42 U.S.C. § 1983

Section 1983 municipal liability requires an official policy, a widespread custom, or a policy or custom inferred from supervisory officials’ deliberate indifference.

Iacovangelo v. Correctional Medical Care, Inc. · filed 2015-09-14

To plead a Monell claim, a plaintiff must allege the existence of a formal policy which is officially endorsed by the municipality, or a practice so persistent and widespread that it constitutes a custom or usage of which supervisory authorities must have been aware, or that a municipal custom, policy, or usage can be inferred from evidence of deliberate indifference of supervisory officials to such abuses. ... None of the three methods of pleading a Monell claim have been met here.

Section 1983 municipal liability requires an underlying constitutional violation.

Hall v. Ramsey County · filed 2015-09-14

Because Hall failed to establish a constitutional violation, Hall’s municipal liability claim against Ramsey County also fails.

Section 1983 does not impose municipal liability for isolated acts of excessive force by employees without evidence of a municipal custom, policy, or usage.

Burwell v. Peyton · filed 2015-09-14

Because “isolated acts of excessive force by non-policymaking municipal employees are generally not sufficient to demonstrate a municipal custom, policy, or usage that would justify municipal liabilityU” Jones, 691 F.3d at 81, judgment as a matter of law in Defendants’ favor is appropriate. Defendants’ motion for summary judgment on Counts Four and Five is therefore GRANTED.

Section 1983 requires a municipal policy or custom to have caused the alleged constitutional violation; later incidents cannot establish that the practice existed when the violation occurred.

Robinson v. District of Columbia · filed 2015-09-15

Because Monell requires the municipality’s practice to have caused the violation at issue, incidents occurring after the March 6, 2009, collision cannot be used to demonstrate that such a practice was in place on that date.

Section 1983 does not impose respondeat superior liability on municipalities; a plaintiff must allege a municipal policy, custom, or practice that caused the alleged violation.

Naranjo v. City of Philadelphia · filed 2015-09-15

As to the City of Philadelphia, dismissal was proper because a municipality cannot be held liable pursuant to a respondeat superior theory under § 1983, and Naranjo failed to allege that the City had a policy, custom, or practice that led to the alleged constitutional violations.

Section 1983 does not permit municipal liability for failure to train or acquiescence in a custom without an underlying constitutional violation.

Mattern v. City of Sea Isle · filed 2015-09-15

In the absence of a constitutional violation, Sea Isle City cannot be held liable under § 1983 for failure to train or for acquiescing in an Unconstitutional custom.

A school district is liable under § 1983 only if its own official policy or custom causes the constitutional violation.

Allen v. Berlin · filed 2015-09-15

However, while plaintiffs may have adequately pleaded the violation of a constitutional right, they have not pleaded that an official policy or custom of the school district caused such violation.

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

Pollard v. Georgetown School District · filed 2015-09-17

Under 42 U.S.C. § 1983, a municipality is liable “only where that government’s policy or custom is responsible for causing the constitutional violation or injury.” ... Here, Pollard has not alleged that any retaliatory action committed by the District resulted from an official policy or custom.

Section 1983 permits municipal liability for a municipality’s own policy decisions, but an agency head’s personnel decision does not suffice without final authority to set municipal policy.

Manon v. Pons · filed 2015-09-18

The purpose of Monell liability is not to hold a municipality liable for decisions reached, by agency heads; it is to hold the municipality liable for the decisions reached by the municipality itself. Manon has not established a basis for municipal liability.

Section 1983 municipal liability requires an underlying constitutional violation.

Soto v. City of New York · filed 2015-09-18

Here, because there is no underlying constitutional violation by the Individual Defendants, the Municipal Defendants cannot be liable for a constitutional violation under Monell.

Section 1983 requires a factual link between a municipality’s policy or custom and the alleged constitutional injury.

Hampton v. Comey · filed 2015-09-21

And even if the Memorandum of Agreement might supply some evidence of municipal policy or custom prior to its execution in 2004, plaintiff fails to allege any affirmative link between that practice and the injuries he allegedly sustained in 2007. Without any such link, the Court does not find that plaintiff has stated a claim for municipal liability under Monell, and it will dismiss Count XIV.

Section 1983 permits a municipality to be sued when its policy or custom causes a constitutional injury.

Voccola v. Rooney · filed 2015-09-22

A municipality may be sued under § 1983 if its policy or custom inflicts constitutional injury.

Section 1983 does not make a municipality liable for a search merely because a senior police officer supervised it.

Vaher v. Town of Orangetown · filed 2015-09-23

Plaintiff thus cannot hold the Town liable simply because McAndrew was a high-ranking OPD official and supervised this particular search and seizure.

Section 1983 requires facts showing that a municipal policy or custom was the moving force behind the alleged constitutional violation.

Blake v. Santa Clara Department of Corr · filed 2015-09-28

The district court properly dismissed Blake’s claims against the remaining defendants because Blake failed to allege facts sufficient to show that any defendant had a policy or custom that amounted to deliberate indifference, and that the policy or custom was the moving force behind the alleged constitutional violation. See Gibson, 290 F.3d at 1185-94 (explaining municipal liability under § 1983).

Section 1983 does not impose municipal liability without an underlying constitutional violation.

Bertuglia v. City of New York · filed 2015-09-28

A municipality cannot be held liable under § 1983 in the absence of an underlying constitutional violation.

Section 1983 makes a municipality liable when its policy or custom causes an injury, but not solely because its employee inflicted it.

Holguin v. City of San Diego · filed 2015-09-28

A municipality may not be sued under § 1983 solely because an injury was inflicted by its employees or agents.

To hold a municipality or official-capacity defendant liable under § 1983 for a § 1981 violation, a plaintiff must show that the challenged acts followed a municipal policy or custom.

Hill v. City of New York · filed 2015-09-28

Because Plaintiffs have brought their § 1981 claim under § 1983, they must show that the challenged acts were performed pursuant to a municipal policy or custom in order to hold liable the City or individual Defendants in their official capacity.

Section 1983 permits a claim against a city only when its policy, practice, or custom causes a violation of constitutional rights.

Duarte v. City of Lewisville · filed 2015-09-28

Without an underlying violation of constitutional rights pursuant to a policy, practice, or custom, A. Duarte may not proceed on a § 1983 claim against the City.

Section 1983 does not make a city liable for a theater manager’s alleged discrimination when he lacks final policymaking authority and city policymakers did not ratify his decision.

Evans v. City of Talladega · filed 2015-09-28

Based on the undisputed facts in the record, the Court finds that the City is not subject to liability under section 1983 for the alleged discriminatory acts of Mr. Cul-ver or Talladega First.

Section 1983 requires a plaintiff seeking municipal liability to plausibly allege an official policy or custom; one person's injury alone does not establish a pattern or practice.

Purvis v. City of Atlanta · filed 2015-09-29

Plaintiffs allegations that he was individually wronged do not alone establish a pattern or practice on the part of the County or the City arising out of an official policy or custom so as to state a plausible claim against either Defendant.

Section 1983 permits municipal liability when a municipal policy or custom causes a federal rights violation.

Gohl ex rel. J.G. v. Livonia Public Schools · filed 2015-09-30

In order to pursue a claim for municipal liability under § 1983, a plaintiff must demonstrate that the alleged federal violation occurred because of a municipal policy or custom.

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

Beverly Hills Suites LLC v. Town of Windsor Locks · filed 2015-09-30

This is not evidence that a custom, policy, or practice of the, Town caused the alleged constitutional violations.

Section 1983 requires factual allegations supporting a municipal policy or custom to state a claim against a school district.

Masciotta v. Clarkstown Central School District · filed 2015-09-30

Put another way, mere allegations of a municipal custom, a practice of tolerating official misconduct, or inadequate training and/or supervision are insufficient to demonstrate the existence of such a custom unless supported by factual details.

Section 1983 makes a municipality liable for damages when its official policy causes a violation of constitutional rights.

Harrell v. City of New York · filed 2015-09-30

Accordingly, the City is liable under Monell for whatever damages Plaintiffs who were first time violators can prove.

Section 1983 requires a plaintiff suing a municipality to identify a municipal policy or custom that caused an underlying constitutional violation.

Montalvo v. Lamy · filed 2015-09-30

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.

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

Vanderklok v. United States · filed 2015-09-30

A municipality, however, cannot be held liable under § 1983 based solely on the conduct of its employees.

A § 1983 claim against a school district requires a policy or custom that caused the alleged constitutional violation.

L.L. v. Evesham Township Board of Education · filed 2015-09-30

Plaintiffs.also have not identified a "relevant policy or custom [which] caused the constitutional violation ... allege[d]."

Section 1983 permits municipal liability when a policy or custom causes a constitutional violation and a policymaker is deliberately indifferent to known violations.

J.W. v. Birmingham Board of Education · filed 2015-09-30

Moreover, the court finds that the use-of-force reports generated in connection with each use of Freeze + P put Chief Roper on notice of ongoing excessive use of force by S.R.O.s, and by maintaining the status quo, he expressed deliberate indifference to the constitutional rights of Birmingham City Schools students. Consequently, the court concludes that Chief Roper rendered the city of Birmingham liable to KB. and the class she represents.

Section 1983 municipal liability requires a specific constitutional violation caused by an official policy or custom.

LaFleur v. Charles McClelland, Jr. · filed 2015-10-02

In any event, he must show the violation of some specific constitutional right that resulted from the alleged illegal policy and, as we have noted, he has shown none. Monell liability simply does not apply.

Section 1983 permits municipal liability only when a government policy or custom causes a constitutional violation; without an underlying violation, there is no derivative municipal claim.

Ameika v. Moss · filed 2015-10-05

Municipal liability under § 1983 must be based on the “execution of a government’s policy or custom” that actually results in a constitutional violation. Monell v. Dep’t of Soc. Servs. of City of N.Y., 436 U.S. 658, 694 (1978). Because we conclude that plaintiffs have not alleged facts showing a constitutional “violation in the first place, there can be no derivative municipal claim.” Mulholland v. Gov’t Cnty. of Berks, Pa., 706 F.3d 227, 238 n.15 (3d Cir. 2013).

A municipality cannot be held liable under § 1983 solely for its employees’ acts; the plaintiff must show a municipal policy, regulation, custom, or practice that led to the constitutional violation.

Robert Lee, Jr. v. City of Philadelphia · filed 2015-10-05

Instead, liability may be imposed only where it can be shown that the municipality had a policy, regulation, custom, or practice that led to the constitutional violation.

Section 1983 does not make a municipality vicariously liable for its officers’ actions.

Adams v. Glaser · filed 2015-10-05

... the Court notes that a municipality cannot be held vicariously liable under Section 1983.

A municipality is liable under § 1983 only when a policy, practice, or custom causes the alleged injury; a conclusory assertion of one is insufficient.

Tripodi v. Township of North Coventry · filed 2015-10-06

We conclude, however, that such a conclusory statement fails to adequately allege that the Township has adopted and maintained a policy, custom, or practice that resulted in a violation of Tripodi’s constitutional rights.

A municipality is not vicariously liable under § 1983 for its employees’ misconduct; municipal liability requires an official policy or a persistent and widespread practice.

Williams v. City of Tulsa · filed 2015-10-07

It is well-established that a municipality is not vicariously liable under § 1983 for the misconduct of its employees, but may be held derivatively liable for such misconduct in only limited circumstances.

Municipal liability under § 1983 cannot rest on respondeat superior; the plaintiff must allege a municipal custom or policy.

Austin v. Niblick · filed 2015-10-07

First, he contends that respondeat superior is a basis for municipal liability under § 1983. But his complaint did not allege that Niblick followed a custom or policy of the Fort Wayne Police Department, and he did not obtain a judgment against the city on that (or any other) basis.

Section 1983 claims against a municipality or supervisor fail when the plaintiff has not established an underlying constitutional violation.

Shaver Ex Rel. Estate of Shaver v. Brimfield Township · filed 2015-10-08

As the Estate has failed to establish an underlying constitutional claim, its claims against Portage County, Sheriff Doak, and Lt. Johnson fail as a matter of law.

Section 1983 requires a plaintiff suing a municipality to show both a violation of a protected right and that a municipal custom or policy caused it.

Burton v. District of Columbia · filed 2015-10-09

Instead, to succeed on such a claim against a municipality, the plaintiff must show both: (1) a predicate violation of some protected right, privilege or immunity; and (2) “that the municipality’s custom or policy caused the violation.”

A municipality is liable under § 1983 for an official policy or custom only if its policymaker had actual or constructive knowledge of it.

Fennell v. Marion Independent School District · filed 2015-10-13

Regardless of its form, the policymaker must have actual or constructive knowledge of the official policy or custom.

Section 1983 permits a claim against a municipality for hiring an officer when the officer’s record made a future constitutional violation highly likely.

Weigle v. Pifer ex rel. City of Vienna Police Department · filed 2015-10-14

That is, to assert a cognizable Monell claim in this context requires the plaintiff to proffer evidence demonstrating that the government official responsible for the hiring decision should have concluded, after á review of the officer’s record at the time of hiring, that it was highly likely that hiring that person would result in a future constitutional violation. ... The City is entitled to summary judgment on Weigle’s Monell claim arising from the decision to hire either Pifer or Ingraham.

Section 1983 permits a school district to be liable when its custom of inadequate responses to racial harassment causes the harassment to continue.

Brooks v. Skinner · filed 2015-10-15

In the context of § 1983, a reasonable jury could conclude that RULH’s custom of responding inadequately to racial harassment caused that harassment to continue, such that RULH became a responsible entity under § 1983.

Section 1983 does not make a municipality liable solely for its employees’ conduct; a municipal policy or custom must cause the constitutional deprivation.

Briukhan v. City of New York · filed 2015-10-19

“Under Monell, a municipality may not be held liable under § 1983 solely on a respondeat superior theory,” and Briukhan has failed to show that any municipal policy or custom- caused him to suffer a constitutional deprivation.

Section 1983 does not impose municipal liability based on an isolated officer’s misconduct without facts supporting a city policy or custom.

Epperson v. City of Humboldt · filed 2015-10-21

To infer the existence of a city policy from the isolated misconduct of low-level officers, and then hold the city liable based on that policy, would amount to the very strict respondeat superior liability rejected by the Supreme Court in Monell and its progeny.

A municipality is not liable under § 1983 for officers’ excessive force when its written policies set lawful limits and there is no evidence of deliberate indifference in adopting them.

Holley v. Blomberg · filed 2015-10-23

There is no summary judgment evidence that the City was deliberately indifferent in the formulation and adoption of formal policies stating the lawful limits of an officer’s use of force in effecting an arrest. Indeed, the summary judgment evidence demonstrates as a matter of law that if the Offending Officers had adhered to the City’s official written policies, Holley would not have sustained a violation of his constitutional right to be free from unreasonable and excessive force.

Section 1983 municipal liability, including a claim for failure to train or supervise, requires an underlying constitutional violation by an employee or representative.

Dorsey v. Pueblo School District 60 · filed 2015-10-26

This is fatal to Plaintiffs Monell claim (including any claim for failure to train and supervise), which must be based on an underlying constitutional violation by Defendants’ representatives.

Section 1983 permits municipal liability when an authorized decisionmaker’s single unconstitutional act or decision constitutes municipal policy.

Bible Believers v. Wayne County · filed 2015-10-28

Second, a single unconstitutional act or decision, when taken by an authorized decisionmaker, may be considered a policy and thus subject a county to liability.

Section 1983 municipal liability for failure to train requires facts supporting deliberate indifference; one officer’s alleged misconduct alone is insufficient.

Blanco v. County of Kings · filed 2015-10-30

The failure to train Cosper alone is “insufficient to establish [the City’s] deliberate policy.”

Section 1983 requires a plaintiff suing a municipality to allege an official policy or custom that caused the deprivation of a constitutional right.

Raffaele v. City of New York · filed 2015-10-30

To state a claim for relief against a municipal defendant pursuant to 42 U.S.C. § 1983, a plaintiff must allege the existence of an officially adopted policy or custom that caused injury and a direct causal connection between that policy or custom and the deprivation of a constitutional right.

Municipal liability under Section 1983 requires an official policy or custom that caused a constitutional violation.

Fennell v. Marion Independent School · filed 2015-11-03

“[M]unicipal liability under Section 1983 requires proof of three elements: a policymaker; an official policy; and a violation of constitutional rights whose ‘moving force’ is the policy or custom.”

Section 1983 municipal liability requires unconstitutional conduct by a municipal employee.

Nelson v. Stuart · filed 2015-11-09

Upon careful de novo review, see Alberson v. Norris, 458 F.3d 762, 765 (8th Cir. 2006) (standard of review), we conclude that summary judgment was properly granted (1) as to defendant Dr. Loes, because the unrebutted evidence shows that he provided consistent and constitutionally adequate treatment for Nelson’s migraine headaches and deteriorating hip, see Christian v. Wagner, 623 F.3d 608, 613 (8th Cir. 2010) (pretrial detainee alleging denial of medical care must establish both that medical need was objectively serious, and that defendant actually knew of, but disregarded it); Meuir v. Green Cty. Jail Emps., 487 F.3d 1115, 1118-19 (8th Cir. 2007) (mere difference of opinion on medical treatment or matters requiring expert medical judgment not constitutional violation); and (2) as to defendant Stuart, regardless whether he was sued in both his individual and official capacities, because Nelson failed to create a triable issue on whether any county employee was deliberately indifferent to his medical needs, see Gibson v. Weber, 433 F.3d 642, 647 (8th Cir. 2006) (appellant could not show summary judgment was improper for prison administrators since he had not shown his care was constitutionally deficient); Russell v. Hennepin Cnty., 420 F.3d 841, 846 (8th Cir. 2005) (before municipality can be held liable, there must be unconstitutional conduct by municipal employee).

Section 1983 does not impose municipal liability for an isolated incident without evidence of an official policy or established custom.

Mason v. Lafayette City-Parish Consolidated Government · filed 2015-11-10

Here, the Masons have not provided evidence of problems with Lafayette’s disciplinary and investigatory procedures outside the present case. Accordingly, Lafayette and Chief Craft cannot be held liable under Monell.

Section 1983 permits municipal liability for a decision made by an official with final authority over the particular issue, even without general rulemaking authority.

Beg Investments, LLC v. Alberti · filed 2015-11-10

But that focus does not mean that a decisionmaker must always have rulemaking authority for municipal liability to lie. Such a holding would conflict with cases that have found municipal liability warranted where state law empowered a particular government official to make a particular, one-time decision, without any reference to whether those officials possessed broader rulemak-ing authority.

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

Deyo ex rel. D.N. v. Tomball Independent School District · filed 2015-11-11

Instead, “[mjunicipal liability under 42 U.S.C. § 1983 requires proof of 1) a policy maker; 2) an official policy; 3) and a violation of constitutional rights whose ‘moving force’ is the policy or custom.”

Section 1983 allows a plaintiff to sue a local government for constitutional violations carried out under an official policy or custom, while qualified immunity does not protect the municipality.

Adkins v. City of New York · filed 2015-11-15

Under Monell, “[l]o-cal governing bodies ... can be sued directly under § 1983 for monetary, declaratory, or injunctive relief 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 body’s officers.”

Section 1983 requires municipal liability to arise from a policy, practice, custom, or final policymaker's responsibility.

Heller v. Bedford Central School District · filed 2015-11-17

To prevail on a § 1983 claim against a municipality, a plaintiff must show that the alleged deprivation of a constitutional right resulted from a municipal policy, practice or custom, id. at 694, 98 S.Ct. 2018, or that a final policymaker of the municipality was personally responsible for the constitutional violation, McMillian v. Monroe Cnty., Ala., 520 U.S. 781, 784-86, 117 S.Ct. 1734, 138 L.Ed.2d 1 (1997).

Section 1983 permits municipal liability for a municipality's own federal law violations but bars liability based solely on respondeat superior.

Watts v. City of Hollywood · filed 2015-11-17

Under section 1983, a municipality cannot be held liable on a theory of respondeat superior, but it may be held liable for its own, independent violations of federal law.

Section 1983 permits a plaintiff to sue a local government when an official policy or custom causes the constitutional injury and the municipal liability requirements are met.

Evans v. Meridian Police Department · filed 2015-11-24

In Monell v. Department of Social Services of City of New York, 436 U.S. 658, 694 (1978), the Supreme Court explained that “a local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents.” It is only when the “execution of a government’s policy or custom . . . inflicts the injury that the government as an entity is responsible under § 1983.” Id. This court has previously explained that “[p]roof of municipal liability sufficient to satisfy Monell requires: (1) an official policy (or custom), of which (2) a policy maker can be charged with actual or constructive knowledge, and (3) a constitutional violation whose ‘moving force’ is that policy (or custom).” Pineda v. City of Houston, 291 F.3d 325, 328 (5th Cir. 2002).

Section 1983 allows a municipality to be liable for a constitutional tort only when an official municipal policy caused it.

Lund v. Henderson · filed 2015-11-25

In Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978), the Supreme Court stated that municipalities cannot "be held liable [under 42 U.S.C. § 1983] unless action pursuant to official municipal policy of some nature caused a constitutional tort." Id. at 691. Therefore, because the jury found that the officers had not violated Lund's rights, the municipality itself could not be liable on the civil rights claim.

Section 1983 permits damages against municipalities.

Vulcan Society of Westchester County v. Fire Department of White Plains · filed 1979-04-10

The addition of these cities is sought in light of the recent Supreme Court decision in Monell v. Dept. of Social Services of the City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), allowing the recovery of damages from municipalities in actions pursuant to 42 U.S.C. § 1983. Considered in this context, there can be no claim of bad faith or dilatory tactics and the amendment will be allowed.

Section 1983 permits municipal liability when an official municipal policy causes a constitutional tort.

Abby v. City of Detroit · filed 2003-10-29

This argument is without merit. As Plaintiffs point out, in Monell v. Dept, of Social Servs., the Supreme Court stated that “Congress did not intend municipalities to be held liable [under 42 U.S.C. § 1983] unless action pursuant to official municipal policy of some nature caused a constitutional tort.” 436 U.S. 658, 691, 98 S.Ct. 2018, 2036, 56 L.Ed.2d 611 (1978). Here, Plaintiffs have identified the common issue as the existence of the policy and allege that the arrests and detentions at issue in this case were made pursuant to Defendant’s unconstitutional policy. (First Am. Class Action Compl. at ¶ 7). Plaintiffs have established a common issue sufficient to satisfy the commonality requirement under Rule 23(a).

Section 1983 does not impose vicarious liability on municipalities, which may be liable for their policies but not operational errors.

Witcher v. City of Greenville · filed 2004-04-13

Monell v. New York City Dep’t of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), holds that § 1983 does not support vicarious liability, and that municipalities may be held to answer for their policies but not for operational errors.

Section 1983 permits claims for constitutional violations by state actors and limits municipal liability to injuries caused by the municipality’s own policy or custom.

Grove v. City of York, Penn. · filed 2004-06-09

In Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), the Supreme Court held that a municipality can be found liable under § 1983 only where the municipality itself causes the constitutional violation at issue. “It is only when the execution of the government’s policy or custom ... inflicts the injury that the municipality may be held liable under § 1983.” ... Municipal liability cannot be based on a theory of respondeat superior or any other theory of vicarious liability.

Section 1983 claims require sufficient factual allegations to establish supervisory or municipal liability.

Anderson v. City, California Department of Corrections & Rehabilitations · filed 2015-12-01

California state prisoner Dion Anderson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 claim alleging constitutional violations stemming from purportedly false charges of battery on a correctional ... officer. ... The district court properly dismissed Anderson’s claims against defendants Gibson, Cavazos and Lozano because Anderson failed to allege facts sufficient to state a plausible claim for relief. ... The district court properly dismissed Anderson’s claims against defendant King County because Anderson failed to allege facts sufficient to establish municipal liability.

Section 1983 does not impose municipal liability for an allegedly unconstitutional custom or policy when the officer caused no constitutional injury.

LaBonte v. Epsom, NH, et al. · filed 2015-12-03

Because the second amended complaint does not plausibly allege that Officer Flanders violated Field’s constitutional rights, the Town cannot be liable for having maintained an allegedly unconstitutional custom or policy regarding officer training.

Section 1983 permits a plaintiff to sue a municipality when a constitutional violation results from its custom or policy.

Stephenson v. McClelland · filed 2015-12-04

In order to bring a § 1983 claim for municipal liability, a plaintiff must allege a constitutional violation resulting from a municipal custom or policy.

Section 1983 makes a local government liable for constitutional torts caused by its policies, including policies set by officials who represent the government.

Dean v. County of Gage · filed 2015-12-07

“[A] local government is liable under § 1983 for its policies that cause constitutional torts. These policies may be set by the government’s lawmakers, ‘or by those whose edicts or acts may fairly be said to represent official policy.’” ... However, based on the McMillian factors, Sheriff DeWitt represents the county in the area of law enforcement investigations and arrests. ... It is for the jury to decide if these decisions (and others) by Sheriff DeWitt constituted Gage County policy that caused the deprivation of rights here.

Section 1983 does not impose vicarious municipal liability; a local government is liable only for acts implementing an official policy, practice or custom.

Buoniconti v. City of Philadelphia · filed 2015-12-07

“There is no respondeat superior theory of municipal liability, so a city may not be held vicariously liable under § 1983 for the actions of its agents.” Sanford v. Stiles, 456 F.3d 298, 314 (3d Cir.2006) (citing Monell, 436 U.S. at 691, 98 S.Ct. 2018). Instead, “[a] local government may be sued under § 1983 only for acts implementing an official policy, practice or custom.” Losch v. Borough of Parkesburg, Pa., 736 F.2d 903, 910 (3d Cir.1984) (citing Monell, 436 U.S. at 690-91, 98 S.Ct. 2018).

A municipality is liable under Section 1983 only when its policy or custom causes the deprivation of a federal right.

Chen v. City of New York · filed 2015-12-08

A municipality is liable under § 1983 only if its policy or custom caused the deprivation of a federal right.

Section 1983 provides a remedy for violations of rights by persons acting under color of state law and does not impose municipal liability without a policy or custom.

Rayburn v. Blue · filed 2015-12-08

Section 1983 creates no substantive rights, but merely provides remedies for deprivations of rights established elsewhere. ... “A plaintiff must allege the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law.” ... Absent either element, a § 1983 claim will not lie.

A municipality may face Section 1983 liability when inadequate police training or discipline shows deliberate indifference and causes a constitutional violation.

Coyett v. City of Philadelphia · filed 2015-12-10

The City of Philadelphia has moved from summary judgment ton plaintiff Samir Coyett’s Monell claim, and we will deny the City’s motion as the evidence of record could lead a reasonable jury to impose municipal liability on the City pursuant to Section 1983.

Section 1983 permits a claim against a school district only when its policy, custom, or practice was the moving force behind the alleged violation.

Ely v. Dearborn Heights School District No. 7 · filed 2015-12-14

Although the plaintiff has submitted sufficient evidence to proceed on her claims against the individual defendants, she has failed to put forth any evidence to suggest that any policy, custom, or practice of the schooí district — formal or otherwise: — was the moving force behind the alleged violations of her rights.

Section 1983 requires a plaintiff seeking to hold a municipal defendant liable to allege a policy or custom that caused the constitutional harm.

Wiley v. Department of Children & Family Services · filed 2015-12-15

The district court properly dismissed Wiley’s §§ 1981 and 1983 claims because Wiley failed to allege facts sufficient to show that defendant had a policy or custom that caused his alleged constitutional harms.

A claim against a municipality under Section 1983 must allege specific facts showing that a municipal policy or custom caused the constitutional violation.

Thompson v. City of New York · filed 2015-12-15

Here, plaintiff fails to plead the specific facts establishing that his arrest, assault, imprisonment, and prosecution were the result of a municipal custom or practice so as to state a cause of action pursuant to 42 USC § 1983.

Section 1983 requires a causal link between a municipality’s failure to train and the plaintiff’s constitutional injury for municipal liability.

Crews v. County of Nassau · filed 2015-12-16

A municipal entity may be held liable under Section 1983 where the plaintiff demonstrates that the constitutional violation complained of was caused by a municipal “policy or custom.”

Municipal liability under § 1983 fails when the plaintiff does not sufficiently allege a constitutional violation.

Rocha v. County of Tulare · filed 2015-12-17

Because Rocha has not sufficiently alleged a constitutional violation, his theory of municipal liability also fails.

Section 1983 claims against a city and officials in their official capacities require an allegation that a city policy or custom caused the violation of rights.

Williams v. City of St. Louis · filed 2015-12-21

We conclude that the district court properly dismissed Williams’s section 1983 claims against the city of St. Louis and the individual defendants in their official capacities because he did not allege that any city policy or custom was responsible for the violations of his rights.

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

Arnold v. City of Philadelphia · filed 2015-12-21

To establish municipal liability, a plaintiff must demonstrate that the municipality has a “policy or custom [that] caused the constitutional violation they allege.”

Section 1983 requires a plaintiff suing a municipality to show a municipal policy or custom and a direct causal link between it and the alleged injury.

Mocek v. City of Albuquerque · filed 2015-12-22

Rather, a plaintiff asserting a § 1983 claim must show “1) the existence of a municipal policy or custom and 2) a direct causal link between the policy or custom and the injury alleged.”

Section 1983 requires a plaintiff suing a municipality to plead the elements of the type of municipal policy alleged to have caused the violation.

Ayanna Blue v. District of Columbia Public · filed 2015-12-29

It therefore follows that to state a valid claim against a municipality under section 1983, a plaintiff must plead the elements of the relevant type of municipal policy.

Supervisory and municipal liability under § 1983 requires an underlying constitutional violation by a municipal employee.

Domingo v. Kowalski · filed 2016-01-07

Because we find that Kowalski’s conduct did not rise to the conscience-shocking level required of a Fourteenth Amendment substantive due process claim, there is no basis for holding her supervisors or school district liable. See McQueen v. Beecher Cmty. Schs., 433 F.3d 460, 470–71 (6th Cir. 2006) (noting that a prerequisite of supervisory and Monell liability under § 1983 is unconstitutional conduct by a municipal employee).

Section 1983 requires an official policy, practice, or custom to support municipal liability against a city.

Norton v. Rosier · filed 2016-01-07

We find no error, however, in the district court’s conclusion that Norton failed to allege an official policy, practice, or custom sufficient to state a claim against the City of Whiteville.

Section 1983 requires a municipal entity's constitutional violation to result from official action pursuant to an official municipal policy.

Schwarz Ex Rel. Parker v. Lassen County Ex Rel. Lassen County Jail · filed 2016-01-08

Schwarz also failed to provide evidence of a Lassen ... County policy, practice, or custom of delaying medical treatment to pre-trial detainees that a reasonable jury could find caused Parker substantial harm or was otherwise the “moving force” behind his death. See Monell v. Dep’t of Soc. Servs. of City of N.Y., 436 U.S. 658, 694 (1978) (requiring a plaintiff bringing a claim against a municipal entity for a constitutional violation to show that the official action that caused the plaintiff’s injury was pursuant “to official municipal policy of some nature”); Hallett v. Morgan, 296 F.3d 732, 745–46 (9th Cir. 2002) (holding that, for a prisoner to establish that a delay in medical treatment evinces deliberate indifference, the prisoner must show that the delay caused significant harm).

Section 1983 requires a municipal plaintiff to show that the alleged retaliation resulted from a city policy or custom.

Tipaldo v. Lynn · filed 2004-06-03

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered on or about May 22, 2003, which, in this “whistle-blower” action commenced by plaintiff city employee pursuant to Civil Service Law § 75-b, inter alia, denied plaintiffs motion for leave to amend his complaint to assert a cause of action pursuant to 42 USC § 1983, unanimously affirmed, without costs. In reviewing the denial of a prior similar motion to amend, we found that plaintiff had failed to make any showing that the city defendants had a policy or custom of retaliating against municipal employees for reporting perceived conduct violations by fellow employees (see Tipaldo v Lynn, 284 AD2d 142 [2001]).

Section 1983 does not make a city liable for an officer’s actions on the facts presented here.

Kelly Dillery, Plaintiff-Appellee/cross-Appellant v. City of Sandusky, Defendants-Appellants/cross-Appellees. Kelly Dill · filed 2005-02-18

The district court granted summary judgment for the defendants on Dillery’s claims as follows: ... (5) Sandusky is not liable under 42 U.S.C. § 1983 for the actions taken by Officer Brewer; (6) Officer Brewer was entitled to qualified immunity for her actions; ... For the reasons stated by the district court and because there are no genuine issues of material fact, the district court properly granted summary judgment to the defendants with regard to each of these claims.

Section 1983 permits municipal liability when a county's own policy or custom causes a constitutional violation and the county's deliberate conduct is the moving force behind it.

Perez v. Oakland County · filed 2006-10-18

A municipality (or in this case a county) “cannot be held liable under § 1983 for an injury inflicted solely by its employees or agents.” ... Additionally, Perez Sr. must show that “through its deliberate conduct, the [County] was the ‘moving force’ behind” the violation of his constitutional rights – that is, he “must show that the [County’s] action was taken with the requisite degree of culpability and must demonstrate a direct casual link between the [County’s] action and the deprivation of federal rights.”

Section 1983 permits municipal liability when a municipal custom, policy, or usage causes a deprivation of federal rights; conclusory allegations of such a policy do not suffice.

Uwadiegwu v. Department of Social Services of the County of Suffolk · filed 2016-01-14

Second, Uwadiegwu’s procedural due process claim against defendants Department of Social Services of the County of Suffolk (“DSS”) and the County of Suffolk (the “County”) fail because he does not offer any factual allegations that could give rise to municipal liability. “[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.”

A city cannot be held liable under § 1983 for the alleged actions of Commonwealth employees.

Collura v. Ford · filed 2016-01-14

Because the City cannot be held liable for the alleged actions of Commonwealth employees, the District Court correctly dismissed Collura’s claims as to the City.

A § 1983 claim against a municipality must plead facts supporting its alleged inadequate training or custom; conclusory allegations do not suffice.

A-Ju Tours v. Alleghany Corp. CA2/1 · filed 2016-01-14

Although the pleading requirements for a section 1983 claim are minimal, the Travel Agency’s allegations are exactly the type of legal conclusions, couched as factual allegations, that cannot defeat a demurrer/motion to dismiss. The Travel Agency merely infers from a single deputy sheriff’s conduct that the County has an inadequate training program for its employees with regard to the claim exemptions procedure, yet does not go further to explain the training program or its purported inadequacy. Yet without more facts, we cannot conclude that the County had an inadequate training program which caused the Travel Agency’s rights to be violated.

A municipality can face § 1983 liability when a complaint alleges a constitutional violation and a municipal pattern or practice of similar violations.

Davis v. District of Columbia · filed 2016-01-15

On its face, Plaintiff’s allegations are sufficient to make out a claim for municipal liability: Counts I and II state that Afari violated the Fourth Amendment, and Count III asserts that the MPD has a pattern or practice of similar violations.

A § 1983 municipal liability complaint must allege a city policy, practice, or custom that caused the deprivation, but need not name a final policymaker.

Hoefling v. City of Miami · filed 2016-01-25

Although Mr. Hoefling may ultimately have to identify (and provide proof concerning) a single final policymaker in order to survive summary judgment or prevail at trial, see, e.g., Grech v. Clayton County, 335 F.3d 1326, 1329 (11th Cir. 2003), we do not think that he had to name that person in his complaint in order to survive a Rule 12(b)(6) motion. All he needed to do was allege a policy, practice, or custom of the City which caused the seizure and destruction of his sailboat.

A § 1983 claim against a municipality for inadequate police training or supervision requires evidence of an official policy deliberately foregoing needed training or supervision.

Felio v. Hyatt · filed 2016-01-26

In any event, the plaintiffs failed to put forth evidence of an official policy of deliberately foregoing needed police training and supervision. Thus, we affirm the grant of summary judgment as to the defendant City of Lawrenceville.

Section 1983 permits liability against a municipal agency only when its policy or custom causes a violation of federally protected rights.

Northeastern Pennsylvania Freethought Society v. County of Lackawanna Transit System · filed 2016-01-27

Under the Supreme Court precedent of Monell v. Dep’t. of Soc. Servs., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), a municipality can be held liable under § 1983 only if the plaintiff shows that the violation of his federally protected rights resulted from the enforcement of a “policy” or “custom” of the local government.

Section 1983 does not impose municipal liability for an employee’s conduct without evidence that a municipal policy or custom caused the alleged violation.

Schroeder v. County of Nassau · filed 2016-01-28

A municipality may not be held liable under § 1983 on a respondeat superior theory of liability for its employees’ alleged constitutional violations. ... However, plaintiff has not offered any evidence that this allegedly improper conduct was attributable to a formal policy or that the type of investigative failures alleged here were widespread. ... As a result, plaintiff has failed to raise a genuine question of fact as to municipal liability.

Section 1983 permits municipal liability when action under an official municipal policy causes the plaintiff’s injury.

Ruiz-Bueno v. Scott · filed 2016-02-02

Plaintiffs :who seek to impose liability on local governments under § 1983 must prove that “action pursuant to official municipal policy” caused their injury. ... We hold that the evidence is insufficient to show that Peterson suffered a constitutional violation as a result of official municipal policy.

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

Simpson v. Town of Warwick Police Department · filed 2016-02-04

Warwick is thus entitled to summary judgment on Simpson’s false arrest claim on the alternative ground that Simpson has failed to demonstrate a municipal policy or custom that is actionable under § 1983.

Section 1983 does not make municipalities liable for their employees’ violations solely because they employ them.

Lollie v. Johnson · filed 2016-02-04

Although the Complaint does not specify that Counts 1-3 are against only the Officers, those Counts can in fact only be asserted against the Officers and not the City of St. Paul. Municipalities are not liable for § 1983 violations by their employees under a theory of respondeat superior.

Section 1983 permits a municipal liability claim to proceed when evidence creates a genuine factual dispute about a city policy or practice connected to an alleged constitutional violation.

Barajas v. City of Rohnert Park · filed 2016-02-05

While these statements do not necessarily mean it is Roh-nert Park’s normal practice to have officers enter homes in the manner done in this case, this evidence at least creates a genuine question of material fact about the City’s policy or practice related to the method of entry in probation searches, and such a question is properly resolved by jury.

A city can be liable under § 1983 when its policy or custom causes a violation of the plaintiff’s rights.

Panarello v. City of Vineland · filed 2016-02-08

To hold the City liable under § 1983, Plaintiffs must demonstrate that their rights were violated by a policy or custom of the City of Vineland.

A conclusory allegation of wrongful hiring and training, standing alone, cannot support a Section 1983 claim against a municipality.

Saidin v. Negron · filed 2016-02-09

The conclusory allegation of wrongful hiring and training, standing alone, cannot support a section 1983 claim (Eckardt v City of White Plains, 87 AD3d 1049, 1052 [2d Dept 2011]).

Section 1983 does not make a municipality liable for its officers’ acts under a theory of respondeat superior.

Miller v. Brady · filed 2016-02-11

We agree with the District Court that Miller failed to state a claim against the Borough for the acts of its police officers because it could not be held liable in a § 1983 action on a theory of respondeat superior.

Section 1983 does not permit municipal liability when no municipal agent violated a constitutional right.

Greene v. Scott · filed 2016-02-11

Further, because “a municipality cannot be liable in the absence of a constitutional violation by one of its agents,” Altman v. City of High Point, N.C., 330 F.3d 194, 207 n.10 (4th Cir. 2003) (citing City of Los Angeles v. Heller, 475 U.S. 796, 799 (1986) (per curiam)), judgement in favor of the City of Columbia was likewise proper.

A municipality cannot be liable under § 1983 on a Monell theory when the defendant officers committed no constitutional violation.

Johnson v. San Benito County · filed 2016-02-17

Finally, the district court properly concluded that no Monell liability can lie absent a finding of a constitutional violation by the Officer Defendants.

Section 1983 permits municipal liability when the municipality itself supports a constitutional violation, but not solely because it employs the person responsible.

Rose v. County of Sacramento · filed 2016-02-17

Under the Supreme Court’s decision in Monell v. New York City Dept. of Social Servs., 436 U.S. 658, 689-91, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), a government entity may be held liable under 42 U.S.C. § 1983, but such liability must be founded upon evidence that the government unit itself supported a violation of constitutional rights and not on the basis of the respondeat superior doctrine or vicarious liability.

Section 1983 requires a plaintiff seeking to hold a municipality liable to plead that a constitutional violation occurred under an official policy or a custom with the force of law.

Kelly v. City of Omaha · filed 2016-02-18

In order to state a claim for municipal liability under § 1983, a plaintiff must plead facts demonstrating that the defendants violated a constitutional right either “pursuant to official municipal policy” or as part of “a custom or usage with the force of law.”

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

Brown Ex Rel. Estate of Brown v. Chapman · filed 2016-02-19

When viewing the evidence in the light most favorable to the plaintiff, a reasonable jury could find that the City’s taser policy was the moving force behind the violation of Brown’s Fourth Amendment rights.

Section 1983 does not make a municipality liable solely for its employees’ actions; a plaintiff must show that a municipal policy or custom caused the constitutional violation.

De La Torre v. City of Renton · filed 2016-02-22

A plaintiff may not sue a municipality or other local government entity based on the theory of respondeat superior; rather, it must demonstrate that the constitutional deprivation at issue resulted from the government entity’s policies or customs. ... Plaintiff has provided no such evidence. ... Accordingly, the Monell claim is dismissed.

Section 1983 requires a plaintiff seeking municipal liability to prove a causal link between a municipal policy and the claimed constitutional deprivation.

Edgewood Street Garden Apartments, LLC v. Hartford · filed 2016-02-23

We conclude, on the basis of the record and the relevant case law, that the court properly found that the plaintiff did not establish a cause of action under § 1983 because it did not prove the required causal link between the defendant’s policy and the constitutional violations the plaintiff claims to have suffered.

Section 1983 permits a claim against a municipality only when an official policy or custom caused the constitutional violation.

Maria De Lourdes Torres v. Police Officer Jones · filed 2016-02-23

As previously noted, plaintiff can proceed to trial against the governmental defendants on her claims under 42 USC § 1983 only if the record discloses a triable issue of fact as to whether an official policy or custom of the City government itself caused the detectives to violate her constitutional rights.

Section 1983 requires a § 1981 claim against a municipality to allege action under color of law and a city custom or policy, or discrimination by an official with final policymaking authority.

LeCounte v. City of Miami Beach · filed 2016-02-23

Defendant correctly points out that Plaintiffs § 1981 claims for hostile work environment, discharge based on race, and retaliation must be brought pursuant to 42 U.S.C. § 1983. ... Plaintiff has failed to make any factual allegations showing that the complained of discrimination and retaliation were taken under color of law, pursuant to a city custom or policy, or that an official with final policymaking authority discriminated against her.

Section 1983 permits municipal liability when a municipal policy or custom causes a constitutional injury; an unsupported assertion of such a policy or custom is insufficient.

Sorrell v. County of Nassau · filed 2016-02-24

Plaintiffs’ argument fails because they have not presented any evidence that the alleged violations were a result of any policy or custom of either Nassau County or Lynbrook.

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

Woodcock v. City of Bowling Green · filed 2016-02-24

Under § 1983, a municipality can be held liable only if the plaintiff demonstrates that the injury suffered was a direct result of the municipality’s official policy or custom.

Section 1983 does not allow municipal liability based solely on respondeat superior and requires an official pattern or practice to support a municipal claim.

Phillips v. Allegheny · filed 2008-02-05

The parties on appeal do not mention this issue, presumably because it makes no difference in light of the fact that the Supreme Court’s decision in Monell v. Dep't of Social Services, 436 U.S. 658 (1978) bars § 1983 suits against municipalities based on respondeat superior and Phillips failed to allege facts supporting an official pattern or practice claim giving rise to constitutional injury.

Section 1983 requires a plaintiff seeking to impose liability on a municipality to identify the municipal policy or custom that caused the injury.

Brumley v. Garland County · filed 2008-02-07

... and Brumley failed to establish a basis for holding the defendants liable, see Bd. of County Comm’rs v. Brown, 520 U.S. 397, 403-04 (1997) (plaintiff seeking to impose § 1983 liability on municipality must identify municipal policy or custom that caused his injury).

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

Ford v. County of Grand Traverse · filed 2008-08-05

We believe that, when viewing the evidence in the light most favorable to Ford, a reasonable jury could conclude that there was a direct causal link between the County’s policy and the injuries that Ford suffered from her seizure and resulting fall. ... And in light of Sheriff Hall’s testimony, reasonable minds could likewise find a direct causal link between the County’s policy and the failure to get Ford her medication promptly.

Section 1983 permits municipal liability only when an official municipal policy causes the constitutional tort and does not impose respondeat superior liability.

Arrington v. District of Columbia · filed 2009-02-16

Accordingly, the Court finds that Norris’ action was “objectively reasonable,” and therefore he is shielded from liability by the defense of qualified immunity, Milstead v. Kibler, 243 F.3d 157, 165 (4th Cir.2001), which also is a bar to a finding of liability being rendered against the District of Columbia, Cf. Monell, 436 U.S. at 691, 98 S.Ct. 2018 (“Congress did not intend municipalities to be held liable unless action pursuant to official municipal policy of some nature caused a constitutional tort.... [A] municipality cannot be held liable solely because it employs a tortfeasor — or, in other words, a municipality cannot be held liable under § 1983 on a respondeat superior theory.”).

Section 1983 permits municipal liability when the plaintiff sufficiently alleges that an official acted with the municipality’s authority and unreviewed discretion.

Short v. Immokalee Water & Sewer District · filed 2016-02-25

Viewing the factual allegations in a light most favorable to the plaintiff, the Court finds that plaintiff has sufficiently alleged a basis for municipality liability under § 1983.

Section 1983 makes a municipality liable when its unconstitutional ordinance causes a violation of constitutional rights.

Clary v. City of Cape Girardeau · filed 2016-02-29

Under Monell and its progeny the City is therefore liable for violating plaintiffs constitutional rights because it promulgated the Ordinance, the Ordinance is unconstitutionally vague, and plaintiff was cited and arrested pursuant to the Ordinance.

Section 1983 requires a plaintiff suing a school district to identify a municipal policy or custom that caused the alleged deprivation of rights.

S.K. v. North Allegheny School District · filed 2016-03-02

Plaintiffs amended complaint fails to set forth a sufficient factual setting to identify the existence of a municipal policy or custom that can give rise to § 1983 liability. Consequently, plaintiff cannot proceed against defendant on a municipal liability claim for violation of equal protection predicated on sexual harassment.

Section 1983 requires a causal link between a municipal policy or custom and the constitutional violation; selective discipline alone does not establish municipal liability.

White v. City of Athens · filed 2016-03-04

But Mr. White fails to supply a causal link between the City’s non-enforcement policy and the violation of his First Amendment rights.

Section 1983 does not impose municipal liability when no city employee committed an underlying constitutional violation.

Fappiano v. City of New York · filed 2016-03-07

Fappiano’s failure to establish his claim against Mason forecloses his claim against the City of New York because in the absence of an underlying constitutional violation by a city employee there is no municipal liability under Monell.

Under Section 1983, a county is liable for a sheriff’s actions when the sheriff has final policymaking authority and those actions constitute county policy.

Manuel De Jesus Ortega Melendr v. Maricopa County · filed 2016-03-07

Further, under the Supreme Court’s decisions interpreting 42 U.S.C. § 1983, “[i]f the sheriff’s actions constitute county ‘policy,’ then the county is liable for them.” McMillian v. Monroe Cty., 520 U.S. 781, 783 (1997) (citing Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694 (1978)). Arizona state law makes clear that Sheriff Arpaio’s law-enforcement acts constitute Maricopa County policy since he “has final policymaking authority.”

Section 1983 permits municipal liability when a policy or custom causes a constitutional injury, a failure to act amounts to deliberate indifference, or a final policymaker ratifies unconstitutional conduct.

Garlick v. County of Kern · filed 2016-03-08

“A Monell claim may be stated under three theories of municipal liability: (1) when official policies or established customs inflict a constitutional injury; (2) when omissions or failures to act amount to a local government policy of deliberate indifference to constitutional rights; or (3) when a local government official with final policy-making authority ratifies a subordinate’s unconstitutional conduct.”

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

Banks v. County of Westchester · filed 2016-03-09

Rather, to prevail on a § 1983 claim against a municipal employer, a plaintiff must show that “the deprivation of the plaintiffs rights under federal law is caused by a governmental custom, policy, or usage of the municipality.”

To establish municipal liability under § 1983 based on an implicit policy, a plaintiff must show a widespread practice rather than an isolated event.

Clemons v. Dart · filed 2016-03-09

Similarly here, Clemons’ Monell claim fails because his allegations pertain exclusively to his own experience at Cermak.

A municipality is liable under § 1983 only when a constitutional violation results directly from a city custom or policy.

Williams v. City of Austin · filed 2016-03-16

While a municipality can be subject to liability under § 1983, such liability only accrues to the extent the alleged constitutional violations result directly from a city custom or policy.

Section 1983 requires a plaintiff suing a municipality to plead a causal link between its policy or custom and the alleged violation; alleging that the policy merely allowed the violation is insufficient.

Thornton v. City of Columbus · filed 2016-03-17

The allegations as they stand do not plead a causal link between the customs and policies of the City and the violations Plaintiffs allege, merely that the customs and policies allowed for actors to violate Plaintiffs’ constitutional rights.

Section 1983 permits municipal liability when allegations of repeated unconstitutional conduct and notice to municipal officials plausibly show a failure to supervise or discipline officers.

McLennon v. City of New York · filed 2016-03-18

At this stage, the continuing nature of these stops coupled with the Municipal Defendants’ notice, . raises a plausible inference that despite having notice, the Municipal Defendants failed to act, by better supervising or disciplining the officers conducting the Step-Out Enforcement Checkpoints. Accordingly, Defendants’ motion is denied as to Augustine’s and Price’s municipal liability claims.

Section 1983 municipal liability requires an underlying constitutional claim against municipal employees.

Martinez v. Hubbard · filed 2016-03-18

Since the absence of an underlying constitutional claim by municipal employees forecloses the municipal claims as a matter of law, that finding is sufficient to support judgment for all defendants in this matter,.

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

Mensah-Yawson v. Raden · filed 2016-03-21

A plaintiff must “allege[] an affirmative link . . . such that a municipal policy was the moving force behind the constitutional violation,” Baker, 326 F.3d at 1206 (internal quotation marks and citations omitted), but the pleading here fails to set forth any allegations of the existence or execution of a Donora policy, custom or practice resulting in the injuries he claims to have suffered.

A single decision by a municipality’s final policymakers can qualify as official policy for § 1983 liability.

Ditzler v. Housing Authority · filed 2016-03-21

This single decision by policymakers comports with Supreme Court and Third Circuit precedent and clearly amounts to “an act of official government policy.”

Section 1983 generally does not make a county or municipality liable for an employee’s conduct under respondeat superior.

Stockton v. Wake County · filed 2016-03-24

The doctrine of respondeat superior generally does not apply to a section 1983 action.

Section 1983 permits a claim against a local government when a municipal policy or custom causes a deprivation of federal rights.

Sollenberger v. Sollenberger · filed 2016-03-25

In order to state a claim against a local government under Section 1983, a plaintiff “must show: 1) a deprivation of his constitutional or federal rights,, 2) that occurred pursuant to a custom, usage, or official policy of the municipality.”

Section 1983 permits municipal liability only if there is an underlying constitutional violation for which the municipality could be responsible.

Stiles ex rel. D.S. v. Grainger County · filed 2016-03-25

As with supervisory liability, a municipality can be liable under § 1983 only if there is some underlying constitutional violation for which it could be held responsible.

Section 1983 requires a plaintiff seeking to hold the District of Columbia liable to identify a District custom or policy that caused the alleged violation.

Nix El v. Williams · filed 2016-03-30

Here, Plaintiff cites no custom or policy of the District that might establish the District’s liability under Section 1983.

Section 1983 requires a municipal failure to train or supervise claim to plead inadequate training or supervision, deliberate indifference, and a close causal link to the injury.

Stillwagon v. City of Delaware · filed 2016-03-31

To state a claim for failure to adequately train or supervise, a plaintiff must sufficiently plead that “(1) the training or supervision was inadequate for the tasks performed; (2) the inadequacy was the result of the municipality’s deliberate indifference; and (3) the inadequacy was closely related to or actually caused the injury.”

Section 1983 requires a municipal policy or custom that causes the injury; a chairman without final policymaking authority cannot alone establish municipal liability.

Rivers v. New York City Housing Authority · filed 2016-03-31

Because Rhea did not have final policymaking authority, because there is no indication that the NYCHA board delegated such authority to him, and because there is no evidence that any other board member had notice of the alleged retaliation at issue in this, action, NYCHA must be dismissed.

Section 1983 requires a plaintiff suing a municipality to plead an unconstitutional policy or custom and how it caused the constitutional violation.

Lincoln v. Maketa · filed 2016-03-31

At a minimum, a party asserting a Monell claim must plead sufficient facts to identify the unconstitutional custom or policy that was promulgated and the means by which that custom or policy caused the constitutional violation.

Section 1983 requires factual allegations showing a municipality’s deliberate indifference; conclusory allegations about a medical contractor’s past are insufficient to state an official-capacity claim against a sheriff.

Estate of Martinez v. Taylor · filed 2016-03-31

However, plaintiffs’ allegations about Sheriff Taylor’s deliberate indifference are too conclusory to survive dismissal. Plaintiffs fail to offer additional factual support that, even if he had actual or constructive knowledge of CHC’s troubling past, Sheriff Taylor would have then been “on notice” that contracting with the CHC defendants was “substantially certain to result in a constitutional violation” at PCDF.

Section 1983 requires evidence that a municipal policy or custom caused the plaintiff’s injury to hold a municipality liable.

Bocchino v. City of Atlantic City · filed 2016-03-31

On the record presented here, howevér, Plaintiff has not made any showing to support his municipal liability claims pursuant to § 1983 against Defendant City of Atlantic City. While Plaintiff has provided evidence that Defendant City of Atlantic City has a use of force policy (see Declaration of Timothy J. Mcllwain, Esq., Exhibit A (D.I. 38-1), 3-16 on the docket), Plaintiff has failed to set forth any evidence, whether it be in the form of certification, affidavit, or deposition testimony, from which a reasonable juror -could conclude that Defendant City of Atlantic City established a policy or custom that caused Plaintiffs injury.

Section 1983 permits a claim against a school district for a custom of ignoring employee abuse when the district knew of a persistent pattern, was deliberately indifferent, and that custom caused a constitutional violation.

Williams ex rel. Williams v. Fulton County School District · filed 2016-03-31

In order to state a § 1983 claim against a school district for its'“custom of inaction” in responding to complaints of abuse by employees, a plaintiff must plead: (1) the existence of a persistent pattern of abuse by school employees' that (2) was known about by the school district (3) who then tacitly approved or deliberately ignored the abuse, such that their inaction can be said to be a custom of deliberate indifference to abuse and (4) this custom of deliberate indifference was a “moving force” behind the violation of the constitutional rights.

A city may be liable under § 1983 when its official policy causes a constitutional injury.

Lowry v. City of San Diego · filed 2016-04-01

Rather, in order to prevail on a § 1983 claim against a city, a plaintiff must prove that the constitutional injury was inflicted pursuant to city policy, regulation, custom, or usage.

A municipality is liable under § 1983 when an official policy or a final policymaker's ratification causes a constitutional violation; delegated discretion alone does not establish municipal liability.

Engley Diversified, Inc. v. City of Port Orchard · filed 2016-04-01

Thus, Engley has failed to show an unconstitutional policy or ratification of an unconstitutional policy by the final policy-making authority, which is the .City - Council. ... In such circumstances, the City is not liable even if the appointed authority exercises his or her discretion in an unconstitutional manner.

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

Cantrell v. White · filed 2016-04-05

Because a municipality is not liable through respondeat superior for the wrongful acts of its employees, to establish § 1983 liability against the City of College Park, the Plaintiffs must show that the constitutional deprivation resulted from a custom or policy of the City.

Section 1983 requires a plaintiff seeking to hold a municipal entity liable to show that an official policy or policymaker caused the alleged constitutional injury.

Coffman v. Alvin Community College · filed 2016-04-06

Because the Coffmans failed to show a municipal policy or policymaker was responsible for the decisions they protest, we AFFIRM the grant of summary judgment for the College on the Coffmans’ § 1983 retaliation claims.

A municipality can be liable under § 1983 for systemic deficiencies in medical care if a policymaking official knows about them and fails to correct them.

Dixon v. Cook County, Illinois · filed 2016-04-08

And even if there are such deficiencies, a Monell claim can prevail only if a policy-making official knows about them and fails to correct them.

Section 1983 requires a basis for holding a city liable for an employee’s decision, such as evidence that a final city policymaker made the decision.

Smith v. City of Greensboro · filed 2016-04-12

Nor did Smith offer any basis to hold the City liable for the shift change under Monell v. New York City Department of Social Services, 436 U.S. 658, 694 (1978). ... Thus, the district court did not err in dismissing Smith’s retaliation claims against the Mayor and the City.

A § 1983 claim against a municipality requires factual allegations connecting the alleged constitutional violation to a municipal policy or custom.

Patrick v. District of Columbia · filed 2016-04-12

Here, Mr. Patrick’s complaint fails to provide sufficient facts that show how the MPD Officers’ conduct toward him was part of a District of Columbia custom or policy.

Section 1983 requires a plaintiff seeking to hold a city liable to establish both a constitutional violation and an official policy that caused it.

Martin v. City of Oklahoma City · filed 2016-04-14

To establish a § 1983 claim against the City, Plaintiff must establish that both a constitutional violation occurred and an official policy caused the violation.

Section 1983 makes a school district liable only when its own policy or custom causes the alleged injury, rather than solely for its employees’ acts.

New York ex rel. Schneiderman v. Utica City School District · filed 2016-04-18

In practice, this policy-or-custom requirement operates as a shield to protect municipalities from vicarious liability under § 1983 — a local government can only be held responsible for its own illegal acts, not merely the actions of its employees.

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

Bush v. District of Columbia · filed 2010-02-23

Plaintiffs have assumed – as shall we – that an element of both their § 1981 and § 1983 claims against the District is the existence of a District policy or custom that served as “the moving force” behind Atcheson’s alleged discriminatory conduct. See Monell v. Dep’t of Social Servs., 436 U.S. 658, 694-95 (1978).

Section 1983 permits municipal liability claims under Monell, but such a claim is moot when the underlying constitutional claim fails.

Willingham v. City of San Leandro · filed 2010-03-03

We affirm summary judgment for defendants on Willingham’s claims under Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978). See Fisher v. City of San Jose, 558 F.3d 1069, 1085 (9th Cir. 2009) (en banc) (holding jury’s verdict against plaintiff on Fourth Amendment claim mooted his Monell claim).