42 U.S.C. § 1983

Section 1983 permits a municipal liability claim when allegations plausibly show that a failure to train or supervise employees reflected deliberate indifference to the risk of constitutional violations.

Taylor v. District of Columbia · filed 2012-01-17

Plaintiffs have created a plausible inference that the District of Columbia, through its agents, failed to respond to a need to train or supervise its employees, to an extent that shows, if proven, a deliberate indifference to the risk that not addressing these needs would result in constitutional violations.

Section 1983 requires a county policy to be causally related to a constitutional violation for the county to be liable.

Doe v. Selsky · filed 2012-01-17

Even assuming the truth of plaintiffs allegation that Wood planted a weapon on him, there is no allegation or evidence indicating that there was a lack of probable cause for the county to initiate a criminal prosecution against plaintiff, nor is there any indication that any policy of the county was causally related to any constitutional violation that may have occurred.

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

El v. District of Columbia · filed 2012-01-26

Here, the Plaintiff has utterly failed to provide the court with evidence from which it could find proof of a policy or custom that would justify the attachment of municipal liability to the District of Columbia.

Section 1983 requires a plaintiff seeking to hold a municipality liable to prove an unconstitutional policy or custom attributable to the municipality that caused the alleged injury.

Hearring v. Sliwowski · filed 2012-01-26

Based upon these authorities, a Section 1983 claim against a municipality requires proof of (1) the existence of an unconstitutional policy or custom, (2) the connection of the policy to the municipality itself, and (3) a causal link between the unconstitutional policy and the particular injury alleged.

A Section 1983 claim against a local government must plead plausible facts showing that a policy or custom caused the constitutional violation.

AE Ex Rel. Hernandez v. County of Tulare · filed 2012-01-27

AE’s allegation of plausible facts supporting such a policy or custom could have cured the deficiency in the Monell claim.

Section 1983 requires plaintiffs suing county officials in their official capacities to show that a county policy or custom was the moving force behind a constitutional violation.

Slaven v. Engstrom · filed 2012-01-30

However, the basis of the Slavens’ claims against Defendants are in their official capacities under § 1983, and as such Plaintiffs are required to show a county policy or custom was the “moving force” behind a constitutional violation.

Municipal liability under § 1983 requires proof of an underlying constitutional violation.

Bliss v. Fisher · filed 2012-01-31

Finally, since Plaintiffs have not set forth evidence establishing the alleged underlying constitutional violations, their municipal liability claims likewise fail.

Section 1983 permits municipal liability when officers act under an official policy, a widespread and settled custom, or instructions from an official with final policy-making authority.

Gonzalez v. Village of West Milwaukee · filed 2012-02-02

A municipality can be liable under § 1983 only if its officers acted pursuant to: (1) an official policy; (2) a practice or custom that although not officially authorized, was widespread and well settled; or (3) instructions from a city official with final policy-making authority.

Section 1983 requires a plaintiff to show that a municipal custom or policy caused the violation of federal rights to hold a municipality or an official sued in an official capacity liable.

Lore v. City of Syracuse · filed 2012-02-02

A § 1983 claim against a municipality or against an official sued in his official capacity, however, cannot be sustained unless the plaintiff shows that the violation of her federal rights was the result of a municipal custom or policy.

A municipality cannot be held liable under § 1983 without evidence of an unconstitutional policy or custom.

Teets v. Cuyahoga County, Ohio · filed 2012-02-06

Accordingly, the Teetses have failed to demonstrate an unconstitutional policy or custom at CCDCFS, and the district court correctly concluded that they cannot recover from CCDCFS or the County on this theory of liability.

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

Monroe v. McNairy County · filed 2012-02-06

Plaintiffs’ failure to demonstrate a municipal policy or custom is fatal to their claims against McNairy County. For this reason the Court holds that McNairy County is entitled to judgment as a matter of law on all of Plaintiffs’ § 1983 claims.

A municipality cannot be held liable under Section 1983 for the same conduct when the individual defendants committed no constitutional violation.

Farinacci v. City of Garfield Heights · filed 2012-02-07

We have previously held that the absence of a constitutional violation by the individual defendants compels the grant of summary judgment with respect to a plaintiffs Mo-nell claim based on the same conduct. ... Therefore, the district court did not err in granting summary judgment on the claims against the City.

Section 1983 supervisory and municipal liability claims fail when the officers committed no constitutional violation.

Santos v. Frederick County Board of Commissioners · filed 2012-02-07

Because the Court finds no constitutional violations in the actions of Deputies Openshaw and Lynch, Santos’s claims against the Sheriff Jenkins and the Frederick County Board of Commissioners (Counts V through VII of the Second Amended Complaint) must be DISMISSED.

Municipal liability under § 1983 requires an underlying constitutional violation by an individual agent of the municipality.

George Manolovich, III v. Bethel Park · filed 2012-02-10

We also conclude that since Anibaldi was entitled to judgment as a matter of law on Manolovich‟s federal claims, Bethel Park was entitled to judgment as a matter of law. See City of Los Angeles v. Heller, 475 U.S. 796, 799 (1986) (municipal liability under 42 U.S.C. § 1983 depends upon an underlying constitutional violation committed by an individual agent of the municipality).

A city may be liable under § 1983 when a constitutional violation is attributable to an official decision or municipal custom.

Bullard v. City of Philadelphia · filed 2012-02-13

For a city to be liable under § 1983, a plaintiff must show that “the [c]ity was responsible for [the] constitutional violation[ ].” ... The procedural due process violation that Bullard has established may be attributed to the City.

Section 1983 does not make a municipality liable solely because it employs the person who violated a constitutional right.

Elie v. City of New York · filed 2012-02-14

A municipality may not be held liable pursuant to 42 USC § 1983 solely on a theory of respondeat superior (see Monell v New York City Dept. of Social Servs., 436 US 658, 691 [1978]).

Section 1983 does not impose municipal liability when no constitutional violation occurred.

Elizondo v. City of Garland Police Dep · filed 2012-02-14

Finally, in the absence of a constitutional violation, there can be no municipal liability for the ... City.

Section 1983 permits a municipal liability claim to proceed when evidence could support a finding that the city maintained an unconstitutional policy.

Tsesarskaya v. City of New York · filed 2012-02-14

Because the alleged statements by the 911 operators could support a finding that the City had a policy of breaking down apartment doors where the occupant refused to open the door (especially if the police labeled the occupant as an EDP), the City’s summary judgment motion on Tsesarskaya’s § 1983 municipal policy claim is DENIED.

A county may be liable under § 1983 when its official policy is the moving force behind a constitutional violation.

De Luna v. Hidalgo County · filed 2012-02-15

Rather, to establish that the County acted under color of state law, Plaintiffs must show that it adopted an official policy that is the moving force behind the claimed constitutional violations.

Section 1983 does not impose vicarious liability on the Port Authority for its employees’ acts; a claim against it requires evidence of its own policy, custom, or practice causing the alleged deprivation.

Montalbano v. Port Authority · filed 2012-02-17

The Port Authority cannot be held vicariously liable for the acts of its employees in a § 1983 action. ... Rather, Montalbano must produce evidence showing that the alleged deprivation of his Second Amendment rights was the result of a policy, custom, or practice of the Port Authority itself. ... Because there is no evidence to support the existence of a policy, custom, or practice of improperly restricting employees or former employees’ handgun use by the Port Authority, the first cause of action must be dismissed.

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

Campanella v. County of Monroe · filed 2012-02-17

Where a Section 1983 claim is alleged against a county on the grounds of unconstitutional acts by its employees, a plaintiff must demonstrate that his injuries resulted from a county policy, custom, or practice.

Section 1983 requires a plaintiff seeking municipal liability to connect the constitutional violation to a municipal policy or custom; a single violation alone is insufficient unless it establishes the policy.

Magliore v. Brooks · filed 2012-02-22

Accordingly, demonstrating a single instance of a constitutional violation -- that does not itself establish municipal policy -- without connecting it to an existing, unconstitutional policy is not sufficient to establish municipal liability under § 1983.

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

Atheists of Florida, Inc. v. City of Lakeland · filed 2012-02-22

First, Plaintiffs have failed to adduce sufficient evidence to demonstrate a necessary precondition of liability under 42 U.S.C. § 1983 — namely, that the constitutional injury alleged be caused by an “official policy” of the municipality — here, the City of Lakeland.

Section 1983 does not make a county liable for a commission’s constitutional violation without a county policy or custom that caused the injury.

Patterson v. Yazoo City · filed 2012-02-24

Accordingly, because Patterson does not offer any theory under which the County can be considered subject to § 1983 liability for the constitutional violations of the Commission, the Court will also grant summary judgment in favor of the County with respect to Patterson’s due process claims.

Section 1983 does not impose municipal liability through respondeat superior; the plaintiff must show that an official municipal policy caused the injury.

Sandoval v. Las Vegas Metropolitan Police Department · filed 2012-02-24

A municipality may not be found liable under 42 U.S.C. § 1983 under a theory of respondeat superior. ... Because the record is void of any evidence demonstrating an action pursuant to the official municipal policy of the LVMPD caused Plaintiffs’ injuries, Defendants’ motion for summary judgment is granted on this claim.

Section 1983 requires a plaintiff seeking municipal liability to allege facts linking a policy or custom to the constitutional injury.

Hernandez v. District of Columbia · filed 2012-02-27

Turning to the complaint, the Court finds plaintiff’s mere allegation that Officer Singh acted pursuant to WCSA “employment policies or procedures” insufficient to provide an “affirmative link” between the policy and the injury. Plaintiff has therefore failed to allege that WCSA was the “moving force” behind the violation.

A § 1983 claim against a city must allege facts supporting a widespread policy or that policymakers knew of and ratified the alleged misconduct or failed to act.

Gelbard v. City of Miami · filed 2012-02-28

Count VI of Plaintiffs Complaint, alleging a violation of 42 U.S.C. § 1983, fails to assert facts in support of a wide spread policy or that policymakers were aware of the alleged misconduct but ratified such conduct or failed to act and is, accordingly, DISMISSED without prejudice.

A city is liable for monetary damages under § 1983 only if its policy, practice, or custom caused a constitutional injury.

Tillett v. City of Bremerton · filed 2012-03-06

Absent competent evidence demonstrating that the City had a policy, practice, or custom that caused a constitutional injury, the City is not liable for monetary damages in a § 1983 suit.

Section 1983 requires a plaintiff seeking to hold a county liable to allege that a county policy, practice, or custom caused the constitutional violation.

Winnop v. Deschutes County · filed 2012-03-06

Dismissal of Winnop’s claim against Deschutes County was proper because Winnop failed to allege that his constitutional rights were violated pursuant to a policy, practice, or custom of the County.

A § 1983 claim against a municipality requires an injury proximately caused by conduct under an official policy, custom, practice, or procedure.

Boyd v. Fire Bureau · filed 2012-03-06

The district court properly dismissed Boyd’s Eighth, Ninth, and Fourteenth Amendment claims because Boyd failed to allege that his injuries were proximately caused by the defendants’ conduct under an official city policy, custom, practice, or procedure.

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

Santos v. New York City · filed 2012-03-06

Even assuming that Santos pleads facts sufficient to state a claim against PO John Doe for false arrest, Santos’s claim against the City under this very same theory of liability must fail; the City, as a municipality, cannot be held vicariously liable for the constitutional torts of its employees.

A local government can be liable under § 1983 for a single official’s act when state law gives that official final policymaking authority.

Baar v. Jefferson County Board of Educ. · filed 2012-03-07

As the district court recognized, the actions of a single official can only create liability for the local government where that official has final policymaking authority, and whether an official has such final authority is a question of state law.

Section 1983 does not make a municipality vicariously liable for its employees’ acts; municipal liability requires a policy or custom that caused the constitutional injury.

Blue v. District of Columbia Public Schools · filed 2012-03-08

A municipality may not, however, be held liable under § 1983 on a theory of respondeat superior or vicarious liability for the acts of its employees.

Section 1983 municipal liability for inadequate excessive-force policies, training, or discipline requires evidence of the city’s deliberate indifference.

Feliciano v. City of Miami Beach · filed 2012-03-08

Here the Court finds insufficient evidence that the City was deliberately indifferent to Fourth Amendment excessive-force protections so as to sustain Plaintiffs claims of municipal liability on Counts 1, 2, or 4.

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

L.L. Nelson Enterprises, Inc. v. County of St. Louis · filed 2012-03-09

The amended complaint also fails to state a claim against the County. A municipality cannot be held liable under § 1983 solely because it employs a tortfeasor. A municipality can be liable only if a municipal “policy or custom” caused a plaintiff to be deprived of a federal right.

Section 1983 permits county liability for workplace sexual harassment only if a county custom, practice, or policy condoned it.

Kramer v. Wasatch County · filed 2012-03-09

Wasatch County may only be liable under § 1983 if it had a custom, practice, or policy that condoned sexual harassment in the workplace.

Section 1983 does not permit municipal liability without an underlying constitutional violation attributable to the municipality.

Redmond v. Sanders · filed 2012-03-13

Because Plaintiff has failed as a matter of law to establish a constitutional violation by any of the three individual Defendant police officers, his § 1983 claims against the Defendant City fail for lack of an underlying constitutional violation that could be attributed to the municipality.

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

Wilcox v. Magill · filed 2012-03-14

As for the claims of municipal liability, plaintiffs fail to identify any municipal policy or custom that caused a constitutional violation. See Moss, 559 F.3d at 1168 (“To establish a claim for damages under § 1983 against municipal entities or local government bodies, the plaintiff must prove (1) the entity executed a policy or custom (2) that caused the plaintiff to suffer deprivation of constitutional or other federal rights.”).

Section 1983 permits a school district to be liable for a principal’s conduct when the principal has authority to set district policy in the area at issue.

Marino v. Chester Union Free School District · filed 2012-03-14

This statement supports the conclusion that the School Board delegated disciplinary matters to Jackson’s discretion; as such, he could set policy. Therefore, Jackson may be deemed a policymaker under Monell for the purposes of § 1983 liability.

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

Bellard v. Sid Gautreaux, III · filed 2012-03-15

Municipalities may be held liable under § 1983 for constitutional violations if: (1) there is a constitutional violation; (2) an official policy or custom; and (3) a showing that the official policy or custom was the operational force behind the constitutional violation.

Section 1983 municipal liability requires a policy or custom that caused constitutional harm or an act by an official with final policymaking authority.

Freeman v. Town of Hudson · filed 2012-03-15

This Court finds the R & R to be thorough and well-reasoned and, accordingly, accepts and adopts it in its entirety. ... The Town and Conservation Commission correctly argue that the Freemans have not sufficiently alleged that a municipal custom, policy or practice caused them constitutional harm.

Section 1983 municipal liability requires proof that an official policy or tolerated custom caused the deprivation of a constitutional right.

Romero v. City of New York · filed 2012-03-17

Accordingly, because plaintiffs have failed to proffer any evidence establishing a genuine dispute of material fact as to whether an official policy or tolerance of a custom by the Municipal Defendants resulted in the deprivation of Ms. Doe’s constitutional rights, summary judgment in favor of the Municipal Defendants, the City, the NYCDOE, and SCI, on plaintiffs’ Section 1983 claims is granted.

A municipality’s policy can support § 1983 liability when it plausibly caused economic harm to a business, even if the business did not shut down.

Rittenhouse Entertainment, Inc. v. City of Wilkes-Barre · filed 2012-03-19

But a total shutdown of the bar is not necessary to establish a plausible nexus between the alleged policy and alleged injury. Plaintiffs allege that the City had a policy to discourage businesses from serving Blacks and Latinos, and an obvious consequence of this policy would be that a business that serves Blacks and Latinos would suffer economic harm. Based on these allegations, Plaintiffs have alleged causation sufficient to state a claim for municipal liability.

Section 1983 permits municipal liability when an official policy, practice, or custom causes a constitutional injury.

Zenquis v. City of Philadelphia · filed 2012-03-19

A municipality such as the City may be held liable for the constitutional injuries inflicted by its employees or agents only when the injuries were caused by official municipal policy, practice, or custom.

Section 1983 permits liability against a municipality or private corporation acting under color of state law when its official policy or custom causes the plaintiff’s constitutional injury.

Estate of Rice Ex Rel. Rice v. Correctional Medical Services · filed 2012-03-20

In order to recover against a municipal or corporate defendant under section 1983, it is not enough for the plaintiff to show that an employee of the municipality or corporation violated his constitu- tional rights; he must show that his injury was the result of the municipality’s or corporation’s official policy or custom.

A school principal’s authority to suspend students, change classrooms, and handle discipline within one school does not establish policymaking authority for § 1983 municipal liability.

McSweeney v. Bayport Bluepoint Central School District · filed 2012-03-20

In addition, the ability to suspend students, relocate their classrooms and handle disciplinary matters within one school hardly constitutes policy making authority.

Section 1983 requires a plaintiff seeking municipal liability to show a policy or custom and a causal link between it and a constitutional injury.

Robinson v. Cook · filed 2012-03-21

Therefore, a plaintiff seeking to impose liability on a municipality under Section 1983 must “demonstrate both the existence of a policy or custom and a causal link between that policy and the constitutional harm.”

Section 1983 requires a causal link between municipal policy and a rights violation; the mere existence of a city ordinance does not establish liability for an arrest under a state statute.

Snider v. City of Cape Girardeau · filed 2012-03-21

Here, however, plaintiff was charged under the state statute, not the ordinance. Plaintiff cannot rely on the mere existence of the ordinance to establish the causal link between Peters’ arrest of plaintiff and municipal policy so as to make the City liable for the violation of plaintiffs rights.

Section 1983 requires an underlying constitutional violation for municipal liability based on an official policy.

Doe Ex Rel. Magee v. Covington County School District · filed 2012-03-23

Thus, even if the ineffective check-out policy was the moving force behind Jane’s injury, there can be no § 1983 liability unless Jane suffered a constitutional violation.

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

Pooler v. Nassau University Medical Center · filed 2012-03-23

Under Monell, a municipal entity may be held liable under Section 1983 where a plaintiff demonstrates that the constitutional violation complained of was caused by a municipal “policy or custom.” ... Furthermore, plaintiff has not provided any evidence of an alleged policy, practice or custom at NHCC that deprived plaintiff of his constitutional rights.

Section 1983 does not make a municipality liable merely because an official has authority over charging decisions or case strategy; municipal liability requires final policymaking authority.

Anderson v. City of Bellevue · filed 2012-03-23

However, decision-making authority with respect to charging or case strategies is not the same as “final policy-making authority” for purposes of section 1983 municipal liability.

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

Matthews v. City of West Point · filed 2012-03-23

The final element requires the plaintiff to prove causation; that is, that the policy or custom is the cause in fact of the rights violation.

Section 1983 permits municipal liability for failure to investigate police misconduct when a policy or custom shows deliberate indifference to citizens’ rights.

Garvey v. Vermilion · filed 2012-03-26

We conclude that Garvey submitted sufficient evidence to demonstrate that there is a genuine issue of material fact as to whether the City of Vermilion failed to investigate the matter or that the investigation demonstrated a policy or custom of deliberate indifference to the rights of citizens.

A municipality is liable under § 1983 only when the alleged constitutional injury results from its official policy or custom, and the plaintiff bears the burden of proving that connection.

Soltesz v. Rushmore Plaza Civic Center · filed 2012-03-26

Municipal liability under 42 U.S.C. § 1983 only lies “where ... the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that [local government entity’s] officers.” Monell v. New York City Dept. of Social Services, 436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). To hold the City of Rapid City liable for any conduct of the Rushmore Plaza Civic Center, or its employees, the burden of proof rests with plaintiff.

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

Robbins v. Chatham County · filed 2012-03-26

However, a local government can only be held liable under § 1983 for acts of one of its officers if the plaintiff can establish that an official local government custom or policy was the “moving force” behind the deprivation of a constitutional right.

Section 1983 requires evidence that a municipal policy or custom caused the alleged constitutional deprivation to hold a city liable.

Gwynn v. City of Philadelphia · filed 2012-03-28

Here, any claim against the City that can be interpreted from Plaintiffs’ Complaint is dismissed because the Plaintiffs have failed to present any evidence of any municipal policy or custom on the part of the City that it conducts illegal searches and seizures upon its officers that are accused of crimes on the job.

Section 1983 requires a plaintiff asserting municipal liability to allege that the challenged actions were taken pursuant to a municipal policy or custom.

Leibert v. Philadelphia Housing Authority · filed 2012-03-30

To the extent that Leibert appeals the dismissal of her conspiracy claim under 42 U.S.C. § 1985 and her municipal liability claims, we agree with the District Court that she has failed to state plausible claims for relief. She does not allege any facts that would support the existence of a conspiracy, and she does not allege that the Appellee’s actions were taken pursuant to a policy or custom of the municipality.

A § 1983 municipal liability claim must identify a policy or custom that violates constitutional rights and connect it to an official with policymaking authority.

Rees v. Office of Children and Youth · filed 2012-03-30

The District Court correctly dismissed the Monell claim because Rees’ complaint failed to allege a specific OCY policy or custom that was deliberately indifferent to, and violative of, plaintiff’s constitutional right and failed to allege such action by an OCY policy-maker.

Section 1983 permits a municipality to be sued when its official policy causes a constitutional violation.

Hidden Village, LLC v. City of Lakewood · filed 2012-03-30

Municipalities and other bodies of local government are “persons” within the meaning of § 1983 and may therefore be sued directly if they are alleged to have caused a constitutional tort through a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers.

Section 1983 municipal liability requires an underlying constitutional violation; without one, a claim that a city failed to train its officers fails.

O'Grady v. City of Ballwin · filed 2012-03-31

When a § 1983 claim is asserted against a municipality, proper analysis requires consideration of two different issues: “(1) whether plaintiffs harm was caused by a constitutional violation, and (2) if so, whether the city is responsible for that violation.” ... In the absence of an underlying constitutional violation, allegations of municipal liability arising from such a violation must fail.

A municipality is liable under § 1983 only when its policy, custom, or a policymaker’s action causes a constitutional violation.

Bloodworth v. Village of Greendale · filed 2012-04-10

Monell liability exists only if official policy or custom or the actions of a person exercising policymaking authority caused a constitutional violation.

Section 1983 requires an underlying constitutional violation for municipal liability, even when a municipal policy caused the plaintiff’s injury.

Doe v. Covington County Sch Dist, et a · filed 2012-04-13

Thus, even if the ineffective check-out policy was the moving force behind Jane’s injury, there can be no § 1983 liability unless Jane suffered a constitutional violation.

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

Lam v. City & County of San Francisco · filed 2012-04-13

Here, because plaintiffs fail to establish the existence of triable issues with respect to any equal protection violation that underlies their section 1983 claims, they also fail to establish the first of the elements necessary for liability against the City— i.e., a “constitutional violation.”

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

Peters v. District of Columbia · filed 2012-04-16

The plaintiffs’ allegations do not establish that a custom, policy or practice of the District of Columbia caused their alleged injuries, which is fatal to their claims under 42 U.S.C. §§ 1981 and 1983.

Section 1983 makes a municipality liable for its own unconstitutional policies, including policies enacted by ordinance.

Benedix v. VILLAGE OF HANOVER PARK, ILL. · filed 2012-04-17

Section 1983 imposes liability on state and municipal governments for their own uncon- stitutional policies, see Monell v. New York City Depart- ment of Social Services, 436 U.S. 658 (1978), and legislation makes the elimination of Benedix’s position the Village’s official policy.

Section 1983 municipal liability requires sufficient allegations linking the alleged rights violation to a municipal policy or custom, a final policymaker, or ratification.

Fisher v. Kealoha · filed 2012-04-19

Plaintiff has not presented sufficient allegations to establish Section 1983 municipal liability against the City under any of the three recognized standards.

Section 1983 requires probative evidence of an unconstitutional policy or custom to hold a police board liable.

Green v. Nocciero · filed 2012-04-20

Green’s failure to present probative evidence of an unconstitutional policy or custom was fatal to his claims against the Police Board.

A municipality is liable under § 1983 only when its policy or custom causes the injury, not solely because its employees caused it.

Hopkins v. Canton City Board of Education · filed 2012-04-24

Municipal immunity applies as well, because Hopkins fails to argue that any of the Board’s policies or customs affected her transfer right. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694 (1978) (“[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 . . . inflicts the injury that the government as an entity is responsible under § 1983.”).

Section 1983 does not permit municipal liability when no underlying constitutional violation occurred.

Estate of Wasilchen v. Gohrman · filed 2012-04-25

In light of the court’s conclusion above that Mr. Gohrman did not commit any constitutional violation, there is no basis for the County’s liability under § 1983.

Section 1983 requires a municipal policy or custom to cause the alleged violation before a municipality can be held liable.

Stanley v. City of Pittsburgh · filed 2012-04-26

Even if we entertain the questionable assertion that the coroner lacked probable cause and Stanley’s constitutional rights were violated, Stanley has offered no evidence that this violation resulted from the City of Pittsburgh’s policy.

Section 1983 requires a plaintiff suing a municipality to show that a municipal policy or custom caused the deprivation of rights.

Sutterfield v. City of Milwaukee · filed 2012-04-30

This has come to be known as the “policy or custom” or “custom, policy, or practice” requirement to sustain a suit against a municipality under § 1983. ... Without such a showing, Monell bars Ms. Sutterfield’s claim against the City.

Section 1983 permits municipal liability when a government policy or custom causes a constitutional injury; a policy claim fails without a constitutional violation.

Carmichael v. City of Cleveland · filed 2012-05-01

A municipality may be held liable under § 1983 when execution of a local government’s policy or custom inflicts the plaintiffs constitutional injury.

A § 1983 claim against a county must identify a county policy or custom that caused the plaintiff’s injury.

LeBlanc v. Stedman · filed 2012-05-02

To state a § 1983 claim against Lancaster County, LeBlanc must identify a county policy or custom that caused the his injury.

A municipality is liable under § 1983 for an employee’s constitutional tort only when the employee acts pursuant to official action or with approval.

April Walker v. Harris County · filed 2012-05-04

Generally, municipalities, such as Harris County, are not liable for the constitutional torts of their employees unless those employees act pursuant to an official action or with approval.

A city can be liable under § 1983 for retaliation based on an express policy, a widespread custom, or retaliation by an official with final decisionmaking authority.

Barlass v. City of Janesville · filed 2012-05-04

Barlass’s suit against the City required a showing that the City had an express policy or widespread “custom” of retaliation, or else that a City official with final decision making authority retaliated against her.

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

Foley, et al. v. Town of Lee, et al. · filed 2012-05-09

For purposes of a § 1983 claim against a town, "[1]lability only attaches where the municipality causes the deprivation through an official policy or custom." Rodriguez v. Municip. of San Juan, 659 F.3d 168, 181 (1st Cir. 2011).

Section 1983 does not impose municipal liability based on negligence, and municipal liability requires a constitutional violation caused by a governmental policy or custom.

Marotta v. McKeel · filed 2012-05-09

With respect to the City and County of Denver, the magistrate judge decided that (1) Mr. Marotta could not predicate a § 1983 claim against the City and County of Denver based on negligence; (2) the finding of qualified immunity for Officer Rocco-McKeel precluded imposition of municipal liability; (3) Mr. Marotta did not show the existence of a governmental policy or custom that deprived him of a constitutional right or a direct causal connection between a Denver policy or custom and the alleged constitutional violation; and (4) Mr. Marotta failed to show deliberate indifference by the City and County of Denver. ... Applying these standards and upon careful consideration of the parties’ appellate briefs, the district court record, and relevant case law, we conclude the district court judge, adopting the magistrate judge’s thorough recommendations, appropriately granted defendants’ motions to dismiss and for summary judgment. Accordingly, we affirm for substantially the same reasons set forth in the recommendations and orders.

A § 1983 claim against a school board fails without allegations of an official policy or custom or discriminatory intent.

Brown v. Board of Trustees Sealy Independent School District · filed 2012-05-09

Because the Complaint does not allege that the SISD Board Defendants acted on a policy or custom or with any discriminatory intent in terminating Brown, the Court must dismiss Plaintiffs §§ 1981 and 1983 claims brought against the SISD Board Defendants.

Section 1983 allows municipal liability for constitutional injuries caused by an official policy, widespread custom, or final policymaker.

Weeks v. Hodges · filed 2012-05-10

The “official policy” requirement for liability under § 1983 is to distinguish acts of the municipality from acts of employees of the municipality, and thereby make clear that municipal liability is limited to action for which the municipality is actually responsible.

Isolated incidents support municipal § 1983 liability for failure to train only when they were a highly predictable consequence of that failure.

Roberts v. Rodney Cole, II · filed 2012-05-11

Isolated incidents of the kind Roberts identifies cannot form the basis for municipal § 1983 liability, unless they were the highly predictable consequence of a failure to train.

Section 1983 requires a plaintiff seeking to hold a local government liable to show that an official municipal policy caused the constitutional injury.

Hinson v. Rankin County · filed 2012-05-11

Thus, in order to hold the County liable, plaintiffs must establish their constitutional rights were violated as a result of the County’s official policy. ... In the case at bar, plaintiffs have offered no proof of any pattern of constitutional violations by untrained employees, nor otherwise suggested any basis for finding the County had notice that its officers’ training program would result in constitutional violations. Therefore, plaintiffs cannot prevail on their claim against the County for the alleged violation of their Fourth Amendment rights.

Section 1983 permits local government liability only when an official policy or custom causes the deprivation of rights.

Minnick v. County of Currituck · filed 2012-05-14

Section 1983 liability can only attach to a local government body when “it causes such a deprivation through an official policy or custom.”

Section 1983 permits municipal liability when a city’s custom of tolerating known officer misconduct causes a constitutional injury.

Panas v. City of Philadelphia · filed 2012-05-14

In sum, a reasonable jury could decide that the City of Philadelphia, through the customs of its Police Department, bears sufficient culpability for Panas’ death to hold the City itself liable under § 1983 as interpreted by Monell and its progeny.

Section 1983 requires a governmental policy or custom to hold a county liable for its officers’ actions.

Murphy v. County of Chemung (In Re Murphy) · filed 2012-05-18

In order to succeed on a suit against the County, Murphy must show that “the alleged unlawful action [was] implemented or was executed pursuant to a governmental policy or custom.”

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

Yevstifeev v. Steve · filed 2012-05-18

Where Section 1983 claims are brought against a municipality, the plaintiff must plead and prove that: (1) there was an official policy or custom; (2) which caused the plaintiff to be subjected to; (3) the denial of a constitutional right. ... Plaintiffs do not, however, plead any policy or custom on the part of the Town, or allege that such a policy or custom caused them any particular constitutional injury.

Section 1983 requires facts showing that a municipal policy or custom caused the alleged injury; a city is not liable solely for an employee’s conduct.

City of Dayton v. A.R. Environmental, Inc. · filed 2012-05-21

Accepting as true Penland’s claim — that such a threat was made — the City cannot be found liable under § 1983. He has not alleged facts showing that the City maintained a policy or custom of making or condoning racially-based comments or threats.

Section 1983 permits municipal liability for an employee’s acts only when a constitutional deprivation results from a government policy or custom.

Hubert PHILOGENE, Plaintiff, v. DISTRICT OF COLUMBIA Et Al., Defendants · filed 2012-05-25

A municipality, such as the District, is only liable under § 1983 for the acts of its employees if a plaintiff can show that: (1) he was deprived of a constitutional right; and (2) such deprivation was the result of a government policy or custom.

Section 1983 permits county liability for a contractor’s medical care policies when the county delegates final decision-making authority to the contractor.

King v. Kramer · filed 2012-05-25

The County cannot shield itself from § 1983 liability by contracting out its duty to provide medical services.

Section 1983 provides no basis for municipal or supervisory liability when the plaintiff suffered no constitutional violation.

Sandefur v. Village of Hanover Park · filed 2012-05-25

Because the court has held that there was no violation of Sandefur’s constitutional rights, there is no basis for the municipal liability of the Village or for the supervisory liability of Craig or Moser.

A § 1983 claim against a municipality can proceed when the complaint alleges a custom or policy of disregarding defects in a facially invalid levy.

Green v. Metropolitan Government of Nashville · filed 2012-05-29

Whatever the proofs might ultimately be on this point, Green did not merely allege a policy of enforcing facially valid state court orders, even if they may from time to time be erroneous, which we have held cannot be an unconstitutional policy.

A county is liable under § 1983 for an alleged injury only if its custom was a moving force behind that injury.

Kolota v. Sevier County, Tennessee · filed 2012-05-29

To be sure, her experience was unimaginably traumatic, but she has not demonstrated that overcrowding and misclassification were a custom in the Sevier County Detention Facility or that the misclassification was the moving force that caused her rape, which was perpetrated by fellow inmates. ... Without such a showing, there can be no genuine dispute as to Sevier County’s liability under 42 U.S.C. § 1983.

A municipality may clearly and unequivocally waive Monell’s requirements in a § 1983 action, allowing the court to treat those elements as satisfied.

Kinnison v. City of San Antonio · filed 2012-05-31

We join these courts in concluding that, where the municipality in question has clearly and unequivocally waived the protections of Monell, we can ... accept that waiver and treat those elements as satisfied.

A local government may be liable under § 1983 for constitutional violations caused by its official policy or custom, including deliberate indifference to employee misconduct.

C.K. ex rel. A.K. v. Bell County Board of Education · filed 2012-06-07

As a result, the plaintiffs must show that the Board violated A.K.’s constitutional rights by acting “pursuant to official municipal policy” or custom.

Section 1983 permits municipal liability for a decision by a body with final policymaking authority.

Paeth v. Worth Township · filed 2012-06-08

Municipal liability could attach to the ZBA’s decision to deny the Paeths a variance. The ZBA is a policymaking body within the Township, because its decisions are not reviewed by any superior officials.

Section 1983 municipal liability requires an underlying constitutional violation.

McBroom v. George Payne, Jr. · filed 2012-06-08

We do not reach the merits of the district court’s summary judgment disposing of McBroom’s official-capacity suit against Payne, because the jury’s verdict for Massengill leaves no underlying constitutional violation on which to base municipal liability.

Section 1983 requires a plaintiff suing a municipality to show that a municipal policy or custom deprived the plaintiff of a federal right.

Johnson v. City of Wakefield · filed 2012-06-20

Even if we accept as true Johnson’s allegations regarding damage to his home and injury to his pet, to state a civil rights claim against the City, he must show that a City policy or custom deprived him of a federal right.

Section 1983 permits a claim against a municipality for a constitutional tort only when a municipal custom or practice allows or ratifies the conduct.

McGlown v. City of Birmingham · filed 2012-06-21

City, as a municipal corporation, cannot be sued under § 1983 except for constitutional torts arising out of a City custom or practice that allows or ratifies the conduct being complained of.

A county custom supporting liability under § 1983 requires a continuing, widespread, persistent pattern of constitutional misconduct; flaws in jail practices alone are insufficient.

Luckert v. Dodge County · filed 2012-06-22

Luckert effectively has shown flaws in Dodge County’s practices, but has not demonstrated the “continuing, widespread, persistent pattern of constitutional misconduct” necessary to find the county liable.

Section 1983 does not require proof of an additional municipal policy or custom when municipal policymakers themselves violate federal law.

Warner v. Township of South Harrison · filed 2012-06-26

Therefore it is not necessary for Plaintiff to present evidence of an additional unconstitutional policy or custom, where he has sufficiently established that the municipal policymakers themselves violated federal law.

Section 1983 requires a plaintiff suing a municipality to allege a specific policy or custom that caused the constitutional injury.

Galloway v. City of Abbeville · filed 2012-07-02

Galloway’s amended complaint fails to point to a specific policy constituting deliberate indifference to Fourth Amendment rights, and so he cannot show that such a policy caused his harm.

Section 1983 generally does not make a municipality liable for its employees’ acts under respondeat superior.

Rigg v. City of Lakewood · filed 2012-07-03

Nevertheless, it is generally improper to hold a municipality hable under 42 U.S.C. § 1983 for the acts of its employees based on a theory of respondeat superior.

A municipality is not liable under § 1983 without an underlying constitutional violation.

Cutlip Ex Rel. Cutlip v. City of Toledo · filed 2012-07-05

The police did not violate Rocky’s constitutional rights, and without an underlying constitutional violation, the City is not liable under § 1983.

A § 1983 claim against a municipal officer in his official capacity requires a municipal policy causally linked to the alleged constitutional violation.

McPhearson v. Anderson · filed 2012-07-05

Plaintiffs Complaint is void of any reference to a single policy of the City of Norfolk, let alone any allegation of a causal link to a possible a constitutional violation. Thus, plaintiffs § 1983 claim against defendant A.L. Anderson in his official capacity is DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(6).

Section 1983 requires an official-capacity claim against a municipal officer to allege a municipal policy that caused a constitutional violation.

McPhearson v. Anderson · filed 2012-07-06

Plaintiffs Complaint is void of even a single reference to the Board of County Supervisors of Prince William County, let alone allegations regarding Board policies resulting in a constitutional violation.

Section 1983 permits municipal liability when a city policy or custom causes an employee to violate a constitutional right, but does not impose liability solely because the city employed the person who committed the violation.

Pryor v. City of Clearlake · filed 2012-07-06

Although a city may not be held vicariously liable for the unconstitutional acts of its employees on the basis of an employer-employee relationship with the tortfeasor, it may be held liable under Monell when a municipal policy or custom causes an employee to violate another’s constitutional right.

Section 1983 does not impose municipal liability under Monell when no constitutional violation occurred.

Bleish v. Moriarty · filed 2012-07-09

Absent a violation of Bleish's constitutional rights. Chief Conley, the NPD, and the City are entitled to judgment as a matter of law on Counts XVII and XVIII if those counts are construed to assert Monell claims.

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

Frank v. County of Ontario · filed 2012-07-09

Where a § 1983 claim is alleged against a municipality, based on the allegedly unconstitutional acts of its employees, a plaintiff must demonstrate that his injuries resulted from a municipal policy, custom, or practice.

Section 1983 requires a claim against a county to allege that an official policy, custom, practice, or procedure proximately caused the plaintiff’s injuries.

Knanishu v. McGinness · filed 2012-07-11

The district court properly dismissed the claims against the County of Sacramento because Knanishu did not allege that his injuries were proximately caused by defendants’ conduct under an official county policy, custom, practice, or procedure. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691 (1978) (setting forth requirements for a § 1983 claim of municipal liability).

Section 1983 requires a plaintiff suing a municipality for unconstitutional acts by employees below the policymaking level to show that a municipal custom or policy caused the violation.

Preston v. Hilton Central School District · filed 2012-07-11

In order to maintain a Section 1983 action against a municipality for the unconstitutional acts of employees below the policymaking level, a plaintiff must establish that a municipal custom or policy caused the violation of her constitutional rights.

A Section 1983 claim against a municipality requires the plaintiff to show that an official municipal policy caused the deprivation of rights.

Owens v. District of Columbia · filed 2012-07-13

To assert a Section 1983 claim against a municipality, the plaintiff must also show that the action was taken “pursuant to official municipal policy” such that the municipality subjected the person to a deprivation of rights or caused a person to be subjected to the deprivation.

A § 1983 claim against a municipality requires harm caused by a constitutional violation before the court considers whether the municipality is responsible.

Johnson v. City of Unalakleet · filed 2012-07-13

Turning to the Appellants’ claim against the City, we note that “proper analysis requires us to separate two different issues when a § 1983 claim is asserted against a municipality: (1) whether plaintiff’s harm was caused by a constitutional violation, and (2) if so, whether the city is responsible for that violation.” ... We have already determined that Johnson’s harm was not caused by a constitutional violation. Therefore, there is no need to discuss the City’s responsibility for conduct that was not a constitutional violation.

A Section 1983 claim against a city must identify a policy or custom that caused the alleged constitutional violation and an official with final policymaking authority over the challenged act.

Hoefling v. City of Miami · filed 2012-07-13

However, Hoe-fling fails to allege the two other necessary elements for a § 1983 claim against a city; Hoefling does not identify an official practice or custom that is the moving force behind the alleged constitutional violations, and he does not identify a responsible city official who speaks with final policymaking authority for City of Miami concerning the act alleged to have caused the particular constitutional violations at issue.

Section 1983 municipal liability requires an underlying constitutional deprivation.

Jeanty v. City of Miami · filed 2012-07-13

As the Court has found no showing of unlawful arrest or constitutional deprivation in the first instance, the Court finds no predicate for municipal liability on the part of the City of Miami. The Court therefore enters summary judgment in favor of the City on Counts 3 and 4.

Section 1983 permits claims against persons acting under color of state law and imposes county liability when a policy or custom caused the constitutional violation.

Sanders v. Henry County, Georgia · filed 2012-07-17

In order to prevail on a civil rights action under § 1983, a plaintiff must establish that she was “deprived of a federal right by a person acting under color of state law.” ... Counties are “persons” within the scope of § 1983 and can be subject to liability. ... To impose § 1983 liability on a county, a plaintiff must show: (1) that his constitutional rights were violated; (2) that the county had a policy or custom that constituted deliberate indifference to those constitutional rights; and (3) that the policy or custom caused the violation.

Section 1983 permits municipal liability when a constitutional deprivation results from a policy, practice, or custom amounting to deliberate indifference.

Payne v. County of Orange · filed 2012-07-23

Without the findings of the Investigative Report or the unsupported opinions of Payne’s expert, Payne fails to raise an issue of material fact as to whether the practices or customs of the County Sheriff’s Department deprived him of his Fourteenth Amendment constitutional right to protection from assault by other inmates and he similarly fails to meet the “deliberate indifference” requirement necessary to establish a § 1983 claim under Monell v. Department of Social Services, 436 U.S. 658 (1978).

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

Bruederle v. Louisville Metro Government · filed 2012-07-24

Third, since we have found that Bruederle did not endure a constitutional violation during his stay in the jail, the district court properly granted summary judgment in favor of Louisville, CMS, and Campbell.

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

Aldrich v. Town of Milton · filed 2012-07-24

To summarize, no genuine issues of material fact exist as to whether the Town has a practice or policy of sanctioning the unlawful extraterritorial exercise of police power by its officers. Therefore, the Town is entitled to the entry of judgment as a matter of law on this claim.

Section 1983 requires a plaintiff seeking municipal liability to identify a policy or custom that caused the alleged constitutional violation; a conclusory allegation that policies exist is insufficient.

Comeau v. Town of Webster · filed 2012-07-24

None of Plaintiffs’ allegations identify a policy that caused a violation of their right to due process. Instead, Plaintiffs attempt to implicate the town by parroting the elements of a § 1983 claim. On such meager allegations, Plaintiffs’ claim for municipal liability cannot succeed.

Section 1983 requires a municipal liability claim to allege a policy or custom that caused the constitutional injury; allegations limited to the plaintiffs’ own experiences do not suffice.

Jones v. District of Columbia · filed 2012-07-25

Simply citing to their own experiences does not state a claim that Plaintiffs were the victim of a policy or custom that caused them to suffer injury.

A Monell claim under Section 1983 requires an underlying constitutional violation.

Portee v. Alvarado · filed 2012-07-26

The district court properly declined to permit further discovery on the issue of liability under Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690 (1978), because Portee was unable to show an underlying due process violation to support a Monell claim.

Section 1983 requires a policy or custom to support liability against a county or officials sued in their official capacities.

Wright v. County of Franklin · filed 2012-07-26

In short, Plaintiff has not identified a “policy” or “custom” upon which to base Section 1983 liability against the County or the Defendants sued in their official capacity. The Court accordingly GRANTS summary judgment in favor of Franklin County, Sheriff Scott, and Chief Deputy Barrett.

A municipality is not liable under § 1983 for a magistrate’s issuance of an arrest warrant when the magistrate is not its final policymaker for that function.

Woodard v. Town of Oakman · filed 2012-07-27

Because Plaintiffs cannot show that Magistrate Welch is a “final policymaker” for Oakman, the Town of Oakman is not subject to § 1983 liability on Smith’s First Amendment retaliation claim.

Section 1983 requires more than simple negligence to hold a municipality liable for failing to train or supervise its officers.

Hunt v. City of Toledo Law Department · filed 2012-07-30

That is, a failure to train or supervise properly under section 1983 cannot be based only on simple negligence.

Section 1983 permits a claim against a school board based on its policy or custom and deliberate indifference to constitutional rights.

Goudeau v. East Baton Rouge Parish School Board · filed 2012-07-31

The Court finds that there are genuine issues of material facts surrounding the existence of a known policy by the School Board and its deliberate indifference to the rights of Plaintiff (and any other teachers who may have objected) to assign grades in accordance with their First Amendment rights and in compliance with well-known Louisiana law.

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

Jones v. East Haven · filed 2012-08-01

Under the standards of Monell v. Department of Social Services, 436 U.S. 658 (1978), a municipality can be held liable under Section 1983 if the deprivation of the plaintiff’s rights under federal law is caused by a governmental custom, policy, or usage of the municipality.

Section 1983 permits municipal liability when a plaintiff’s injury is attributable to the municipality’s custom, policy, or usage.

Jones v. Town of East Haven · filed 2012-08-01

To justify imposition of liability on the municipality, the Plaintiff needed to show that her loss was attributable to a custom, policy, or usage of the Town or its supervisory officials. The trial evidence failed to make such a showing.

Section 1983 permits municipal liability only when an identifiable municipal policy or custom is the moving force behind a constitutional violation; conclusory allegations about officers’ conduct are insufficient.

Thomas ex rel. D.T. v. City of New Orleans · filed 2012-08-02

These allegations simply fail to include sufficient factual matter which, accepted as true, would state a claim for municipal liability that is plausible on its face. The factual allegations in the complaint focus instead on individual police officer conduct, for which the City is not liable, absent a showing that the moving force behind the conduct is the City’s identifiable policy or custom.

A municipality may be liable under § 1983 when a constitutional violation is tied to its policies; its claim can proceed when a jury could find the underlying violation occurred.

Dean v. City of Chicago · filed 2012-08-05

Proof of this allows a plaintiff to hold the municipality itself liable under section 1983. ... The Court has concluded, however, that a reasonable jury could find that Fiorito violated Dean’s constitutional rights. The City provides no other argument as to why the Court should grant summary judgment in its favor, and the Court therefore declines to do so.

Section 1983 permits municipal liability when a municipality knows or should know of a risk that its officers will violate constitutional rights and responds with deliberate indifference.

Singh v. District of Columbia · filed 2012-08-07

It thus appears that the plaintiff has pleaded sufficient facts to indicate that the District was or should have been aware of the risk of constitutional violations from the defendant officers’ actions, and that it engaged in deliberate indifference by failing to take any ostensible action in response. ... The defendants’ motion to dismiss the Section 1983 claims as to the District is therefore denied.

Section 1983 does not make a municipality liable for an employee’s decisions under existing rules without an official policy or final policymaking authority.

Perez v. Metropolitan Transportation Authority · filed 2012-08-07

Rather than establish the policy formulation or rulemaking authority of D’Agostino and Olshanetskiy, these allegations assert that D’Agostino and Olshanetskiy had the authority to make decisions pursuant to the rules in place. Such allegations are insufficient to establish the MTA’s liability under Monell.

Section 1983 requires municipal ratification of unlawful discrimination or a municipal policy or custom promoting it; an employee’s conduct alone does not establish municipal liability.

Harris v. Powhatan County School Board · filed 2012-08-07

Harris’ claims under 42 U.S.C. §§ 1981 and 1983 also fail because Harris cannot impute municipal liability to the Board. It is well established that §§ 1981 and 1983 do not create a cause of action against a county for its employees’ actions under a theory of respondeat superior.

Section 1983 permits municipal liability for injuries caused by official policy or custom, but not solely by employees’ acts.

Hescott v. City of Saginaw · filed 2012-08-07

In this regard, a local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents.

Section 1983 permits municipal liability when an unconstitutional municipal policy, practice, or custom caused the wrongdoing.

Muhammad v. District of Columbia · filed 2012-08-08

A municipality may be held liable under Section 1983 if it is shown that the wrongdoing resulted from an unconstitutional policy, practice or custom promulgated or sanctioned by the municipality.

Section 1983 permits municipal liability when an official with final policymaking authority is involved in the alleged constitutional violation.

Springsteen v. Garrett · filed 2012-08-08

Garrett is the highest official in the Clerk’s office, i.e., the decisionmaker responsible for establishing final policy respecting the Clerk’s office. ... As such, Wayne County and Garrett in her official capacity can be held liable for the alleged violations of Springsteen’s First Amendment rights.

Section 1983 does not impose municipal liability based solely on a city attorney’s legal argument; an official municipal policy requires more.

Teesdale v. City of Chicago · filed 2012-08-10

But even so, based on Pembaur, we hold that the City’s improper legal argu- ment is insufficient to constitute an official City policy that establishes municipal liability under § 1983.

Section 1983 permits a claim against a city when direct application of its ordinance causes the alleged constitutional injury.

Loscombe v. City of Scranton · filed 2012-08-10

Here, it is plainly obvious that the Ordinance’s direct application was the source of Loscombe’s alleged injury. Therefore, the City of Scranton will not be dismissed from this matter for failure to allege a custom or practice insofar as there remain allegations that the Ordinance was unconstitutional.

Section 1983 permits municipal liability for officers’ actions only when an official policy or custom causes the constitutional violation.

Gray v. The City of Roswell · filed 2012-08-13

In Monell v. Department of Social Services of City of New York, 436 U.S. 658, 98 S. Ct. 2018 (1978), the Supreme Court explained the boundaries of municipal liability under § 1983. A municipality may only be held liable for the actions of law enforcement officers when official policy or custom causes the constitutional violation.

Section 1983 requires a plaintiff pursuing municipal liability through a final policymaker’s act or ratification to allege facts connecting that policymaker to the constitutional violation.

Sornson v. Oregon Commission on Children · filed 2012-08-13

The Complaint fails to identify or even allege that any official with final policy-making authority committed the constitutional tort or ratified a subordinate’s unconstitutional decision or action. Accordingly, the Complaint — as it stands before me — does not state a claim for relief under the theories of municipal liability asserted by Plaintiff.

Section 1983 permits a claim based on a municipality’s failure to establish a policy only when that failure shows deliberate indifference to residents’ rights and causes a constitutional violation.

Poole v. City of Shreveport · filed 2012-08-16

“Only where a municipality’s failure to [establish a policy] in a relevant respect evidences a ‘deliberate indifference’ to the rights of its inhabitants can such a shortcoming be properly thought of as a city ‘policy or custom’ that is actionable under § 1983.”

Section 1983 requires a plaintiff seeking to hold a municipality liable to plausibly allege that its policy or custom was the moving force behind a constitutional deprivation.

Bradley v. Baltimore Police Dep't · filed 2012-08-22

While concluding the City Defendants are not entitled to Eleventh Amendment immunity as to the federal civil rights claims, this Court nevertheless finds the complaint inadequately alleges facts to allow the conclusion that the City Defendants should be held liable under Monell and its progeny for any policy or custom that can fairly be described as the moving force behind the claimed constitutional deprivations.

A municipality may be liable under § 1983 even when an officer is entitled to qualified immunity because the law was not clearly established.

Kerns v. Board of Commissioners · filed 2012-08-22

Thus, a court’s finding that an officer is entitled to qualified immunity based on the clearly established prong, does not bar a finding of municipal liability.

A county’s liability under § 1983 requires evidence that its policy or custom was the moving force behind the alleged deprivation of rights.

Copeland v. County of Franklin · filed 2012-08-23

The court further held, correctly we conclude, that the evidence “falls far short of showing that the (Sheriffs Department) engaged in a ‘policy or custom’ that was the ‘moving force’ behind the (alleged) deprivation of (Plaintiffs’) rights,” quoting Powers, 501 F.3d at 607, and citing Monell v. New York City Department of Social Services, 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).

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

City of Fort Lauderdale v. Scott · filed 2012-08-23

Rather, to impose § 1983 liability on a municipality, a plaintiff must identify a municipal policy or custom that caused his injuries.

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

Collett v. City of Norfolk · filed 2012-08-24

In order for a local government to have liability, there must be an injury inflicted from the “execution of a government’s policy or custom, whether by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy.” ... However, there are no allegations that the City of Norfolk was actually or constructively aware of the constitutional violations of the individuals issuing and enforcing the permits.

A municipality cannot be held liable under § 1983 on a respondeat superior theory.

Loch v. City of Litchfield · filed 2012-08-27

It is well- established, however, that a municipality cannot be held liable under § 1983 on a respondeat superior theory.

Section 1983 requires a plaintiff seeking to hold a city liable for police seizures to allege a municipal policy.

Conroy v. City of Chicago · filed 2012-08-28

And Conroy does not allege that seizing and keeping lawfully possessed property is police policy, so the City is not the appropriate defendant either.

Section 1983 requires a plaintiff suing the District of Columbia to allege a violation of the Constitution or federal law caused by a District policy or custom.

Sheller-Paire v. Gray · filed 2012-08-29

To successfully plead a§ 1983 claim against the District, plaintiff must plead facts alleging a predicate violation of the Constitution or federal law that resulted from the District's policy or custom.

Section 1983 permits a claim against a county only when an officer violated a federal right pursuant to an official custom, policy, or practice.

Briscoe v. County of St. Louis, Missouri · filed 2012-08-29

“A claim [under § 1983] against a county is sustainable only where a constitutional violation has been committed pursuant to an official custom, policy, or practice.” ... “To establish municipal liability, [Briscoe] must first show that one of the municipality’s officers violated h[is] federal right.” ... As noted, Briscoe failed as a matter of law to establish a violation by Hollandsworth, Deen, or Webb.

Section 1983 requires proof that a municipal policy or custom caused the plaintiff’s injury before a city can be held liable.

Ruffino v. City of Hoover · filed 2012-08-29

Accordingly, the court finds that Ruffino has not submitted sufficient evidence from which a reasonable jury could find that his injuries were cause by a policy or custom of the City.

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

Turner v. City & County of San Francisco · filed 2012-08-29

However, local governments are “persons” subject to liability under 42 U.S.C. § 1983 where official policy or custom causes a constitutional tort.