ct. 2018. Instead, a § 1983 plaintiff must identify a specific policy or custom of the local government that caused his injury.

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

Hunter v. Amin · filed 2009-10-01

Municipal liability under § 1983 is appropriate only when the policy in question is the “direct cause” or “moving force” behind a constitutional violation.

Section 1983 does not permit a municipal liability claim against a school district or board when its employees committed no underlying constitutional violation.

DeFABIO v. East Hampton Union Free School Dist. · filed 2009-10-01

In the instant case, as the Court finds as a matter of law on summary judgment that no constitutional violation was committed against plaintiff by the individual defendants, see supra, no Monell claim can lie against the District or School Board pursuant to § 1983.

Section 1983 permits a municipal liability claim to proceed when the underlying constitutional claims remain viable.

O’Mara v. Dionne, et al. · filed 2009-10-05

With Claims One and Two still viable, defendants are not entitled to summary judgment on O’Mara’s Monell claim.

Section 1983 holds a municipality liable for a constitutional violation only when its own policy or custom caused the violation; employees’ failure to follow municipal policy does not suffice.

POWERS-BUNCE v. District of Columbia · filed 2009-10-05

Plaintiffs argument that “the General Orders of the MPD requir[e] that the officer attempt to restore consciousness” proves the point that no D.C. custom or policy caused the failure to revive Mr. Powers.

Section 1983 imposes municipal liability only when the municipality is responsible for a constitutional violation.

Municipal Revenue Services, Inc. v. McBlain · filed 2009-10-06

“For § 1983 liability to attach, [MRS] must show that the [Borough] was responsible for any constitutional violations.”

Section 1983 permits municipal liability when a city policy or custom causes a constitutional violation, including a deliberately indifferent failure to train employees.

Portnoy v. City of Davis · filed 2009-10-09

Municipal liability can be established either by an unconstitutional policy, or by a policy or custom of failing to train employees where such failure causes a violation of constitutional rights demonstrating deliberate indifference. ... The complaint does not allege an unconstitutional policy, custom or practice by the City of Davis, and plaintiffs’ opposition makes no argument on this issue. Therefore, summary judgment should be granted to this defendant.

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

Wargo v. Schuylkill County · filed 2009-10-09

A local government entity may be held liable under § 1983 only when the plaintiff demonstx-ates that the government entity itself caused the plaintiff’s injuxy thx-ough the implementation of a policy or custom.

Section 1983 does not impose municipal liability through a retired police chief’s later ratification of officers’ conduct because he lacked final policymaking authority when he spoke.

Peschel v. City of Missoula Ex Rel. Missoula Police Department · filed 2009-10-15

In accordance with Pembaur and Ulrich, supra, Wickman’s testimony on March 12, 2009, cannot constitute official ratification for purposes of imposing § 1983 liability on the City of Missoula.

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

Harris v. Bowden · filed 2009-10-19

Second, the claims against the City of New York properly were dismissed, as Appellant failed to provide any evidence that the City had a policy or custom of denying medical treatment or not addressing inmate grievances.

A municipality can be liable under § 1983 only when its policy or custom caused the alleged constitutional violation.

Graham v. Mattingly · filed 2009-10-19

Plaintiff did not provide sufficient evidence that a “policy or custom” of the City of New York caused the alleged constitutional violation.

Section 1983 does not make a municipality liable for its employees’ acts solely through vicarious liability.

Crouse v. South Lebanon Township · filed 2009-10-22

Municipalities and other local government entities may not be held liable under § 1983 for the acts of their employees under a theory of respondeat superior or vicarious liability.

Section 1983 requires a plaintiff suing a municipality to plead a violation of a federal right and an official custom or policy.

Serby v. Town of Hempstead · filed 2009-10-22

Furthermore, because Serby’s complaint fails to plead facts sufficient to demonstrate either (1) the violation of a constitutional right or (2) the existence of an official custom or policy, the district court did not err when it held that Serby had failed to state a § 1983 claim against the County.

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

Martin v. County of San Diego · filed 2009-10-23

Because Plaintiff has failed to establish a County policy, custom or practice which resulted in the alleged constitutional violation in this case, the Court GRANTS Defendant County of San Diego’s motion for summary judgment on Plaintiffs claim under § 1983.

Section 1983 requires a plaintiff seeking damages from a municipality to allege that its policy or custom caused the deprivation of constitutional rights.

VESTERHALT v. City of New York · filed 2009-10-26

Because plaintiff fails to allege that any policy or custom of the City of New York caused the alleged excessive force, war-rantless entry or false arrest by the defendants, she fails to state a § 1983 claims against the City.

Section 1983 requires a plaintiff seeking to enforce Section 1981 rights against a local government to allege that an official policy or a final policymaker's decision caused the violation.

Konnethu v. Harris County Hospital District · filed 2009-10-28

Plaintiff has not made a claim to enforce his rights under Section 1981 pursuant to Section 1983 in his complaint. The court cannot construe this as a technical omission because he has failed to raise any factual allegation that Defendant violated Section 1981 based on an official policy or based on a decision of a final policy maker.

Section 1983 holds a municipality liable only when its policy or custom causes the constitutional deprivation; it does not impose liability merely because the municipality employs the officers involved.

Floyd v. City of Kenner · filed 2009-10-29

“[A] municipality cannot be held liable under § 1983 on a respondeat superior theory.” Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691 (1978). “It is well established that governmental liability under § 1983 must be premised on a government policy or custom that causes the alleged constitutional deprivation.” Gates v. Tex. Dep’t of Protective & Regulatory Servs., 537 F.3d 404, 436 (5th Cir. 2008). Floyd has alleged no facts that would support an inference that the police officers acted pursuant to a policy or custom.

Section 1983 does not permit municipal liability when there is no underlying constitutional deprivation.

Kamholtz v. Yates County · filed 2009-10-29

As we find that there was no constitutional deprivation of appellant’s rights, his claims of municipal liability necessarily fail.

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

Brown v. City of Pittsburgh · filed 2009-10-30

In other words, plaintiffs may not rely on a theory of respondeat superior to impose liability on municipalities.

A municipality is not liable under § 1983 for a single personnel decision by officials who lack final policymaking authority because their decisions are subject to review for compliance with municipal policy.

Stickley v. SUTHERLY · filed 2009-10-30

Second, controlling state and local law subjects Sutherly’s as well as Fauber’s discretionary personnel decisions, like the decision to terminate Stickley, to further review to ensure that those decisions conform with the Town’s policies. Consequently, in addition to not having policymaking authority in relation to their decisions regarding Stickley’s termination, neither Sutherly nor Fauber had the “final authority” necessary to hold a municipality liable for any single termination.

Section 1983 requires a plaintiff seeking municipal liability to allege an unconstitutional policy or custom.

Smith v. California · filed 2009-10-30

The district court properly granted judgment on the pleadings with respect to the claims against the County of San Diego because Smith failed to allege the existence of any unconstitutional policy or custom.

Section 1983 does not impose municipal liability when no municipal agent violated the plaintiff’s constitutional rights.

Mills v. City of Harrisburg · filed 2009-10-30

Absent an underlying constitutional violation by an agent of the municipality, however, the municipality itself may not be held liable under § 1983.

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

Harrell v. Houston County · filed 2009-11-02

Under these circumstances, questions of fact remain as to Harrell’s Section 1983 claim regarding the arrest warrant process. The record supports the conclusion that the warrant issued for Harrell was constitutionally invalid. And at least some evidence demonstrates that, as part of its deliberate policies or customs, the Houston County State Court routinely issued invalid arrest warrants at Sentinel’s request.

Section 1983 permits municipal liability only when the municipality itself causes a constitutional violation; a city is not liable solely because it employs the officer.

Dunn v. HYRA · filed 2009-11-02

A municipality may be held liable under § 1983 only where the municipality itself causes the constitutional violation at issue; the municipality will not be held liable under respondeat superior.

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

Fera v. Baldwin Borough · filed 2009-11-04

Moreover, that the Borough’s Tax Collector may have published these statements does not render the Borough susceptible to liability here, for Fera has not shown that the allegedly stigmatizing statements reflected the Borough’s policy or custom.

Section 1983 requires plausible factual allegations that a municipal policy or custom caused the alleged constitutional violation to state a claim against a municipality.

Missel v. County of Monroe · filed 2009-11-04

We agree with the district court that Missel has made no factual allegations that would support a plausible inference that the County of Monroe’s “policies” or “customs” caused Hildreth’s violations of Missel’s rights.

Section 1983 does not impose liability on a local government for its policies or training without an underlying constitutional violation.

King v. Pioneer Regional Educational Service Agency · filed 2009-11-05

As discussed in Division 1 (a), the Kings have failed to show that Jonathan was deprived of his right to substantive due process by any school officials. Without an underlying violation of Jonathan’s constitutional rights, Pioneer RESA cannot be liable on the ground that its conduct, policies, or training procedures caused a constitutional violation.

Section 1983 makes a governmental unit liable only when its policy or custom causes a deprivation of rights, not merely because an employee violated someone’s rights.

Patterson v. Indianapolis Metropolitan Police Officer Burns · filed 2009-11-05

A governmental unit may not be held liable under section 1983 simply because one of its non-policymaking employees violated a person’s constitutional rights. For such an entity to be liable, the deprivation must have resulted from the enforcement of an express policy or an implicit custom adopted by the governmental unit.

Section 1983 municipal liability requires a policy or custom under which a city employee could have committed a constitutional violation.

Annan-Yartey v. Honolulu Police Dept. · filed 2009-11-05

As to Counts 1 and 2 (§ 1983 — arrest; detention and confinement), the record indicates that An-nan-Yartey failed to make any allegations of fact to establish that the Honolulu Police Department had a formal policy or custom in place pursuant to which a city employee could have committed a constitutional violation.

Section 1983 claims against municipalities and supervisors require enough evidence of their liability to create a genuine factual dispute at summary judgment.

Burgos-Yantin v. Municipality of Juana Díaz · filed 2009-11-06

Plaintiffs have failed to offer sufficient evidence to create a genuine issue of material fact concerning the supervisory liability of the Supervisory-Defendants. Therefore, the court GRANTS Defendants’ motion for summary judgment with respect to the § 1983 claims premised on municipal and supervisory liability.

Section 1983 does not impose Monell liability on a municipal defendant when the individual defendants prevail on all the underlying claims.

O'Mara v. Dionne, et al. · filed 2009-11-09

Because the individual defendants have prevailed on all of the claims against them, the Hillsborough County Department of Corrections is necessarily entitled to judgment as a matter of law on O'Mara's Monell claim.

Section 1983 permits a claim against a school district when a challenged decision plausibly represents district policy because it was made by an official with final policymaking authority.

Lopez v. Bay Shore Union Free School District · filed 2009-11-09

However, the plaintiffs have alleged that certain decisions that affected Aleman were made by individuals whose decisions could constitute Bay Shore School District’s final decisions, thus effectively forming municipal policy. Namely, the plaintiffs allege that a designee of the Superintendent for the Bay Shore School District, who could plausibly be shown to have policy-making power, made the decision to suspend Aleman for nearly a year. The plaintiffs also allege that the Bay Shore School District school board, whose decisions are also plausibly imbued with policy-making power, upheld Aleman’s suspension. The Court finds these actions to be plausible bases for Monell liability against the Bay Shore School District.

A municipality cannot assert qualified immunity against a § 1983 claim even when the individual officer is immune.

Burke v. County of Alameda · filed 2009-11-10

We affirm the grant of summary judgment as to Foster only because he is entitled to immunity. Because local government units are not entitled to the qualified-immunity defense, Hervey v. Estes, 65 F.3d 784, 791 (9th Cir.1995), we vacate the district court’s judgment as to County’s liability and remand so that the district court can examine the other elements of the Monell claim in the first instance.

Section 1983 permits a claim against a sheriff’s department when its challenged conduct follows a municipal policy or custom.

Maio v. Kralik · filed 2009-11-10

Here, the plaintiff demonstrated that there was a municipal policy or custom of disposing of weapons surrendered in accordance with Family Court Act § 842-a, regardless of whether they fit the definition of “firearms” under Penal Law § 265.00 (3) and § 400.05. ... Accordingly, the plaintiff properly brought a 42 USC § 1983 action against the Sheriffs Department.

Section 1983 requires a county policy or custom that caused the alleged injury; a county is not liable solely for its employees’ acts.

Leandry v. County of Los Angeles · filed 2009-11-10

The County of Los Angeles cannot be sued under 42 U.S.C. § 1983 for the acts of its employees, so it could only be liable to Leandry if it had a policy or custom that resulted in the injury that he is alleging.

Section 1983 permits municipal liability when a deprivation of federal rights results from an entity’s policy or custom or the conduct of a final policymaker.

Langford v. GRADY COUNTY DETENTION CENTER · filed 2009-11-17

Instead, a § 1983 plaintiff must prove he suffered a deprivation of constitutional or other federal rights resulting from (1) an express policy or custom executed by the entity; (2) a longstanding practice or custom of the entity; or (3) the conduct of a final policymaker.

Section 1983 permits municipal liability for a policy of inaction only when the inaction reflects a conscious or deliberate choice that amounts to deliberate indifference to constitutional rights.

Bromgard v. Yellowstone County · filed 2009-11-19

Bromgard has presented no evidence that the County made a “conscious” or “deliberate choice” of inaction “from among various alternatives.” Id. The evidence demonstrates that the County was not in a legal or de facto position to hire, supervise, remove or set the compensation of defense attorneys for indigents in 1987. Thus, under Butler, the County’s inaction cannot amount to deliberate indifference.

A Section 1983 negligent hiring and training claim against a city requires evidence relating to a city policy or practice; an officer’s alleged prior bad acts alone do not suffice.

Griffin v. City of New York · filed 2009-11-19

Nor was such evidence admissible in connection with plaintiffs claim for negligent hiring and training under 42 USC § 1983 where plaintiffs evidence did not relate to any city policy or practice but to the detective’s alleged prior bad acts purportedly showing a propensity for violence (cf. Johnson v Kings County Dist. Attorney’s Off., 308 AD2d 278, 293-294 [2003]).

Section 1983 requires evidence of a local government policy or custom to hold the government liable for a constitutional deprivation; general allegations are insufficient.

Johnson v. Randolph County · filed 2009-11-20

His general allegations that the community had a history of racial strife and that a group of citizens had an agenda to prevent minorities from holding office do not demonstrate an intentional and deliberate policy or custom of the County that led the BOE and its Board Members to challenge his nomination petition or to treat his petition differently from other petitions.

Section 1983 does not impose municipal liability when no officer violated the plaintiffs’ constitutional rights.

Bancroft v. City of Mount Vernon · filed 2009-11-23

The dismissal of the federal constitutional claims against any officer responsible means that the corresponding federal claim against the City of Mount Vernon and its Police Department must be dismissed.

Section 1983 municipal liability requires facts supporting an official policy or a settled custom that caused the alleged constitutional violation.

Long v. Holtry · filed 2009-11-24

Plaintiffs have failed to allege facts sufficient to support a finding that a decision maker possessing final authority to establish municipal policy issued such a policy that violated Plaintiffs’ constitutional rights. Plaintiffs complaint is also devoid of sufficient facts to support their claim that Defendants established a custom so permanent and well settled as to virtually constitute law. Accordingly, the court will grant Defendants’ motion to dismiss Plaintiffs’ claims against Lebanon County and Defendants Holtry, Maulfair, and Southerly in their official capacities.

Section 1983 does not impose municipal liability for implementing a state mandate when the plaintiff cannot identify a separate policy choice by the municipality.

N.N. v. Madison Metropolitan School District · filed 2009-11-24

In sum, I conclude that a municipality cannot be held liable under § 1983 for efforts to implement a state mandate when the plaintiff cannot point to a separate policy choice made by the municipality.

Section 1983 does not impose municipal liability for an arrest without a municipal policy or custom causing it, or a municipal decision or ratification.

Brainerd v. County of Lake · filed 2009-11-24

Brainerd alleged no municipal policy or custom causing the deputies to arrest him without a warrant in this case. Nor has he alleged that anyone except the arresting deputies made the decision to arrest him or ratified that decision. Thus, the Municipal Defendants have no liability for Brainerd’s arrest.

Section 1983 permits a claim against a municipality when a final policymaker ratifies a subordinate’s unconstitutional decision.

Jacobeit v. Rich Township High School District 227 · filed 2009-11-25

Jacobeit may proceed under the theory that his constitutional injury was caused by a person with final policymaking authority through a ratification theory.

Section 1983 does not permit a municipal failure-to-train or failure-to-adopt-policy claim when the officers did not violate the underlying constitutional right.

Hughes v. City of Chicago · filed 2009-11-25

Because the Court has determined that Defendants Uczen and Iza did not violate Plaintiffs constitutional rights when they failed to give a copy of the exculpatory lab report to the state’s attorney’s office, Plaintiffs § 1983 claim against the City for failing to maintain a practice, police, or officer training on this conduct fails.

Section 1983 permits liability against a local government for an employee’s constitutional violation only when the employee acts under an official policy or custom.

Lujan v. Bernalillo County Sheriff's · filed 2009-11-27

As the district court correctly noted, a local government may be held liable for its employees’ constitutional violations only when those employees are “execut[ing the] 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.”

Section 1983 permits municipal liability even when individual officers are not liable, unless the verdicts would be inconsistent.

Thomas v. Cook County Sheriff's Department · filed 2009-12-01

The actual rule, as we interpret it, is much narrower: a municipality can be held liable under Monell, even when its officers are not, unless such a finding would create an inconsistent verdict.

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

Pica-Hernández v. Irizarry-Pagán · filed 2009-12-01

Assuming arguendo that the Mayor’s decisions subject the Municipality to liability, I have already found that the Mayor did not violate plaintiffs First Amendment Rights. With no injury inflicted the Municipality cannot be subject to any liability. Thus, plaintiffs First Amendment claim against the Municipality is dismissed.

When a § 1983 complaint attributes all alleged violations to named officers, a municipality cannot be liable under Monell if those officers committed no constitutional violation.

Bonilla v. Jaronczyk · filed 2009-12-02

Bonilla’s complaint alleged violations attributable only to the conduct of named individual defendants, and thus individual liability was a prerequisite for municipal liability to arise from those allegations. Because a jury determined that none of the defendants had violated Bonilla’s constitutional rights, there was no basis for it to consider municipal liability.

Section 1983 permits municipal liability when a constitutional violation results from an official custom, policy, or practice, including a pattern of misconduct tolerated by policymakers.

Shannon v. Koehler · filed 2009-12-04

As a result, the court finds that Shannon has met his burden of producing a genuine issue of material fact concerning whether Chief Frisbie, and the City, showed deliberate indifference or tacit authorization to the excessive force used by SCPD officers, after Chief Frisbie was clearly put on notice of the complaints due to his role in the complaint procedure.

A municipality may be liable under § 1983 when its policy or custom causes a constitutional violation; the complaint must plead facts showing that connection.

McClure v. Biesenbach · filed 2009-12-09

A municipality may be held liable under § 1983 if its policy or custom causes a constitutional tort.

Section 1983 does not make a municipality liable for a constitutional deprivation solely because it employed the person responsible.

Jones v. Mullins Police Department · filed 2009-12-10

A municipality, however, is not liable for constitutional deprivations under Section 1983 based on the doctrine of respondeat superior.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show that a constitutional violation caused the harm and that the municipality was responsible for the violation.

Spears Ex Rel. Estate of McCargo v. Ruth · filed 2009-12-10

To establish municipal liability under section 1983, the plaintiff must establish that: (1) the plaintiffs harm was caused by a constitutional violation; and (2) the city was responsible for that violation. ... Even had a violation occurred, plaintiffs have failed to show that Police Chief Snyder’s policy prohibiting his officers from transporting individuals to the hospital in a police vehicle for medical services caused McCargo’s injuries.

Section 1983 holds a municipal employer liable only when its own unconstitutional actions cause the plaintiff’s harm.

Everson v. City of Madison · filed 2009-12-10

Under Title VII an employer may be held liable using traditional agency principles, but under § 1983 the plaintiff must show that the employer’s own unconstitutional actions caused the plaintiffs harm.

Section 1983 municipal liability requires a county policy or custom to be the moving force behind the challenged conduct.

Hinckley v. Yakima County · filed 2009-12-14

The district court properly granted summary judgment because Hinckley failed to raise a triable issue as to whether the County employees’ housing decision was a direct result of a County policy, or whether the County had a custom or policy that amounted to deliberate indifference and was the moving force behind the employees’ housing decision.

Section 1983 holds a school district liable for a constitutional injury only when its policy or custom caused the injury, without respondeat superior liability.

FUNEZ EX REL. FUNEZ v. Guzman · filed 2009-12-15

Section 1983 liability of a local governing body arises only when “action pursuant to official ... policy of some nature caused a constitutional tort” and not on the basis of respondeat superior.

Section 1983 requires a plaintiff seeking recovery from a city to show a deficient policy, such as a pattern or ratification of misconduct.

Dagdagan v. City of Vallejo · filed 2009-12-15

Surely, for Monell purposes, plaintiff must demonstrate some type of deficient policy, be it by pattern or ratification, in order to recover against the City entity.

A Section 1983 claim that a municipality was deliberately indifferent to constitutional violations must plead facts supporting an inference that the municipality knew or should have known of them; a conclusory assertion is insufficient.

Smith v. District of Columbia · filed 2009-12-16

These allegations, however, cannot survive the District’s motion to dismiss. They do nothing more than recite the requisite causal elements of custom or policy liability based on deliberate indifference — that is, that the District “knew or should have known” about possible constitutional violations yet failed to act.

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

Ellis Ex Rel. Estate of Ellis v. Ogden City · filed 2009-12-17

Since the officers were not alleged sufficiently to have committed a constitutional violation, they could not provide the nexus required for municipal liability under § 1983.

Section 1983 permits municipal liability only when a policy, custom or practice deprives a person of a federal or constitutional right.

Mayo v. County of Albany · filed 2009-12-17

As an initial matter, municipal liability against the County of Albany attaches only if Mayo can demonstrate a policy, custom or practice which deprived her of a federal or constitutional right.

Section 1983 permits municipal liability for unconstitutional conditions of pretrial confinement when pervasive practices establish a de facto jail policy.

Shepherd v. Dallas County · filed 2009-12-18

These instructions do not, as Dallas County argues, permit a finding of municipal liability premised upon negligence or strict liability. Consistent with the law, they allowed the jury to infer intent to punish only when a municipality ... knowingly subjects a detainee to inhumane conditions of confinement or abusive jail practices.

Section 1983 official-capacity claims against municipal employees require an unconstitutional municipal policy or custom to survive summary judgment.

Williams v. HISSONG · filed 2009-12-22

When a plaintiff brings suit against a municipality under section 1983, the plaintiff must base his injury on the existence of an unconstitutional policy or custom of the municipality in order to survive summary judgment.

Section 1983 does not impose municipal liability for an off-duty officer’s private act when the officer did not act under color of law.

Claudio v. Sawyer · filed 2009-12-23

But purely private action will not support a Monell claim under § 1983, and a claim against the City such as the one asserted here — based purely on private action by an off-duty police officer, without an underlying, independent constitutional claim— would have to be asserted as a state claim under state law.

Section 1983 requires a plaintiff suing the District of Columbia to allege that a municipal policy or custom caused the violation of a federal right.

Matthews v. District of Columbia · filed 2009-12-30

A plaintiff suing the District of Columbia under § 1983 “must allege not only a violation of his rights under the Constitution or federal law, but also that the municipality’s custom or policy caused the violation.” ... Thus, the plaintiffs have alleged that a custom or policy maintained by the district of Columbia has subjected them to violations of their Fifth Amendment rights to procedural due process, and they have provided sufficient factual matter, acceptable as true, to state a claim to relief that is plausible on its face.

Section 1983 makes a municipality liable for a constitutional deprivation only when a governmental policy or custom causes it.

Rodriguez v. City of Clermont · filed 2009-12-31

Thus, a municipality is only liable under § 1983 for constitutional deprivations that are caused by a governmental policy or custom.

Section 1983 requires a plaintiff suing a municipality or an official in an official capacity to allege that a municipal policy or custom caused a constitutional violation.

Horne v. Social Security Administration · filed 2010-01-04

To the extent that Horne intended to bring § 1983 claims against Dade City and PCCDD as agencies, or against Romagnoli and Black in their official capacities, her claims were properly dismissed because she did not allege that the municipality employed a custom or policy that caused her constitutional rights to be violated.

Section 1983 does not permit municipal liability for employees’ conduct when they committed no constitutional violation.

Willis v. Charter Township of Emmett · filed 2010-01-05

Similarly, because Bishop and Counts did not commit a constitutional violation, the Township cannot be held liable for their conduct.

Section 1983 requires a triable showing of a relevant custom or practice to hold city police liable.

Vaughn v. United States Government (Fbi) · filed 2010-01-05

The district court properly granted summary judgment because plaintiffs failed to raise a triable issue of material fact as to whether the Sacramento City Police had a custom or practice of ignoring the safety of African-American individuals when searching premises for criminal suspects.

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

Wheeler v. City of Lansing · filed 2010-01-06

Rather, to hold a municipality liable under section 1983, a plaintiff must show that the municipality had an unconstitutional policy or custom which caused a constitutional deprivation.

Section 1983 does not impose liability on a school district when the plaintiff has not alleged a constitutional violation.

C.N. Ex Rel. J.N. v. Willmar Public Schools, Independent School District No. 347 · filed 2010-01-07

Because C.N. has not alleged a violation of her constitutional rights, it follows that the District cannot be liable under § 1983.

Section 1983 does not permit a claim against a school district when the plaintiff has not alleged a violation of constitutional rights.

C.N., etc. v. Willmar Public Schools · filed 2010-01-07

Because C.N. has not alleged a violation of her constitutional rights, it ... follows that the District cannot be liable under § 1983.

Section 1983 does not permit a claim against a county based solely on vicarious liability for individual defendants.

Thomas v. Early County, Ga · filed 2010-01-07

While Plaintiffs conceded error and responded to Defendants’ first motion to dismiss by removing some of the legally unsupportable allegations, their First Amended Complaint continued to present a claim against Early County, based solely upon an allegation that the individual Defendants were “acting under the direction and control” of the county. (R.1-22 ¶28.) These allegations of vicarious liability fail as a matter of long-established law.

Section 1983 permits municipal liability when a failure to train officers or adopt suicide prevention policies reflects deliberate indifference and causes a constitutional violation.

Conn v. City of Reno · filed 2010-01-08

Under Monell, a municipality is a legal “person” subject to liability under § 1983 for injuries it inflicts through deliberate indifference.

Section 1983 claims against a city cannot rest on conduct by employees of an independent public benefit corporation.

Morrison v. City of New York · filed 2010-01-11

The other claims do not implicate the City because Elmhurst Hospital and its doctors and employees are part of the Health and Hospitals Corporation, “a public benefit corporation independent of the City of New York.”

Section 1983 requires a school district’s constitutional violation to be attributable to its policy, custom, or practice.

Doe 20 v. Board of Education of the Community Unit School District No. 5 · filed 2010-01-11

To state a § 1983 claim against the School District, Plaintiffs must allege facts that plausibly suggest that their constitutional violations were attributable to a School District policy, custom or practice.

Section 1983 requires evidence that an official policy or custom caused a constitutional deprivation to hold a municipality liable.

Brown v. Carnevale · filed 2010-01-11

The district court properly granted summary judgment in favor of defendants Prison Health Services and Washington County because Brown failed to present any evidence that a specific official policy or custom deprived him of his constitutional rights.

Section 1983 requires evidence of a municipal policy to obtain relief against municipal officers sued in their official capacities; inadequate training can establish such a policy.

Davis v. Stratton · filed 2010-01-11

We need not explore the appropriate extent of training needed to defeat a Monell claim based on lack of training in the context of this lawsuit because the plaintiff failed to provide sufficient evidence to permit a fact-finder to find a municipal policy grounded on lack of required training.

Section 1983 municipal liability requires a claimed official policy or custom; a statement by an officer who is not a defendant does not establish one.

White v. City of Laguna Beach · filed 2010-01-12

This evidence does not show any motive on the part of Officer Peck, Sergeant Calvert is not a named Defendant in this case, and there is no claim that a slow response to violence against demonstrators was an official policy or custom of the municipal entity Defendants.

A municipality may be liable under Section 1983 for its employees’ unconstitutional acts when they result from a municipal policy, practice, or custom.

Bassett v. City of Rye · filed 2010-01-12

Here, in opposition to the defendant’s prima facie showing of entitlement to judgment as a matter of law, the plaintiff raised a triable issue of fact as to whether the defendant’s arrest and prosecution of him, which he alleges violated his rights under 42 USC § 1983, resulted from a policy, practice, or custom of the defendant (see generally Zuckerman v City of New York, 49 NY2d 557 [1980]).

Section 1983 permits municipal policy claims against the City rather than its highest official.

United States v. City of New York · filed 2010-01-13

But, in the same way that the defendant in a Title VII pattern-or-practice case is the company and not the CEO, the defendant in a § 1983 municipal-policy case is the City and not the Mayor.

Section 1983 provides a civil remedy for constitutional violations caused by persons acting under color of state law.

Pace v. Town of Southampton · filed 2010-01-13

It is well-established that “a municipality cannot be held liable under § 1983 on a respondeat superior theory.” ... Absent such allegations, the Plaintiff has not even approached the standard of proof required to sustain a Monell claim on an inadequate training theory. Accordingly, the Defendants’ motion for summary judgment is granted on this issue and the Plaintiffs complaint is dismissed as against Southampton, the SPD, and Chief Overton.