42 U.S.C. § 1983

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

Loeffler v. City of Anoka · filed 2015-01-12

Because the Court concludes that Plaintiff has failed to state a claim under § 1983 for violation of her constitutional privacy rights against the Cities and its personnel, it necessarily follows that Plaintiff has failed to state a Monell claim against the Cities.

Section 1983 makes a municipality liable only when it causes the constitutional violation.

Bailey v. City of New York · filed 2015-01-15

A municipality can be found liable under section 1983 only where it causes the constitutional violation at issue.

Section 1983 does not require proof of deliberate indifference when a municipal liability claim rests on an affirmative policy or custom rather than municipal inaction.

Cole v. City of Memphis · filed 2015-01-18

The line drawn in Sixth Circuit case law is whether a plaintiff claims a constitutional violation based on a municipality’s inaction. Accordingly, the Court declines to dismiss Plaintiffs’ claims for failing to provide evidence of deliberate indifference.

Section 1983 municipal liability requires an underlying deprivation of a federal right.

Kanderskaya v. City of New York · filed 2015-01-26

However, because there is no underlying deprivation of a federal right here, there is correspondingly no Monell claim.

Section 1983 does not impose municipal liability for failure to train or supervise when the officer committed no constitutional violation.

Suchocki v. Gilchrist · filed 2015-01-26

It follows a fortiori that the District Court also correctly entered judgment for Paulsboro and its police department on the failure to train and supervise claims. A municipality cannot be liable for a constitutional transgression by its agent that never occurred.

Section 1983 requires a municipal policy to be the moving force behind a constitutional violation and to reflect deliberate indifference to constitutional rights.

Shaidnagle v. Adams County · filed 2015-01-27

Assuming arguendo that a violation of Pastor’s constitutional rights occurred, Shaid-nagle has failed to show that the policy was the moving force behind the violation. The policy required a staff sergeant to consider several relevant factors before making a determination as to whether an inmate should be placed on suicide watch. Because it includes these factors, the policy is not deliberately indifferent to the constitutional rights of inmates.

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

Remus-Milán v. Irizarry-Pagán · filed 2015-01-28

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

Section 1983 permits liability against a public transit authority when its policy or custom causes a constitutional deprivation.

Cummings v. Greater Cleveland Regional Transit Authority · filed 2015-01-29

RTA is correct that it is not necessarily liable for the alleged constitutional violations of its employees. RTA may be liable if Cummings can show an “officially executed policy, or the toleration of a custom ... [that] leads to, causes, or results in the deprivation of a constitutionally protected right.” ... Because the Court accepts the pleaded facts as true and draws inferences in her favor at this juncture, her § 1983 claims against RTA may proceed.

Section 1983 liability against a school district requires a constitutional deprivation caused by the district’s official policy or custom.

Green v. Chester Upland School District · filed 2015-01-30

Therefore, in order to state a § 1983 claim against Defendant, Plaintiff must allege facts to demonstrate: (1) the deprivation of a constitutional right; and (2) that such deprivation arose out of an official policy or custom of Defendant.

Section 1983 permits municipal liability only when an unconstitutional municipal policy or custom causes the plaintiff’s constitutional deprivation.

Custinger v. City of Derby · filed 2015-02-04

Rather, a municipality can only be liable under § 1983 if its unconstitutional policy or custom caused the plaintiff’s constitutional deprivation.

Section 1983 municipal liability requires evidence that the alleged acts were committed pursuant to an official policy or custom.

Young v. Pleasant Valley School Distric · filed 2015-02-04

Here, the Youngs did not present sufficient evidence to allow a reasonable jury to conclude that the School District’s alleged retaliatory acts were committed pursuant to an official policy or custom, as is required to establish § 1983 municipal liability.

Section 1983 requires a plaintiff seeking municipal liability to show that a municipal policy or custom caused the constitutional violation.

Lester v. City of Gilbert · filed 2015-02-04

Instead, a plaintiff seeking to establish liability by a local government defendant must show that the execution of a policy or custom of that municipality caused the violation.

Section 1983 requires a plaintiff seeking to hold a school district liable to show that an official policy caused the injury.

Frank v. Sachem School District · filed 2015-02-05

Rather, the Plaintiffs who seek to impose liability on local governments under § 1983 “must show that ‘action pursuant to official municipal policy’ caused their injury.””

Section 1983 requires a plausible allegation that a municipal custom, policy, or usage caused the deprivation of a constitutional right.

Barnes v. County of Monroe · filed 2015-02-10

In sum, Plaintiffs allegations against the County under § 1983 must be dismissed because he has failed to allege a plausible claim that the County had a custom, policy, or usage that led to the deprivation of Plaintiffs constitutional rights.

A section 1983 claim against a county must identify an unconstitutional county policy and plead facts supporting its existence.

Cooper v. County of Los Angeles CA2/2 · filed 2015-02-18

Plaintiff fails to identify any unconstitutional County practice or policy. His third amended complaint alleges that defendants “acted under color of statute, regulation, ordinance, custom, policy, practice, and/or usage of . . . County” but does not identify the offending policy. That allegation, unsupported by any facts, is a legal conclusion insufficient to state a claim under section 1983.

Section 1983 permits a claim against a county when an employee causes a constitutional injury and a county policy or custom shows deliberate indifference to the right and causes that injury.

Perry v. Pamlico County · filed 2015-02-18

As for Perry’s section 1983 claim against Pamlico County, Perry must show a genuine issue of material fact concerning whether (1) a constitutional injury occurred as a result of its employee’s conduct; (2) the county had a policy or custom that amounted to a deliberate indifference to the deprivation of Perry’s due process rights; and (3) this policy or custom caused the alleged constitutional injury.

Section 1983 permits municipal liability when a municipal policy or custom causes a constitutional violation; unsupported claims of inadequate training do not establish that liability.

Jackson ex rel. Jackson v. Suffolk County · filed 2015-02-20

The Supreme Court has explained that 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.” ... Turning to the case at bar, there is an absence of any evidence of an unconstitutional policy, practice, or custom by either municipal defendant, or a failure to supervise or train, as it relates to the issues in this-case.

Section 1983 municipal liability requires more than conclusory allegations of a policy, practice, or lack of training or supervision.

Ngemi v. County of Nassau · filed 2015-02-20

In any event, in the alternative, the Court holds that the conclusory allegations of a policy and practice, and a lack of training/supervision, are insufficient to state a plausible Monell claim.

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

Pullen v. House · filed 2015-02-20

A municipality such as the city of Madison may be held liable under § 1983 only if the municipality has a policy that causes the constitutional violation.

A municipality cannot be held liable under § 1983 for an official’s single decision without evidence that the official had final policymaking authority over that decision.

Chirdon v. Borough of Plum · filed 2015-02-20

The Chirdons adduced insufficient evidence to show that Thomas had authority to set borough policy with respect to removing the bridge. Moreover, even if the court could find Thomas had policymaking authority, no evidence in the record shows that this authority was final and unreviewable.

Section 1983 permits municipal liability when an officer’s misconduct results from municipal policy, practice, or custom.

Lawson v. Hilderbrand · filed 2015-02-23

As troubling as the conduct of the police officers might be, plaintiffs here have done nothing to show that the officers’ alleged misconduct was a result of any municipal policy or custom. The Town has established that none of the defendant officers were in policymaking roles.

Section 1983 requires a municipal policy or custom for a claim against a city; a single incident of misconduct is insufficient to establish one.

Bouet v. City of New York · filed 2015-02-24

The single incident of objectionable conduct committed by the City as alleged by plaintiff is insufficient to establish the existence of policy or custom for section 1983 purposes (see Dillon v Perales, 181 AD2d 619 [1st Dept 1992], appeal dismissed 80 NY2d 892 [1992]).

Section 1983 requires an injury caused by a municipality’s policy or custom to hold the municipality liable.

Wood v. City of Alamogordo · filed 2015-02-24

Wood has not alleged an injury that resulted from the City’s policy or custom.

Section 1983 official-capacity claims against a municipality require evidence that an unconstitutional policy or custom was involved in the alleged violation.

Mortensbak v. Butler · filed 2015-02-24

Even if this incident were to rise to the level of excessive force, Mortensbak has presented no evidence that this was anything more than a one-time incident or that it was carried out in accordance with an unconstitutional custom or policy of the Sioux Falls Police Department. Therefore, his claim against the City of Sioux Falls, through the officers in their official capacities, cannot survive the motion for summary judgment.

Section 1983 permits municipal liability for policies or customs that violate constitutional rights, but not vicarious liability for employees’ actions.

Frary v. County of Marin · filed 2015-02-25

While municipalities cannot be held vicariously liable under Section 1983 for their employees’ actions, municipalities can be liable for policies, customs, practices, and or procedures that violate constitutionally protected rights.

Section 1983 permits liability against a governmental entity only when the entity itself causes the injury through an unconstitutional policy or practice.

Harding v. City & County of San Francisco · filed 2015-02-26

While section 1983 grants a limited cause of action against a governmental entity, it does so only in circumstances where the governing body itself caused the injury by adopting an unconstitutional policy or practice.

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

Newton v. City of New York · filed 2015-02-26

To impose liability on a municipality under § 1983, a plaintiff must “identify a municipal ‘policy’ or ‘custom’ that caused the plaintiffs injury.”

Section 1983 permits municipal liability for actions taken by an official who is the municipality’s final policymaker.

Seifert v. Unified Government · filed 2015-02-27

Here, it appears that the actions of Sheriff Ash, in his position as the final policymaker for the Wyandotte County Sheriff’s Department, represent the official policy of the Unified Government and subject it to potential liability.

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

Pollard v. City of Columbus, Ohio · filed 2015-03-05

The deprivation of a constitutional right is a prerequisite to municipal liability under § 1983.

Section 1983 generally does not allow a constitutional claim against a governmental body when no individual employee violated the plaintiff’s constitutional rights.

Eastman v. Lackawanna County · filed 2015-03-06

The court’s disposition of these claims also moots the plaintiffs claim against the county and his claim for punitive damages. See City of Los Angeles v. Heller, 475 U.S. 796, 799, 106 S.Ct. 1571, 89 L.Ed.2d 806 (1986) (explaining that a constitutional claim under 42 U.S.C. § 1983 can generally not lie against a governmental body unless an individual employee has violated a plaintiffs constitutional rights).

A school district’s board does not ratify an employee’s action for § 1983 liability when the complaint does not plausibly allege that the board knew of that action.

Gonzalez v. Harlingen Consolidated Independent School District · filed 2015-03-07

Gonzalez’s amended complaint does not state a claim that the District’s Board adopted the take-down directive or Gonzalez’s suspension as District policy through ratification.

Section 1983 does not make a municipality liable merely for employing an officer who allegedly violated federal rights; the plaintiff must plausibly allege municipal liability.

Sweat v. Butler · filed 2015-03-09

A municipality will not be liable, however, simply because it employs the alleged unlawful actor. ... The claims against Crump are DISMISSED WITH PREJUDICE because Plaintiffs have failed to sufficiently plead Monell liability.

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

Aly v. City of Lake Jackson · filed 2015-03-13

Furthermore, the record was wholly bereft of any evidence supporting a causal connection between municipal policy and a constitutional violation, i.e. evidence of a policymaker, or policy or custom, or the latter’s role as a moving force behind a constitutional violation.

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

Kenley v. District of Columbia · filed 2015-03-13

To state a Section 1983 claim against a municipality, a plaintiff must therefore allege that it maintained a policy or custom that caused the violation of his or her constitutional rights.

Section 1983 does not allow a municipality to be held vicariously liable for its employees’ misconduct.

Glover v. District of Columbia · filed 2015-03-16

But a municipality cannot be held vicariously liable under section 1983.

Section 1983 permits municipal liability for constitutional violations only when municipal action with the required culpability directly causes the deprivation, and it does not allow respondeat superior liability.

Estrada ex rel. Estate of Estrada v. Cook · filed 2015-03-16

Although municipal liability for constitutional violations may exist under § 1983, it may not be premised on a theory of respondeat superior. Dodds v. Richardson, 614 F.3d 1185, 1197 (10th Cir.2010) (quotation omitted).

Section 1983 allows claims against local governments when their policies or customs cause constitutional violations.

Smith v. Peyman · filed 2015-03-18

However, local government entities, including counties, “may be held liable under § 1983 only where its policy or custom causes the constitutional violation in question.” ... Smith’s Complaint is devoid of allegations that Jackson County, its Sheriffs Department, or its Sheriff maintained policies and customs that led to the alleged constitutional deprivations. This requires dismissal of all § 1983 claims against Pey-man in his official capacity.

Section 1983 does not impose liability on a political subdivision for an employee’s acts unless the constitutional violation resulted from the entity’s policy, custom, or official action.

Benjamin v. Ward County · filed 2015-03-18

Rather, in keeping with the purposes of § 1983, the liability of a political subdivision is more limited to where the constitutional violation is the result of a policy, custom, or official action of the political subdivision.

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

Selvaggio v. Patterson · filed 2015-03-20

A municipality may be held liable under 42 U.S.C. § 1983 only if the constitutional violation at issue results from the municipality’s official policy.

Section 1983 permits municipal liability when a municipality’s policies or customs cause a deprivation of federally protected rights.

Aragón v. De Baca County Sheriff's Department · filed 2015-03-23

Second, Plaintiff has not pled any facts that would suggest the existence of an unconstitutional or illegal policy within the Sheriffs Department or the county government. See Dodds v. Richardson, 614 F.3d 1185, 1202 (10th Cir.2010) (explaining that municipalities are liable under § 1983 for the conduct of their employees only “when the enforcement of [municipal] policies or customs by their employees causes a deprivation of a person’s federally protected rights”); Chavez v. County of Bernalillo, 3 F.Supp.3d 936, 976 (D.N.M.2014) (“Supervisors can be held liable only for their own unconstitutional or illegal policies, and not for the employees’ tortious acts.”). Thus, there is no basis for municipal liability in this case.

Section 1983 provides a civil action for constitutional violations under color of state law, subject to immunity and municipal-liability limits.

Beg Investments, LLC v. Alberti · filed 2015-03-24

However, municipalities are not liable under § 1983 for constitutional torts committed by their employees. Municipalities are liable “only for constitutional torts arising from ‘action pursuant to official municipal policy.’” Triplett v. District of Columbia, 108 F.3d 1450, 1453 (D.C. Cir. 1997) (quoting Monell v. Dep’t Soc. Serv. ... of N.Y., 436 U.S. 658, 691 (1978)). ... And while Plaintiff’s supplemental complaint does allege that the Board members were acting “under color of state authority as members of the Alcoholic Beverage Control Board for the District of Columbia Government,” Suppl. Compl. ¶ 78, it does not allege that the May 2014 Board Order could be considered a product of the District’s policy or custom.

Section 1983 permits a person to sue for deprivation of constitutional rights caused by a municipal policy or custom.

Miller v. Office of Children, Youth and · filed 2015-03-25

“[T]o establish municipal liability under § 1983, [Miller] must show that [he was] deprived of rights, privileges, or immunities secured by the Constitution and laws, and that the deprivation of those rights was the result of an official government policy or custom.”

Section 1983 permits municipal liability for a municipality's own acts causing a deprivation of rights, but does not impose vicarious liability for employees' actions.

Moody v. City of Newport News · filed 2015-03-25

Municipalities are “persons” under Section 1983 and, therefore, “[a] municipality or other local government may be liable under [Section 1983] if the governmental body itself ‘subjects’ a person to a deprivation of rights or ‘causes’ a person ‘to be subjected’ to such deprivation.” ... However, “under § 1983 local governments are responsible only for ‘their own illegal acts.’ ” ... Municipalities are not vicariously liable under § 1983 for their employees’ actions under a theory of respondeat superior.

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

Spencer v. Pistorius · filed 2015-03-25

Although in this civil suit the defendant police officers' have not relied on the City’s policy or defended their actions as an inventory search, their choice to abandon the theory pressed by state prosecutors in the criminal case cannot defeat Spencer’s Monell claim if in fact the City’s impoundment policy was the “moving force” behind the constitutional violation.

Section 1983 requires a plaintiff seeking municipal liability to prove action under color of law, deprivation of a constitutional or statutory right, causation, damages, and an official municipal policy causing the injury.

Kucharczyk v. Westchester County · filed 2015-03-26

Thus, “to prevail on a claim against a municipality under [§ ] 1983 based on acts of a public official, a plaintiff is required to prove: (1) actions taken under color of law; (2) deprivation of a constitutional or statutory right; (3) causation; (4) damages; and (5) that an official policy of the municipality caused the constitutional injury.”

Section 1983 permits municipal liability for constitutional violations caused by an official policy or custom, but bars respondeat superior liability.

Holmes v. Slay · filed 2015-03-26

Municipalities cannot be liable under § 1983 on the basis of respondeat superior.

Section 1983 requires action under color of law and deprivation of a constitutional or federal right, and holds municipalities liable for their own unconstitutional policies or customs.

Melton v. District of Columbia · filed 2015-03-27

To state a claim under § 1983, a complaint must allege facts sufficient to show that (1) the conduct of which Plaintiff cpm-plains was committed by a person acting under color of District of Columbia law, and (2) the conduct deprived Plaintiff of protected rights under the United States Constitution or federal law. ... The District of Columbia can be held liable under § 1983 only if it “is itself responsible for an unconstitutional deprivation of rights.”

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

Massey v. Gray · filed 2015-03-27

A municipality such as the District of Columbia may be held liable under § 1983 only if a municipal policy, practice or custom caused the alleged constitutional violation.

Section 1983 permits municipal liability for constitutional violations caused by a final policymaker, while qualified immunity can protect an individual defendant.

Meagher v. Andover School Committee · filed 2015-03-31

In accordance with this Memorandum of Decision, this court holds that the plaintiffs motion for summary judgment on her claims against the Andover School Committee and the Andover School Department under 42 U.S.C. § 1983 (Count I) is allowed. ... In accordance with this Memorandum of Decision, this court holds that Mar-inel McGrath is entitled to qualified immunity with respect to Meagher’s claim under 42 U.S.C. § 1983 (Count I).

Section 1983 requires a municipal policy or custom that plausibly caused the constitutional injury.

Green v. City of Mount Vernon · filed 2015-03-31

To be blunt, these allegations fall far short of what is needed to plausibly plead a Monell claim. ... Therefore, the Court grants Defendants’ Motion To Dismiss all § 1983 claims against Mount Vernon.

Section 1983 permits municipal liability when a constitutional violation results from a municipality’s custom, practice, or policy, but does not impose liability through respondeat superior.

Greenaway v. County of Nassau · filed 2015-03-31

Nassau can only be held liable for its police officers’ actions under 42 U.S.C. § 1983 if those actions result from Nassau’s custom, practice or policy; re-spondeat superior or vicarious liability does nqt attach to § 1983 claims.

Section 1983 requires an underlying constitutional violation caused by a municipality's policymaker, official policy, or custom for municipal liability.

Salazar-Limon v. City of Houston · filed 2015-03-31

Municipal liability requires proof of an underlying claim of a violation of rights and three additional elements: “a policymaker; an official policy; and a violation of constitutional rights whose ‘moving force’ is the policy or custom.” ... The constitutional violation of a municipal official is a prerequisite to municipal liability. ... The summary judgment evidence shows that Thompson had an objectively reasonable basis for the force he used. The plaintiffs have not raised a factual dispute material to determining whether Salazar’s constitutional rights were violated. Without an underlying violation, the § 1983 claims against the'municipality fail.

Section 1983 permits municipal liability when an official is the final policymaker for a particular department or agency.

Sanders v. District of Columbia · filed 2015-04-07

Case law uniformly indicates the opposite — an official need only be the final policymaker as to a subject matter for a particular department or agency.

Section 1983 requires a plaintiff seeking municipal liability to show a policy or custom that caused a constitutional deprivation.

Trask v. Ketchikan Gateway Borough · filed 2015-04-01

In summary, Trask’s brief does not adequately argue that the Borough sign ordinance was unconstitutional. And Trask has not asserted a claim that the Borough attorney made a separate policy decision that infringed her right to free speech, either in the superior court or in this appeal. We must affirm the superior court because Trask has not shown any grounds to impose liability under § 1983.

Section 1983 requires a municipality's policy or custom to cause the constitutional or statutory violation for municipal liability.

Bradley v. Dc Public Schools · filed 2015-04-03

A plaintiff can show that a municipality’s policy or custom caused a constitutional or statutory violation in one of three ways: (1) the municipality “explicitly adopted the policy that was ‘the moving force of the constitutional violation,’” Warren v. District of Columbia, 353 F.3d 36, 39 (D.C. Cir. 2004) (quoting Monell, 436 U.S. at 694 and citing City of St. Louis v. Praprotnik, 485 U.S. 112, 123-30 (1988)); (2) a policymaker “knowingly ignore[d] a practice that was consistent enough to constitute custom,” id. (citing Praprotnik, 485 U.S. at 130); or (3) the municipality neglected to respond “to a need . . . in such a manner as to show deliberate indifference to the risk that not addressing the need will result in constitutional violations,” id. (quoting Baker, 326 F.3d at 1306) (internal quotation marks omitted). ... Plaintiff’s section 1983 claim against DCPS therefore must be dismissed.

Section 1983 permits claims against municipalities only when a constitutional or statutory violation was caused by a municipal policy or custom.

Miner v. District of Columbia · filed 2015-04-09

Thus, the plaintiffs’ policymaker theory must fail and summary judgment must be granted to the District of Columbia on the plaintiffs’ claims under Section 1983, since the plaintiff has failed to satisfy Monell’s requirement by identifying a policy or custom that caused the plaintiffs’ alleged injuries.

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

Castellani v. City of Atlantic City · filed 2015-04-09

“[I]n order to prove municipal liability under § 1983, a plaintiff must prove that the alleged constitutional violation resulted from an official policy or an unofficial custom.” ... Consequently, the Court finds that as the witnesses and complainants possess information regarding the adequacy, or inadequacy, of Defendant Atlantic City’s internal affairs process, the names and addresses are relevant to Plaintiffs Monell claim and are therefore discoverable.

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

Estate of Barnwell ex rel. Barnwell v. Roane County · filed 2015-04-09

Section 1983 does not allow plaintiffs to sue a local government under the theory of respondeat superior. ... Under Monell, the local government cannot be found liable unless the plaintiff can establish that an officially executed policy or the toleration of a custom leads to, causes, or results in the deprivation of a constitutionally protected right. ... There is a genuine issue of material fact relating to Roane County’s alleged policy of paralyzing troublesome patients.

Section 1983 permits municipal liability for constitutional violations resulting from an official policy or custom.

King v. Philadelphia Parking Authority · filed 2015-04-10

Applying this legal framework to Plaintiffs constitutional claims under § 1983, the Court holds that although the City may be held liable for any of the claims, the PPA may be held liable only for the ticketing enforcement claim.

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

Moroughan v. County of Suffolk · filed 2015-04-10

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.” Monell, 436 U.S. at 694-95, 98 S.Ct. 2018; Patterson v. Cnty. of Oneida, N.Y., 375 F.3d 206, 226 (2d Cir.2004) (citing Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701, 733-36, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989) and Monell, 436 U.S. at 692-94, 98 S.Ct. 2018). To prove a Monell claim, a plaintiff must show: “(1) an official policy or custom that (2) causes the plaintiff to be subjected to (3) a denial of a constitutional right.” Torraco v. Port Auth. of N.Y. & N.J., 615 F.3d 129, 140 (2d Cir.2010) (citations omitted).

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

Lizzie Young v. City of Houston · filed 2015-04-13

This respondeat superior claim is not cognizable under § 1983.

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

Tammy Cooper v. City of La Porte Police Dept, et a · filed 2015-04-14

Municipalities are not liable under § 1983 for a constitutional violation of an employee unless it is the direct result of a municipal custom or policy.

Section 1983 permits municipal liability when a constitutional violation is caused by a municipal policy, practice, custom, or policymaker's order.

Johnson v. City of Vallejo · filed 2015-04-14

To create municipal liability under § 1983, the constitutional violation must be caused by “a policy, practice, or custom of the entity,” Dougherty v. City of Covina, 654 F.3d 892, 900 (9th Cir.2011), or be the result of an order by a policy-making officer, see Gibson v. County of Washoe, 290 F.3d 1175, 1186 (9th Cir.2002).

Section 1983 claims in New Hampshire have a three-year limitations period, and municipal liability requires a municipal policy or practice that directly caused the constitutional violation.

Levine v. Pelham · filed 2015-04-15

Claims brought under § 1983 are governed by the appropriate state law governing limitations periods. ... For § 1983 claims brought in New Hampshire, the applicable statute of limitations is three years, as provided by RSA 508:4. ... The town cannot be vicariously liable under § 1983 for actions taken by its police officers. ... When a plaintiff brings a § 1983 claim against a town, he must allege that “the municipality itself cause[d] the constitutional violation at issue.”

Section 1983 permits municipal liability for constitutional violations only when the plaintiff establishes the underlying individual liability under Monell.

Wright v. City of Syracuse · filed 2015-04-16

Finally, we affirm the District Court’s dismissal of Wright’s Section 1983 claims brought against the City, pursuant to Monell v. Department of Social Services., 436 U.S. 658 (1978). Because Wright failed to establish individual liability on his claims of discrimination, retaliation, hostile work environment, and deprivation of due process, his claim of liability against the City for these purported violations fails as a matter of law.

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

Vargas v. City of Philadelphia · filed 2015-04-17

In Monell, the Supreme Court held that a municipality can be found liable under § 1983 only when the municipality itself causes the constitutional violation at issue. City of Canton, Ohio v. Harris, 489 U.S. 378, 385 (1989). In order to impose liability on a local governmental entity for failing to preserve constitutional rights, a plaintiff bringing a § 1983 claim must establish that: (1) she possessed a constitutional right of which she was deprived; (2) the municipality had a policy; (3) the policy “amount[ed] to deliberate indifference” to the plaintiff’s constitutional right; and (4) the policy was the “moving force behind the constitutional violation.” Id. at 389-91 (internal quotation marks omitted).

Section 1983 requires a plaintiff seeking damages from a local government for a constitutional injury to show that a government policy or custom caused the injury.

Olson v. Johanna Smith · filed 2015-04-17

For his Eighth Amendment denial of adequate medical care claim, Olson failed to raise a genuine dispute of material fact as to whether any Corizdn defendant, including Linda Gehrke and Physician’s Assistant Michael Takagi, acted with deliberate indifference to his serious medical needs, see Farmer, 511 U.S. at 837, 114 S.Ct. 1970, or that he sustained any injuries as the result of a policy or custom maintained by these de fendants, see Monell v. Dep’t of Soc. Servs. of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).

Section 1983 permits municipal liability when an official policy is unconstitutionally applied by an employee.

Burge ex rel. Burge v. Colton School District 53 · filed 2015-04-17

Upon review, I agree with Judge Stewart’s recommendations, and I ADOPT the F & R as my own opinion. ... However, “Monell requires only that the official policy cause the constitutional violation, not that the policy itself be unconstitutional.” ... In other words, even if the policy is constitutional, a municipal entity may be held liable for its unconstitutional application by its employee. Granting discretion to the employee does not automatically immunize the municipal entity from a § 1983 claim. ... Therefore, CSD’s motion for summary judgment based on Monell should be denied.

Section 1983 permits civil damages claims for constitutional violations while limiting municipal liability to injuries caused by an identifiable municipal policy or custom.

Altizer v. Town of Cedar Bluff · filed 2015-04-17

Additionally, the Town cannot be held liable for McGlothlin’s decision to terminate Mrs. Altizer, because her alleged injury was not “caused by an identifiable municipal policy or custom.”

Section 1983 permits municipal liability when an official policy or custom causes a constitutional deprivation and the required elements are shown.

Mathews v. Bowie County, Texas · filed 2015-04-22

A governmental entity or municipality may be held liable under § 1983 only if official policy or custom caused the deprivation of a constitutional right. ... The plaintiff must prove that the policy or custom in question was adopted with “deliberate indifference” and that there was “a direct causal link between the municipal action and the deprivation of federal rights.” ... Thus, the plaintiff must prove (1) the existence of a policymaker; (2) the existence of a policy or custom; and (3) a violation of his constitutional rights ... that resulted from the policy or custom. ... Mathews failed to state a claim under § 1983 against any of the named defendants. ... Thus, the district court properly dismissed his § 1983 claim against the named defendants.

Section 1983 permits a plaintiff to seek damages from a municipality when its policy or custom causes a constitutional violation.

Coleman v. Hamilton County · filed 2015-04-22

It is well settled that municipalities and other local governing bodies may be sued under § 1983. ... In order to establish municipal liability under § 1983, however, “the plaintiff must establish that: (1) the plaintiffs harm was caused by a constitutional violation; and (2) the [municipality] was responsible for that violation.” ... To demonstrate that a municipality is responsible for a constitutional violation, a plaintiff must point to some “policy” or “custom” of the municipal defendant causing the complained-of constitutional violation. ... The Court thus finds that genuine issues of material fact remain as to the precise events, that transpired at the July 12, 2012 County, Commission meeting, and that factual and legal issues remain as to whether Henry and the other Commissioners were final policymakers for the purpose of supporting a § 1983 action against the County. - Accordingly, Defendant’s Motion for Summary Judgment will be DENIED with respect to Plaintiff Coleman’s Fourth Amendment seizure claim.

Section 1983 permits municipal liability only when a plaintiff’s civil rights were violated as a direct result of the municipality’s policy or custom.

Castelvetere v. Messer · filed 2015-04-28

A municipality, as opposed to an individual government official, can be liable under § 1983 “only if the plaintiff can demonstrate that his civil rights have been violated as a direct result of that municipality’s policy or custom.”

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

Johnson v. Beach Park School Dist. · filed 2015-04-28

As a municipal entity, Beach Park cannot be held liable for the conduct of its employees under a theory of respon-deat superior. Monell v. Dep’t of Social Servs. of the City of New York, 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Rather, to hold a municipality liable for the discriminatory conduct of its employees, a “plaintiff must demonstrate that the entity acted pursuant to a policy or custom.” DelGadillo v. Town of Cicero, No. 11 C 7342, 2015 WL 1502410, at *6 (N.D.Ill. Mar. 27, 2015) (citing Connick v. Thompson, 563 U.S. 51, 131 S.Ct. 1350, 1359-60, 179 L.Ed.2d 417 (2011)).

Section 1983 permits municipal liability when an official municipal policy causes a constitutional violation, but it does not impose respondeat superior liability.

Castro v. County of Los Angeles · filed 2015-05-01

The first point is that although § 1983 imposes liability only on “persons” who, under color of law, deprive others of their constitutional rights, the Supreme Court has construed the term “persons” to include municipalities such as the County. ... A municipality is responsible for a constitutional violation, however, only when an “action [taken] pursuant to [an] official municipal policy of some nature” caused the violation. ... This means that a municipality is not liable under § 1983 based on the common-law tort theory of respondeat superior.

Section 1983 requires personal involvement for individual liability and permits municipal liability for an official policy or a deliberately indifferent failure to train.

Cowles v. City of Elizabeth · filed 2015-05-04

We have consistently held that “[a] defendant in a civil rights action must have personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior.” ... Therefore, the District Court correctly granted judgment as to Simon. ... “Only where a municipality’s failure to train its employees 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.” ... Accordingly, the City of Elizabeth was entitled to judgment as a matter of law.

Section 1983 makes an entity liable only for its own illegal acts, requiring a policy or custom that caused the constitutional deprivation.

Goines v. Valley Community Services Board · filed 2015-05-04

Monell held that an entity is liable under § 1983 “only for its own illegal acts” and’ not under a theory of respondeat superior.

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

Liverman v. City of Petersburg · filed 2015-05-06

A plaintiff suing a municipal entity under 42 U.S.C. § 1983 must show that his or her injury was caused by municipal policy or custom. ... Therefore, no municipal liability attaches to the City.

Section 1983 permits suit against a local government only when its official policy, practice, or custom causes the constitutional injury.

T.R. v. Havens · filed 2015-05-07

A “local government may be sued under § 1983 only for acts implementing an official policy, practice or custom.”

Section 1983 requires a plaintiff alleging municipal liability to identify the responsible policymakers and their specific actions establishing a direct causal link to the constitutional deprivation.

London v. Beaty · filed 2015-05-18

To make out his fourth amendment claim against the City, London must, inter alia, show a direct causal link between the City and the constitutional violation. ... At a minimum, London’s complaint must identify these policy-makers- and the specific actions they took that resulted in the deprivation of his fourth amendment rights. This he has wholly failed to do.

Section 1983 permits a city to be liable only when an underlying constitutional deprivation results from a municipal custom or policy.

Johnson v. Celester · filed 2015-05-22

A city may be liable under 42 Ú.S.C. § 1983 only if there was an underlying constitutional deprivation, and that deprivation resulted from a municipal custom or policy. ... Both prongs must be satisfied in order to succeed on a section 1983 action against a municipality.

Section 1983 does not impose municipal liability unless a deliberate policy, custom, or practice was the moving force behind a constitutional violation.

Portnoy v. City of Woodland · filed 2015-05-27

The district court properly granted summary judgment on Portnoy’s claims as to the City of Woodland because Portnoy failed to demonstrate that the government had a deliberate policy, custom, or practice that was the moving force behind any alleged constitutional violation.

Section 1983 permits suits against municipalities for constitutional violations caused by their policies or customs.

White v. City of Birmingham · filed 2015-05-27

Thus, “to impose § 1983 liability on a municipality, a plaintiff must show: (1) that [his or her] constitutional rights were violated; (2) that the municipality had a custom or policy that constituted deliberate indifference to that constitutional right; and (3) that the policy or custom caused the violation.” McDowell v. Brown, 392 F.3d 1283, 1289 (11th Cir.2004). ... In summary, White and Williams have failed to present evidence that the City had a policy or custom that allowed or condoned excessive force that constituted deliberate indifference to White and Williams’ constitutional rights. Thus, White and Williams’ § 1983 official capacity claims against the City fail.

Section 1983 permits municipal liability when a policy or custom, including deliberate indifference or failure to train, causes a constitutional violation.

Smart v. City of Miami · filed 2015-05-27

Plaintiff has sufficiently shown a dispute as to facts which, if proven, could show that the City had a custom of allowing the First 48 to violate suspects’ Fourth Amendment constitutional rights to be free from unreasonable searches and seizures, and/or that the City failed to properly train its police officers so that their participation on the television program would not result in Fourth Amendment constitutional violations of those suspects featured on the show.

A municipality is liable under § 1983 only when a municipal policy or custom causes the alleged injury; inadequate training requires deliberate indifference.

Gustafson v. Village of Fairport · filed 2015-05-29

In order to maintain a § 1983 action against a municipal defendant, a plaintiff must identify a municipal policy or custom from which the alleged injury arose. ... Plaintiff cannot establish a pattern of constitutional violations by untrained employees of the Village of Fairport, nor has he identified any other evidence from which a reasonable jury could find a deliberate failure to train by the Village of Fairport. Summary judgment is thus warranted on Plaintiffs federal claims against the Village of Fairport.

Section 1983 imposes liability on a city when its policy or custom causes the injury.

Ruff v. Long · filed 2015-06-01

Section 1983 liability attaches to the City only when “execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury.”

Section 1983 does not impose municipal liability for inadequate police training without an underlying constitutional violation.

Deffert v. Moe · filed 2015-06-01

Similarly, without an underlying constitutional violation, the City is not subject to suit for inadequacies in training its police officers.

Section 1983 requires a claim against a municipality to plausibly allege a policy or custom that caused the constitutional injury; conclusory allegations of inadequate training or supervision do not suffice.

Young v. District of Columbia · filed 2015-06-02

The complaint fails to identify any specific policy or custom, the enforcement of which caused the plaintiff’s injury, or any particular deficiency in training or supervision resulting in an MPD Officer allegedly shooting an unarmed man with his hands raised.

Section 1983 permits municipal liability when an unconstitutional municipal custom causes a deprivation of federal rights.

Cole v. City of Memphis · filed 2015-06-03

Accordingly, the Court finds that the Beale Street Sweep is an unconstitutional custom that satisfies the requirements for establishing municipal liability under § 1983.

A municipality can be liable under § 1983 only if an official policy or custom caused the alleged constitutional deprivation.

Aubin v. District of Columbia · filed 2015-06-04

Plaintiffs constitutional claims fail because he has not alleged that any of the misconduct took place pursuant to an official policy or custom.

Section 1983 permits municipal liability for a constitutional deprivation only when a municipal policy or custom caused it.

Aubin v. District of Columbia · filed 2015-06-05

Plaintiffs constitutional claims fail because he has not alleged that any of the misconduct took place pursuant to an official policy or custom. ... Accordingly, the claims alleging constitution violations under Section 1983 will be dismissed.

Section 1983 supervisory and municipal liability requires individual liability on an underlying substantive claim.

Schoettle v. Jefferson County · filed 2015-06-11

We have long held that neither municipal nor supervisory liability may attach in section 1983 actions unless individual liability is first found on an underlying substantive claim.

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

EH ex rel. Moore v. City of Miramar · filed 2015-06-19

In the absence of a constitutional violation by the Officers, the claims against the City must fail. Because the Officers did not violate the decedents’ constitutional rights, there is no basis for municipal liability under § 1983.

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

Culbertson v. Lykos · filed 2015-06-22

For municipal liability to arise under Section 1983 from actions by officials that caused a deprivation of the constitutional rights of others, there must be shown “a policymaker; an official policy; and a violation of constitutional rights whose ‘moving force’ is the policy or custom.”

A municipal hospital and its trustees can face § 1983 liability when the trustees affirmatively approve a recommendation affecting a physician’s staff privileges.

James Tate, Jr. v. University Medical Center · filed 2015-06-22

The district court erred in determining there could be no municipal liability against the UMC and its trustees ex officio. The trustees received a recommendation from the MEC about Dr. Tate’s membership and privileges and “affirmatively approved” it.

Section 1983 permits municipal liability for a widespread policy or custom, but isolated officer misconduct is insufficient.

Rossi v. City of Chicago · filed 2015-06-22

But a Monell claim requires more than this; the gravamen is not individual misconduct by police officers (that is covered elsewhere under § 1983), but a widespread practice that permeates a critical mass of an institutional body.

Section 1983 requires a plaintiff suing a municipality to allege facts supporting a municipal policy or custom that caused the asserted violation.

Art and Drama Therapy Institute, Inc. v. District of Columbia · filed 2015-06-23

As a result, a plaintiff suing a municipality under section 1983 must allege not only a violation of her rights under the Constitution or federal law, but also that the municipality’s custom or policy caused the violation. ... However, assuming arguendo that Plaintiffs did suffer a constitutional injury, they have failed to identify a District of Columbia “policy or custom” which caused that injury.

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

MacFarlane v. Town of East Bridgewater · filed 2015-06-23

As described above, those facts fail to show that Detective Grillo or any of the other police defendants deprived the plaintiffs of their constitutional rights when they took steps to investigate and enforce the Town’s pool fencing by-law. As a result, the plaintiffs’ Section 1983 claim against the Town must fail as well.

Section 1983 does not impose liability on a municipality solely because it employs someone who violated a constitutional right.

Bush v. Department of Human Services · filed 2015-06-24

A municipality or other local governing body cannot be held liable pursuant to a theory of respondeat superior in an action under § 1983.

Section 1983 does not make a sheriff liable for an officer’s constitutional violation based solely on a single failure to investigate it.

Salvato Ex Rel. Estate of Salvato v. Miley · filed 2015-06-25

Because we hold that the sheriff cannot be held liable under section 1983 for a single failure to investigate a constitutional violation, we need not reach the sheriff’s alternative arguments.

Section 1983 requires evidence that officers’ excessive force resulted from an official municipal policy or the municipality’s deliberate indifference to hold the municipality liable.

Jones v. City of Oakland · filed 2015-06-25

The district court did not err when it granted judgment as a matter of law to the City on Jones’s claims under 42 U.S.C. § 1983. As explained above, exhibits 13 and 16 were properly excluded, and Jones points to no other evidence in the record that shows that any excessive force by Officers Omar Daza-Quiroz and Eriberto Perez-Angeles resulted from an official municipal policy or deliberate indifference by the City.

Section 1983 makes a municipality liable when its official policy or custom causes a constitutional violation, but not solely because it employed the person who committed the violation.

Hall v. Robinson · filed 2015-06-29

A municipality may not be held liable under § 1983 on a theory of respondeat superior. ... In other words, a municipality may be held liable under § 1983 when the municipality actually causes a constitutional violation through execution of an official policy or custom.

Section 1983 requires a plaintiff seeking to hold a school district liable to allege an official policy that caused the constitutional injury.

J.L. v. Eastern Suffolk Boces · filed 2015-06-29

As the complaint fails to allege that the District had an official municipal policy that caused the Plaintiffs’ alleged constitutional injuries, the Court grants the District’s motion to dismiss the 42 U.S.C. § 1983 claim against it.

Section 1983 permits municipal liability when an official policy or custom causes a constitutional violation, but does not permit liability solely because the municipality employed the person who committed it.

Hall v. Robinson · filed 2015-06-30

A municipality may not be held liable under § 1983 on a theory of respondeat superior. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694 (1978). A municipality may be held liable under §1983 if the plaintiff evinces a constitutional tort caused by action taken “pursuant to official municipal policy.” Id. at 691.

Section 1983 permits liability against a governmental entity when enforcement of its express policy violates constitutional rights.

Koger v. Dart · filed 2015-07-06

A governmental entity “may be found liable under § 1983 when it violates constitutional rights via ... the enforcement' of an express policy ____” Wragg v. Vill. of Thornton, 604 F.3d 464, 467 (7th Cir.2010).

A § 1983 conspiracy claim against a municipality requires an underlying municipal policy or custom.

Weiland v. Palm Beach County Sheriff's Office · filed 2015-07-08

While this Court has never had occasion to hold that a conspiracy claim against a municipality must include the existence of a policy or custom underlying the conspiracy, that has to be so.

Section 1983 requires a plaintiff seeking to hold the District of Columbia liable to allege that a municipal policy or custom caused the violation of federal rights.

Jordan v. District of Columbia · filed 2015-07-09

Nor does plaintiff allege facts to support a claim that the police officers violated his constitutional rights by taking actions pursuant to a municipal policy, custom or practice. On the facts alleged, the Court concludes that the complaint fails to state a claim for municipal liability under § 1983.

A city is not vicariously liable under § 1983 for its officers’ conduct; a plaintiff must plead facts identifying a municipal policy or custom that caused the injury.

Reed v. City of Texas · filed 2015-07-10

Defendant argues that Plaintiffs Complaint must be dismissed because Texas City cannot be held vicariously liable for the constitutional violations of its officers or employees and Plaintiff has failed to identify any specific policy or custom that led to his injury. The Court agrees.

Section 1983 permits a claim against an entity equivalent to a municipality when the alleged constitutional deprivation results from its policy, custom, or practice.

Wilkinson v. Secretary, Florida Department of Corrections · filed 2015-07-15

Even if each isolated incident of which Mr. Wilkinson complained would have been insufficient by itself to indicate a policy or practice that could give rise to § 1983 liability, combined and read with a liberal construction, Mr. Wilkinson’s allegations that GEO administration repeatedly refused to permit him to celebrate holy days that were part of his religious exercise were sufficient to withstand dismissal under § 1915.

Section 1983 permits evidence of prior excessive force complaints and a failure to discipline to support a claim that a municipality knew of and tolerated officer misconduct.

Velazquez v. City of Long Beach · filed 2015-07-15

As in Beck, a jury might have been able reasonably to infer from prior complaints that the Long Beach Police Department was aware that Abuhadwan had previously used excessive force when making arrests, but had taken no steps to curb his propensity. By precluding any reference to such evidence, the district court prevented Velazquez from even attempting to make such a showing. We thus hold the district court’s categorical exclusion of evidence relevant to establishing Velazquez’s theory of municipal liability an abuse of discretion.

Section 1983 claims against a municipality or supervisor require facts supporting the alleged policy or supervisory involvement; conclusory allegations alone are insufficient.

Williams v. Bisceglia · filed 2015-07-21

In this case, Plaintiff has not pled any supporting facts which would support his bare, conclusory allegations against the City and Chief Gemme.

For a § 1983 claim based on inadequate training or supervision, county and official-capacity liability requires evidence of an official policy or pattern or practice.

Jones v. Faulkner County · filed 2015-07-22

The claims against Faulkner County, and against defendants in their official capacities, also fail because nothing in the record shows that there existed an official county policy, or a pattern or practice, demonstrating inadequate training or supervision.

Section 1983 does not make a municipality liable solely for its employees’ acts; the alleged unconstitutional action must result from a municipal policy or custom.

Combs v. City of New York · filed 2015-07-22

However, a municipality “cannot be held liable pursuant to 42 USC § 1983 based solely upon the doctrine of respondeat superior or vicarious liability” (Lopez v Shaughnessy, 260 AD2d 551, 552 [1999]; see Hudson Val. Mar., Inc. v Town of Cortlandt, 79 AD3d at 703). Here, in opposition to the defendants’ prima facie showing, the plaintiff failed to raise a triable issue of fact as to whether the alleged unconstitutional actions resulted from a policy, regulation, or custom of the City or the NYPD (see Hudson Val. Mar., Inc. v Town of Cortlandt, 79 AD3d at 704).

Section 1983 makes a municipality liable for its employees’ constitutional violations only when a municipal policy or custom causes the injury.

Bynum v. Trustees of the University · filed 2015-07-23

A municipality is liable for its employees’ violations of Section 1983 only where the “execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury.”

Section 1983 holds a municipality liable for a federal rights violation caused by its policy or custom.

Gradisher v. City of Akron · filed 2015-07-24

“To prevail in a § 1983 suit against a municipality, a plaintiff must show that the alleged federal right violation occurred because of a municipal policy or custom.” ... But because we reverse the district court’s grant of summary judgment to Craft on the excessive-force claim, we also reverse the district court’s grant of summary judgment to the City of Akron on the companion municipal-liability claim and remand for the district court to determine in the first instance whether summary judgment should be granted to either party; we affirm the district court’s ruling on municipal liability in all other respects.

Section 1983 requires evidence of inadequate municipal hiring, supervision, or training procedures to hold a city liable on that basis.

Campbell v. City of Indianola · filed 2015-07-24

In response, Plaintiffs have not introduced any evidence which would tend to show that the City’s hiring, supervising, dr training procedures were (or are) inadequate under § 1983. ... Accordingly, summary judgment will be granted - on the § 1983 claims brought against the City.

Section 1983 permits a claim against a public school district when its policy or custom causes an employee to violate someone’s constitutional rights.

Estate of Massey ex rel. Co-Administrators of her Estate Hodges v. City of Philadelphia · filed 2015-07-24

In light of these facts, Plaintiff has sufficiently alleged a Monell claim — the existence of a policy or custom which caused an employee to violate another person’s constitutional rights.

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

Boulton v. Swanson · filed 2015-07-29

Because Boulton pled his claim only against Genesee County, he must prove that the County ... itself was to blame, rather than its individual officials.

Section 1983 requires a plaintiff seeking to hold a city or police department liable to allege that a policy or custom caused the constitutional violation.

Turner v. City of San Diego Police Department · filed 2015-07-29

To the extent that Turner raises his claims against the City of San Diego and the San Diego Police Department, dismissal of these defendants was proper because Turner failed to allege that his constitutional rights were violated pursuant to a policy or custom of the City or the police department.

Section 1983 municipal liability requires well-pleaded facts supporting a policy or custom and a causal link to the injury.

Kingsmill v. Szewczak · filed 2015-07-30

As Kingsmill fails to allege well-pled facts in support of his Monell claim with respect to either a policy or custom and proximate cause, this claim fails.

Section 1983 requires a plaintiff seeking municipal liability to show an underlying constitutional violation caused by a municipal policy or custom.

Blakeney v. O'Donnell · filed 2015-08-03

To establish municipal, or Monell, liability under Section 1983, a plaintiff must first demonstrate an underlying constitutional violation, and second, show that the municipality’s policy or custom caused the violation.

Section 1983 requires a plaintiff seeking to hold a municipality liable to allege that its unconstitutional policy or custom caused the injury.

Hodge v. College of Southern Maryland · filed 2015-08-03

Here, Plaintiffs have not alleged that an unconstitutional policy or custom of the County Defendants resulted in Plaintiffs’ purported injuries. ... Plaintiffs’ vague allegation is insufficient to state a plausible 42 U.S.C. § 1983 claim based on municipal liability, a violation of Plaintiffs’ Fourteenth Amendment rights, or any claim for that matter, against the County Defendants.

Section 1983 can hold a county liable for a medical contractor’s policies when the county delegates final policymaking authority to the contractor.

Simmons v. Corizon Health, Inc. · filed 2015-08-04

Therefore, when the County purportedly contracted out the performance of inmate medical care, at least some of Corizon’s policies became “that of the County,” and thus potential § 1983 liability is not based on respondeat superior.

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

Savage v. City of Memphis · filed 2015-08-06

And absent an underlying constitutional violation, Plaintiffs’ Monell claims against the City necessarily fail as well.

Section 1983 requires an injury caused by a municipal policy or custom to hold a municipality liable.

Boseski v. North Arlington Municipality · filed 2015-08-07

Second, to the extent that the complaint purports to allege police harassment or the failure of certain police officers to investigate her complaints, Boseski has not alleged that her injuries were the result of a policy or custom, so as to implicate municipal liability under § 1983.

A municipality may be liable under § 1983 for a decision by an official with final policymaking authority within the municipality, even if an outside neutral can review that decision.

Milardo v. Town of Westbrook · filed 2015-08-10

Whether the Board is a policymaker for the Town depends on whether its word is final within the Town’s structure of government, not on whether a neutral decisionmaker ultimately can undo its decisions. ... Westbrook is therefore properly charged with the Board’s decision to fire Milardo.

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

Doe v. District of Columbia · filed 2015-08-11

But if the Doe children were not removed pursuant to a custom or policy of the District, then the § 1983 claim fails.

A municipality can be liable under § 1983 for failing to protect an inmate only if there is evidence that it actually knew of the substantial risk of serious harm.

Castro v. County of Los Angeles · filed 2015-08-11

Regardless of its form, however, some evidence of actual knowledge is required to find that a municipality had the requisite “consciousness of a risk” to be held deliberately indifferent.

Section 1983 requires a plaintiff seeking to hold a school board liable for sexual harassment to show that a municipal custom, policy, or practice caused the harassment.

Hill v. Madison County School Board · filed 2015-08-12

A plaintiff bringing a similar § 1983 claim must show a municipal custom, policy, or practice caused the harassment.

Section 1983 requires a plaintiff seeking municipal liability to show that a municipal policy caused a rights violation that was a known or obvious consequence of the policy.

Hill v. Dunaway · filed 2015-08-12

The Board could not have foreseen a rape-bait scheme that required an eighth-grade student to voluntarily subject herself to sexual harassment as a “known or obvious consequence” of the “catch in the act” policy or its training policies.

Section 1983 permits municipal liability for inadequate police training only when the failure amounts to deliberate indifference to the rights of people the police encounter.

Speight v. Griggs · filed 2015-08-13

Inadequate training can support § 1983 liability but “only where the failure to train amounts to deliberate indifference to the rights of persons with whom the police come into contact.” ... The plaintiffs present no convincing argument that Fulton County’s training policies are unconstitutional, and the single incident at issue here is not enough for us to find municipal liability.

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

Cano v. City of New York · filed 2015-08-13

A municipality may only be held liable under § 1983 if a plaintiff can demonstrate that a deprivation of his or her constitutional rights resulted from a municipal policy or custom.

Section 1983 requires a municipal liability claim based on a policymaker’s actions to plausibly allege final policymaking authority through delegation or ratification.

Smith v. Illinois School District U-46 · filed 2015-08-13

Smith fails to plausibly allege that Mallory or Rodriguez was a final policymaker under either the delegation or ratification theory.

Section 1983 claims against supervisors and a municipality fail when the plaintiff has established no constitutional violation by the officers directly involved.

Hart v. Mannina · filed 2015-08-17

Because the district court properly dismissed Hart’s claims against Detective Mannina and the other police offic- ers who participated directly in the investigation leading to ... Hart’s arrest, Hart’s claims against several supervisory de- fendants and against the City of Indianapolis also fail.

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

Harvey v. District of Columbia · filed 2015-08-18

To sustain a claim against a municipality under § 1983, a plaintiff must show that the policy or custom of the municipality caused a violation of the plaintiff’s constitutional rights.

Section 1983 does not allow a county to be held liable solely because it employs someone who allegedly violated a person’s rights.

John Gerholt, Sr. v. Donald Orr, Jr. · filed 2015-08-19

First, the District Court properly dismissed Gerholt’s claim against the County of Bedford, as he attempted to hold the County liable solely on a theory of respondeat superior.

A § 1983 claim against a county requires an underlying unconstitutional act.

Baynes v. Cleland · filed 2015-08-24

Without an underlying unconstitutional act, Baynes’ claim against the County under § 1983 must also fail.

Section 1983 does not impose municipal liability under Monell without an underlying constitutional violation by a municipal employee.

D. S. v. East Porter County School Corp · filed 2015-08-24

However, a municipality cannot be found liable under Monell when there is no underlying constitutional violation by a municipal employee.

Section 1983 requires a constitutional violation attributable to the municipality for municipal liability.

Corrigan v. District of Columbia · filed 2015-08-25

“To hold the District liable, the [plaintiff] must show (1) a Constitutional violation, and (2) that the District was responsible for that violation.” ... Inevitably, then, any potential § 1983 claim against the District of Columbia must fail and summary judgment must be granted to the municipal defendant.

A school district is liable under § 1983 only when an official policy or custom causes the injury; employees whose hiring recommendations can be overruled are not final policymakers.

Gerardi v. Huntington Union Free School District · filed 2015-08-25

In sum, the Court finds that the Plaintiff has failed to establish that Grackin, White, and Rispoli were acting pursuant to “pursuant to official municipal policy” when it decided not to recommend the Plaintiff for a custodial position. Therefore, the Plaintiffs claim pursuant to 42 U.S.C. § 1983 fails as a matter of law and is dismissed.

Section 1983 municipal liability requires a policy or custom that caused the alleged constitutional violation; a single incident of misconduct does not, by itself, establish a custom.

Jenkins v. Cnty. of Washington · filed 2015-08-27

In and of itself, a single incident of misconduct does not constitute a practice or custom.

Section 1983 permits county liability for a sheriff’s decisions when the sheriff is the county’s final policymaker for the conduct at issue.

Dean v. County of Gage · filed 2015-08-31

Evidence at trial supports that sheriff DeWitt created policies for the collection of evidence, investigation, and interrogation throughout the process of the case. He supervised other officers, and specifically directed, endorsed, and encouraged their activities. The district court erred in finding that sheriff DeWitt was not a final policymaker for the County and in dismissing all claims against the County.

Section 1983 permits a claim against a city when the complaint plausibly alleges that officials with final policymaking authority caused a constitutional violation.

American Humanist Ass'n v. City of Ocala · filed 2015-08-31

At this stage in the litigation then, and based upon these allegations, Plaintiffs have adequately alleged that Mayor Guinn and Chief Graham had final policymaking power with respect to the Community Prayer Vigil in order to state a plausible claim under § 1983 against the City.

Section 1983 permits municipal liability for a constitutional injury only when a municipal policy or custom caused it; respondeat superior alone is insufficient.

Patrick v. District of Columbia · filed 2015-09-04

As the Supreme Court explained in Monell, a court cannot hold a municipality liable under § 1983 on a “respondeat superior theory.” 436 U.S. at 691. Instead, a plaintiff must establish that the municipality has “a policy or custom” that caused the injury that violated his constitutional rights.

Section 1983 municipal liability requires a constitutional violation and municipal responsibility for it; when the alleged violation remains disputed, the municipal claim requires further consideration.

Lopez v. City of Cleveland · filed 2015-09-04

The district court dismissed Plaintiff’s § 1983 claim against Defendant City of Cleveland based on its conclusion that no constitutional violation occurred. Given our holding as to that issue, we also reverse the district court’s holding on municipal liability and remand for further consideration in light of these proceedings.

Section 1983 permits municipal liability when a municipal policy or custom causes a constitutional violation; a plaintiff must present evidence of that policy or custom.

Cole v. Barnes · filed 2015-09-04

Rather, a municipality may be held liable under § 1983 only where its policy or custom causes the constitutional violation in question. ... Without more, the Court concludes that Plaintiff has not submitted sufficient evidence to create a genuine issue of material fact with respect to her claims that Maury County maintained a policy or custom that resulted in the violation of Plaintiffs constitutional rights or that Maury County failed to adequately train or supervise Barnes.

Section 1983 does not make a school district liable solely because it employs the people who allegedly caused a constitutional injury.

Dorley v. South Fayette Township School District · filed 2015-09-04

However, it is well established that a School District, like a municipality, “cannot be liable solely as an employer because there' is no respondeat superior theory of municipal liability; in § 1983 actions.”

Section 1983 permits municipal liability for a constitutional violation caused by an official with final decision-making authority, even if the violation arose from a single act.

Paterek v. Village of Armada, Michigan · filed 2015-09-08

Therefore, an isolated exercise of government authority that abridges an individual’s constitutional rights can give rise to municipal liability. ... Based on these facts, the Village is liable if a jury finds in Plaintiffs’ favor.

A § 1983 claim against a municipality must allege enough facts to state a plausible claim.

McDowell v. City and County of San Francis · filed 2015-09-08

The district court properly dismissed the McDowells’ § 1983 claims against the City and County of San Francisco because the McDowells failed to allege facts sufficient to state any plausible claim.

Section 1983 municipal liability requires a policy or custom that caused the claimed constitutional violation.

State of Texas v. City of Houston · filed 2015-09-10

To properly plead a municipal liability claim, “a plaintiff must allege ‘that there was either an official policy or an unofficial custom, adopted by the municipality, that was the moving force behind the claimed constitutional violation.’”