42 U.S.C. § 1983

A municipality is a person that may be sued under § 1983.

Smith v. Popish · filed 2017-10-02

Therefore, because the City of Weirton is a “person” for the purposes of § 1983, it can be party to a § 1983 action, and thus Count IV will not be dismissed on that ground.

Section 1983 municipal liability requires an official policy or custom that violates the plaintiff’s constitutional rights.

Pilver v. Hillsborough County · filed 2017-10-03

Pilver failed to allege that the County had an official policy or custom that violated his constitutional rights, as required to state a claim for municipal liability.

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

Thomas v. City of New York · filed 2017-10-03

The City cannot be held vicariously liable for its employees’ violations of 42 USC § 1983, and there is no unity of interest in the absence of a relationship giving rise to such vicarious liability (see Higgins v City of New York, 144 AD3d 511, 512-513 [1st Dept 2016]).

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

Doe v. Kaweah Delta Hospital · filed 2017-10-03

The district court properly granted summary judgment on Doe’s § 1983 claims because Doe failed to raise a genuine dispute of material fact as to whether his alleged injury was caused by a policy or custom of Kaweah Delta Hospital or the Kaweah Delta Health Care District.

Section 1983 does not make a county liable for acts of state court judges, who act for the state rather than the county.

Alexis v. County of Los Angeles · filed 2017-10-03

The district court properly dismissed Alexis’ claims alleging that the County of Los Angeles is liable because it is “represented” by the Judges, as the California Superior Court and its judges are State actors, not County actors.

Section 1983 holds a municipality liable only when its policy, custom, or practice causes a constitutional deprivation; it does not impose vicarious liability for officers’ conduct.

Khaled v. Dearborn Heights Police Dep't · filed 2017-10-04

While a plaintiff may seek damages against a municipality, those damages cannot be premised upon vicarious or respondeat superior liability. ... Instead, the plaintiff must create a genuine issue of material fact whether a municipal custom, policy, or practice resulted in the deprivation of the plaintiff’s constitutional rights.

Section 1983 requires facts showing that an official policy or custom caused a constitutional deprivation to establish municipal liability.

Solis v. West Valley Detention Center · filed 2017-10-04

The district court properly dismissed Solis’s claims against West Valley Detention Center and High Desert Detention Center because Solis failed to allege facts sufficient to show that an official policy or custom deprived him of his constitutional rights.

Section 1983 permits municipal liability when a policy, custom, practice, or ratification by an official with final policymaking authority causes the alleged deprivation.

Bondurant v. City of Battle Ground · filed 2017-10-04

The district court properly granted summary judgment for the City of Battle Ground because the Bondurants failed to raise a genuine dispute of material fact as to whether the alleged deprivations were caused by municipal policy, custom, or practice, or whether the allegedly unconstitutional conduct was ratified by an official with final policymaking authority.

A municipality is liable under § 1983 only when a constitutional deprivation results from an official policy, practice, or custom.

Raiser v. Los Angeles County Sheriff · filed 2017-10-04

The district court properly granted summary judgment because Raiser failed to raise a genuine dispute of material fact as to whether any constitutional deprivation resulted from an official policy, practice, or custom.

Section 1983 requires a plaintiff seeking to hold a municipality liable to allege that an official policy, practice, or custom caused the constitutional deprivation.

Raiser v. City of Los Angeles · filed 2017-10-04

Dismissal of Raiser’s remaining Fourth Amendment claims was proper because Raiser failed to allege facts sufficient to establish that any constitutional deprivation resulted from an official policy, practice, or custom.

Section 1983 requires factual allegations connecting a municipal policy or custom to a constitutional violation; conclusory allegations based on a single incident do not establish municipal liability.

McCants v. City Of Mobile · filed 2017-10-04

The Court agrees with the City that there are no factual allegations that support the municipal liability claims. ... Aside from their conclusory allegations, the instant incident is the only one identified in the complaint involving him or any other officer. This is not a sufficient basis for this theory of liability.

Section 1983 official-capacity claims require a policy or custom that caused the constitutional injury.

Liggins v. Baca · filed 2017-10-05

The district court properly granted summary judgment on Liggins’s claim against defendant Baca in his official capacity because Liggins failed to raise a triable dispute as to whether any policy or custom of MCJ caused Liggins to suffer constitutional injuries.

Section 1983 permits local government liability when its policy, custom, or practice is the moving force behind a constitutional violation.

Dees v. Cnty. of San Diego · filed 2017-10-10

Local government entities, like the County, can be held directly liable for constitutional violations under 42 U.S.C. § 1983 if a policy, custom, or practice of the entity is shown to be the moving force behind the constitutional violation.

Section 1983 permits municipal liability when a constitutional violation occurs because of a municipal policy, practice, or custom.

S.R. v. Kenton Cnty. Sheriff's Office · filed 2017-10-11

"To prevail in a § 1983 suit against a municipality, a plaintiff must show that the alleged [constitutional] violation occurred because of a municipal policy, practice, or custom." ... The record here establishes municipal liability against Kenton County as a matter of law.

Section 1983 permits municipal liability for unconstitutional actions that implement a municipal policy or custom.

Waldron v. Roark · filed 2017-10-13

Municipalities can be sued directly under § 1983 for monetary, declaratory, or injunctive relief where the action alleged to be unconstitutional implements or executes a policy statement or custom of the municipality. ... We conclude that this evidence is not sufficient for a jury to infer that Roark’s actions that night were an implementation of a custom or an unofficial policy.

Section 1983 permits a municipal liability claim to proceed when evidence could show that a city's overtime policy encouraged false arrests and that inadequate monitoring allowed police misconduct.

Cordero v. City of N.Y. · filed 2017-10-17

There is sufficient evidence for plaintiff to proceed on the grounds that: (1) New York city's overtime policy incentivizes officers to make false arrests; and (2) police malfeasance in general and as related to the overtime policy is inadequately monitored to prevent abuse.

Section 1983 requires plausible allegations that a municipal defendant acted pursuant to a practice, custom, or policy to state a municipal liability claim.

Lee-Walker v. New York City Department of Education · filed 2017-10-17

We conclude that Lee-Walker’s allegations that DOE acted pursuant to its practices, customs, and policies are insufficient to state . a plausible Monell claim against DOE.

A local government may be liable under § 1983 for a continuing failure to remedy a known pattern of unconstitutional conduct by its subordinates.

Running Shield v. Huether · filed 2017-10-17

“TA] local government entity may be amenable to suit under § 1983 for a continuing failure to remedy a known pattern of constitutionally offensive conduct by its subordinates.” ... Running Shield states a claim alleging a pattern of constitutionally offensive conduct. Therefore, Running Shield’s amended complaint survives screening.

A municipality is liable under § 1983 only when its policy or custom causes the alleged constitutional violation; liability cannot rest solely on its employees’ actions.

Sanjeev Lath v. Manchester Police Department, Gerard Dufresne, BMS CAT, and Amica Mutual Insurance Company · filed 2017-10-19

Lath’s FAC does not state a Monell claim against the City. He makes no allegations about any official policy or custom that was the cause of the constitutional violations he claims.

Section 1983 makes a county liable when its policymaker adopts an unconstitutional policy that causes a constitutional injury.

Jauch v. Choctaw County · filed 2017-10-24

Choctaw County’s relevant policymaker instituted a policy whereby certain arrestees were indefinitely detained without access to courts or the benefit of basic constitutional rights. This unconstitutional policy was “the moving force” behind Jauch’s constitutional injury. See Monell, 436 U.S. at 694, 98 S.Ct. at 2038. Under Monell and its progeny, Choctaw County is liable.

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

McCall v. Department of Motor Vehicles · filed 2017-10-26

To establish municipal liability under 42 U.S.C. § 1983 for a city like the District, however, a plaintiff must demonstrate that a governmental policy or custom caused the deprivation of his constitutional rights. ... As McCall has not sufficiently alleged facts to establish municipal liability under Monell, the Court will dismiss Count IV for failure to state a claim.

A municipality is liable under § 1983 for ratifying a subordinate’s retaliatory decision only if its final policymakers approve both the decision and its retaliatory basis.

Saunders v. Town of Hull · filed 2017-10-27

Saunders can point to no evidence linking the Board to Billings's purported retaliatory motive, aside from Billings's single statement: "Town Hall has my back." ... As such, the district court correctly held that Saunders failed to raise a genuine dispute as to whether the Board members "ratified" Billings's alleged retaliation under Praprotnik.

Section 1983 requires a plaintiff suing a governmental entity to allege that its policy or custom caused the deprivation of a federal right.

Brown v. Orange County Corrections Dept. · filed 2017-10-27

Because the allegations concerning the governmental custom were insufficient to raise her claim above the speculative level, she did not state a proper claim against the Orange County Corrections Department or departments of the female detention center concerning her hospitalization.

Section 1983 requires a plaintiff alleging municipal failure to train to show that a policy or custom caused the deprivation of a federal right.

Parent v. Kan. City Pub. Sch. · filed 2017-10-31

However, to prevail on a failure to train claim, Plaintiff must show a deprivation of a federal right caused by a policy or custom. Because so many material facts are disputed, as explained above, this Court denies summary judgment for KCPS on the grounds of municipal liability.

Section 1983 permits liability against a school district only when its policy or custom causes the injury; an employee’s actions alone are insufficient.

Dole v. Huntington Union Free School District · filed 2017-11-01

A school district is a municipal entity, and as such, “cannot be held liable pursuant to § 1983 solely because of the discriminatory actions of one of its employees.” Back v. Hastings on Hudson Union Free Sch. Dist., 365 F.3d 107, 128 (2d Cir. 2004) (citing Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691 (1978)). As a result, a school “[d]istrict can . . . only be held liable if its ‘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.’” Id. (quoting Monell, 436 U.S. at 694). The Doles have not identified, either in the district court or on appeal, any policy requiring or permitting school officials to strip search a student of the opposite sex to find evidence of child abuse.

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

Pyle v. Woods · filed 2017-11-01

Accordingly, to prove a § 1983 claim against a municipality, a plaintiff must show the existence of a municipal policy or custom which directly caused the alleged injury.

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

Smith v. City of Troy, Ohio · filed 2017-11-01

In order to impose § 1983 liability on a municipality, the plaintiff must prove that the constitutional deprivation occurred as a result of an official custom or policy of the municipality.

A municipality cannot be liable under § 1983 for its policy or custom without an underlying constitutional violation.

B.R. v. McGivern · filed 2017-11-01

A municipality can be liable under § 1983 when its official “policy or custom” triggers a violation of a plaintiffs constitutional rights. ... But “[t]here can be no [municipal] liability under Monell without an underlying constitutional violation.” ... Inasmuch as the officers did not violate the Constitution, the district court properly granted summary judgment to the City of Canfield on Plaintiffs’ Monell claim.

A defendant cannot be held liable under § 1983 on a municipal liability theory if the plaintiff suffered no constitutional injury.

Miller v. Steele-Smith · filed 2017-11-06

We agree with the Magistrate Judge that that defendant cannot be liable under a theory of municipal liability because Miller has failed to demonstrate that he suffered a violation of his constitutional rights.

Section 1983 requires specific facts showing that an official custom or policy caused an alleged constitutional violation to establish liability on that basis against a county or supervisor.

Alexander v. Hamilton · filed 2017-11-08

Due to Alexander’s failure to provide any specific facts showing that an official custom or policy caused the alleged constitutional violations, he cannot establish liability for either Travis County or Hamilton.

Section 1983 permits municipal liability only for acts attributable to the municipality through official action.

Skyy v. City of Arlington · filed 2017-11-09

The City can only be liable under Section 1983, however, “for acts that are directly attributable to it ‘through some official action or imprimatur.’”

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

Burke v. Glanz · filed 2017-11-09

To hold a county liable under § 1983, a plaintiff must demonstrate (1) the existence of a municipal policy or custom by which the plaintiff was denied a constitutional right and (2) that the policy or custom was the moving force behind the constitutional deprivation (i.e. "whether there is a direct causal link between [the] policy or custom and the alleged constitutional deprivation"). ... The allegations of the Complaint state a plausible claim under Monell.

Section 1983 requires a discriminatory policy or custom, or action by a final policymaker, to hold a school board liable.

Aku v. Chi. Bd. of Educ. · filed 2017-11-14

Because Aku did not plead any facts indicating that there was a discriminatory Board policy or custom, or that Weaver qualified as a "final policymaker" under Monell , the Court grants the Board's motion to dismiss any § 1983 claims against the Board.

Section 1983 permits liability against a sheriff’s department for constitutional violations caused by its policies or customs, but not solely for its employees’ actions.

Helms v. Joseph N. Carpenter, Sheriff · filed 2017-11-17

Under § 1983, a sheriff’s department may not be held liable for the actions of its employees or agents, but may be held liable for constitutional torts caused by the department’s policies, procedures, or customs.

Section 1983 municipal liability under Monell requires an underlying constitutional violation.

Spencer v. County of Huron · filed 2017-11-22

But as the district court stated, a Monell claim depends on an underlying constitutional violation. ... Therefore, Spencer’s Monell claim fails.

Section 1983 permits a claim against a school district only when a district policy or custom causes the alleged constitutional injury.

Felipe Del Angel v. La Joya Independent Sch · filed 2017-11-29

But none of these allegations provide factual support for the conclusion that an official or unofficial LJISD policy was the cause of the adverse employment action.

Section 1983 municipal liability requires a constitutional violation attributable to a municipality’s custom or policy.

Randall v. Facebook, Inc. · filed 2017-11-30

The District Court properly dismissed the claims against Berks County as Randall failed to allege any constitutional violation attributable to a Berks County custom or policy.

Section 1983 permits a separate municipal liability claim to continue after settlement of an official-capacity claim against an individual employee.

Nichols v. Knox Cty., Tenn. · filed 2017-12-06

Furthermore, the release of an official-capacity claim against an individual does not extinguish separate claims for liability against a municipality.

Section 1983 permits municipal liability for a constitutional violation caused by an official policy, an unofficial custom, or a deliberately indifferent failure to train or supervise.

Ayers v. Jackson County, MO · filed 2017-12-06

Section 1983 liability for a constitutional violation may attach to a municipality if the violation resulted from: (1) an “official municipal policy,” Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691 (1978); (2) an unofficial “custom,” id.; or (3) a deliberately indifferent failure to train or supervise, see City of Canton, Ohio v. Harris, 489 U.S. 378, 389 (1989).

Section 1983 claims against a school district require pleading that an official policy or custom caused the deprivation of a constitutionally protected interest, but are not subject to a state notice of claim requirement.

Matter of Evans v. Deposit Cent. Sch. Dist. · filed 2017-12-07

Petitioners’ claims pursuant to 42 USC § 1983 were not subject to the state notice of claim requirement (see Meyer v County of Suffolk, 90 AD3d 720, 722 [2011]), but petitioners were required to plead that respondents’ official policy or custom caused the deprivation of a constitutionally protected interest (see Monell v New York City Dept. of Social Servs., 436 US 658, 690-691 [1978]; Alex LL. v Department of Social Servs. of Albany County, 60 AD3d 199, 205 [2009], lv denied 12 NY3d 710 [2009]).

Section 1983 permits municipal liability for injuries caused by a municipality's policy or custom or by acts representing official policy.

Gonzalez v. Cnty. of Merced · filed 2017-12-07

A municipality can only be held liable for injuries caused by the execution of its policy or custom or by those whose edicts or acts may fairly be said to represent official policy.

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

Oxford v. Madison County Sheriff's Office · filed 2017-12-11

As for the county, there can be no municipal liability on the Oxfords’ theory without an underlying constitutional violation.

A § 1983 municipal liability claim requires an identified policy or custom that caused the alleged constitutional deprivation.

Murphy v. City of Newton · filed 2017-12-11

Count IV of the amended complaint asserts a § 1983 Monell liability claim against the City. ... Murphy, however, has not identified a specific policy or custom responsible for the deprivation of his constitutional rights and that omission is fatal to his claim.

A municipality is not liable under § 1983 for a decision by an official whose decisions are subject to meaningful administrative review, because that official lacks final policymaking authority.

Lewis v. City of Union City, Georgia · filed 2017-12-15

However, we have repeatedly recognized that “a municipal official does not have final policymaking authority over a particular subject matter when that official’s decisions are subject to meaningful administrative review.” Id.

Municipal liability under § 1983 requires a constitutional violation by the individual officers whose conduct caused the injury.

Estate of Ryan Ronquillo v. City & County of Denver · filed 2017-12-18

To establish municipal liability under § 1983, Plaintiff must prove a constitutional violation by the individual officers.

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

Mercurio v. Town of Sherborn · filed 2017-12-19

Accordingly, as the plaintiff has failed to adduce evidence of a relevant custom or policy, let alone a policy responsible for the plaintiff's alleged maltreatment, summary judgment must enter in the Town's favor on this ground.

A municipality is liable under § 1983 only when its policy or custom causes the plaintiff’s injury.

Edward Ray, Jr. v. Jefferson · filed 2017-12-20

The district court properly dismissed Ray’s claims against the City of Oakland because Ray failed to allege facts sufficient to show that a policy or custom of the City caused his alleged injury.

Section 1983 permits municipal liability for failure to train only when the claim rests on an underlying constitutional violation.

Barrett v. City of Newburgh · filed 2017-12-21

Barrett’s Monell claim alleging a failure by the city to train and supervise its force can survive only as an extension of her underlying excessive force action against the police officers.

Section 1983 requires a plaintiff seeking to hold a municipality liable to identify a municipal policy or custom, or conduct by a municipal decisionmaker, that caused the alleged violation.

GJJM Enters., LLC v. City of Atl. City · filed 2017-12-21

The Amended Complaint does not identify conduct of a municipal decisionmaker or specify a custom or policy of Atlantic City that could form the basis for municipal liability.

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

Richmond v. Huq · filed 2018-01-03

“A municipality or other local government may be liable under [42 U.S.C. § 1983] if the governmental body itself ‘subjects’ a person to a deprivation of rights or causes a person to be subjected to such deprivation.” ... Because there exist material questions of fact as to whether the actions of the Jail medical staff violated Richmond’s right to be free from deliberate indifference to her serious medical needs and whether such actions were a part of the practice or custom of the Jail, the district court’s grant of summary judgment on this claim was improper.

A Section 1983 Monell claim against a county fails when the plaintiff does not establish a county policy amounting to deliberate indifference to her constitutional right.

Aubuchon v. County of Maricopa · filed 2018-01-03

And, Aubuchon’s Monell claim' fails because she has not established that the County had a policy that “amounts to deliberate indifference to [her] constitutional right.” Daugherty v. City of Covina, 654 F.3d 892, 900 (9th Cir. 2011) (citation omitted).

Section 1983 permits liability against a sheriff’s office for an unconstitutional employment decision made by the sheriff when state law gives the sheriff final policymaking authority over deputies’ employment.

Tonjes v. Park Cnty. Sheriff's Office · filed 2018-01-04

But C.R.S. § 30-10-506 plainly makes the sheriff the final policymaker for the Sheriff's Office with respect to employment of deputies, and if the sheriff acted unconstitutionally in those duties, the Sheriff's Office can be held liable for his actions.

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

Hilton v. Mish · filed 2018-01-05

However, the policy did not sanction or order Mish to defame the Hiltons to third parties, and the complaint contains no competent allegations to the contrary. Therefore, the “affirmative link between the policy and the [] Constitutional violation” is missing, and accordingly, the complaint fails to plead facts that would support municipal liability.

Section 1983 requires a plaintiff seeking to hold the District of Columbia liable for an employee’s constitutional violation to allege a municipal policy or custom that caused it; a single incident does not establish a pervasive custom.

Jiggetts v. Cipullo · filed 2018-01-05

Here, the plaintiff has failed to sufficiently allege a District of Columbia policy or custom regarding a Superior Court employee’s ability to seek an arrest warrant, having alleged only a single incident of defendant Cipullo, or any other Superior Court employee, allegedly using the color of his or her office to “seek out a warrant for someone’s arrest,” i.e., defendant Cipullo’s actions with regard to the plaintiff in November 2014. ... Accordingly, the Court concludes that the plaintiff’s proposed § 1983 claim against the District of Columbia cannot be a basis for the amendment of his complaint because it would be futile to permit him to do so.

Section 1983 does not allow a city to be held vicariously liable for the actions of its police officers or prison medical staff.

Davis v. City of Phila. · filed 2018-01-05

To the extent that Plaintiff's Count I attempts (again) to hold the City vicariously liable for the actions of the individual police officers or Riverside's medical staff, it is dismissed as to the City with prejudice.

Section 1983 does not impose respondeat superior liability on municipalities; municipal liability requires a policy or custom that caused the violation.

Charles v. Wiberg · filed 2018-01-08

Municipalities like the City “cannot be held liable under § 1983 on a respondeat superior theory.”

A municipality cannot be held liable under § 1983 without an underlying constitutional violation.

Turkos v. Borough of Dupont · filed 2018-01-09

Accordingly, it necessarily follows that Dupont Borough cannot be held liable under § 1983.

Section 1983 permits municipal liability when an employee's constitutional violation was caused by a municipal policy or custom.

Brown v. City of Atlanta · filed 2018-01-09

Thus, to impose Section 1983 liability on a municipality, a plaintiff must show that a municipal employee or agent committed a constitutional violation, and did so based on a municipal policy or custom.

Section 1983 permits municipal liability for a municipality’s own unlawful acts, but not vicarious liability for its employees’ actions.

D.H. v. City of N.Y. · filed 2018-01-09

Under sections 1981 and 1983, a municipality is responsible for only "their own illegal acts" and "cannot be held 'vicariously liable ... for their employees' actions."

Section 1983 requires a plausible allegation that an official policy or custom caused the constitutional deprivation to hold a local governmental entity liable.

Fonza v. Chicago Public Schools District 299 · filed 2018-01-09

Plaintiff has failed to respond to this argument, thereby waiving her right to do so, and she has not alleged anything that the court understands as an official policy of the Board of Education or KIPP. Accordingly, the Board and KIPP are dismissed as defendants from all of plaintiff’s Section 1983 claims, Counts I, II and III.

Section 1983 provides no basis for municipal liability when there is no underlying constitutional violation.

Walston v. City of N.Y. · filed 2018-01-10

Where there is no underlying constitutional violation, there is no basis for a claim of municipal liability.

Section 1983 permits a municipal liability claim for failure to discipline officers when the complaint plausibly alleges a widespread custom, policymaker knowledge, and a causal link to the constitutional violation.

Ramirez v. Escajeda · filed 2018-01-11

Therefore, Plaintiffs have plausibly stated all three elements of a Monell claim for failure to discipline. Accordingly, the Court DENIES the City of El Paso's Motion to Dismiss Plaintiffs' failure-to-discipline claim.

Section 1983 permits municipal liability when a municipal policy or custom causes a deprivation of federal rights, but a municipality is not liable merely because it employs the person responsible.

Asbury v. Ritchie County Commission · filed 2018-01-16

Therefore, for the reasons discussed, the Court finds that neither Backus nor Barniak had final policymaking authority, and that Asbury has failed to demonstrate that any deliberate action by the Commission was the moving force behind the alleged deprivation of his rights.

Section 1983 permits municipal liability when a city's deliberate indifference to police misconduct causes a constitutional injury.

Hutchins v. McKay · filed 2018-01-16

Put differently, a reasonable jury could, based on the facts adduced by Plaintiff, conclude that the City was deliberately indifferent to the use of unnecessary and excessive force by officers on its police force and that such indifference was the moving force that led to the deprivation of Plaintiff's constitutional rights. Given this, Defendant City's motion for summary judgment on this count must be denied.

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

Hutchins v. City of Springfield · filed 2018-01-16

To establish municipal liability under 42 U.S.C. § 1983, in addition to establishing a constitutional deprivation, a plaintiff must prove that: “through its deliberate conduct, the municipality was the 'moving force' behind the injury alleged.”

A Section 1983 municipal liability claim must allege facts linking a constitutional violation to the municipality’s policy or custom.

Bowser v. Smith · filed 2018-01-18

Under the second requirement of the municipal liability claim, plaintiff must allege facts from which the Court may find causation, i.e., an affirmative or direct link between the constitutional violation and a policy or custom of the District.

A county is not liable under § 1983 for a clerk's firing decision without proof that the clerk had authority to set county hiring policy.

Curtis v. Breathitt Cnty. Fiscal Court · filed 2018-01-22

While the Court has found that Curtis cannot demonstrate an underlying violation of her constitutional rights, she has also failed to offer any evidence that Stevens, acting as county clerk when she terminated Curtis's employment, was acting as a county policymaker. ... Curtis has not shown that the county clerk had the authority to establish county hiring policy.

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

Bordock v. City of Eufaula · filed 2018-01-23

Although the City acknowledged in its motion to dismiss that its police department carried out the arrest, the complaint itself alleges no connection between the arrest and any City policy or custom.

Section 1983 holds a school district liable only when an official policy or custom attributable to a policymaker is the moving force behind a constitutional violation.

Rodriguez v. Houston Independent School District · filed 2018-01-23

Rather, municipal liability under Section 1983 requires three elements: (1) a policymaker; (2) an official policy; and (3) a violation of constitutional rights whose “moving force” is the policy or custom.

A county cannot be held liable under § 1983 when the complaint identifies no unconstitutional county custom or policy.

Reuter v. Borbonus · filed 2018-01-25

Upon careful review, we conclude that the dismissal was proper, as Judge Borbonus and the State were immune from suit, and the complaint did not identify an unconstitutional County custom or policy.

Section 1983 does not make a city liable for a mayor’s firing decision when the city council must approve it before it becomes final.

Young v. City of Idabel · filed 2018-01-26

Without the individual-capacity claims, Mr. Young’s § 1983 appeal raises only one issue: whether he has shown that the City engaged in a policy of discrimination sufficient to establish municipal liability. ... We apply that framework here and conclude that Ms. Foshee-Thomas did not have final policymaking authority.

Section 1983 permits a school district to be held liable when its official policy causes a constitutional injury.

Eagle Point Education Ass'n/SOBC/OEA v. Jackson County School District No. 9 · filed 2018-01-26

Rather, the District is liable because its Resolution on Signs and Banners caused the harm inflicted on Boyer.

Section 1983 permits county liability for an officer’s constitutional violation when an official policy, custom, or practice caused it.

Stuart v. Combs · filed 2018-01-29

To establish Miller County’s liability under section 1983, “plaintiff must show that a constitutional violation was committed pursuant to an official custom, policy, or practice of the governmental entity.” ... In this case, Plaintiff has not described any custom or policy of the MCDC that caused any alleged violation of his constitutional rights.

Section 1983 requires evidence of a municipal policy or custom to support an official-capacity claim against municipal officers.

Traversie v. Starr · filed 2018-01-30

To survive a motion for summary judgment for a claim made against a municipality, a plaintiff must show some evidence that the claimed constitutional violation is more than a one-time occurrence, i.e. that the action was taken in accordance with a policy or custom or that the city failed to create a policy or custom despite a pattern of similar constitutional violations making additional policies necessary.

Section 1983 permits municipal liability only when a municipal custom, policy, or usage caused the deprivation of constitutional rights.

Deferio v. City of Syracuse · filed 2018-01-31

To establish municipal liability under § 1983, a plaintiff must plead and prove that the deprivation of his constitutional rights was "caused by a governmental custom, policy, or usage of the municipality."

Section 1983 requires facts showing that an official municipal policy or custom caused a constitutional violation to hold a city liable.

Ristow v. Hansen · filed 2018-02-01

As Ristow has not pleaded facts beyond conclusional allegations which demonstrate that his constitutional rights were violated or that any such violations were the result of an official policy promulgated by the municipal policymaker, he has failed to state a valid Monell claim against the City.

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

Rayborn v. Bossier Parish School System, et a · filed 2018-02-02

“Municipal liability under 42 U.S.C. § 1983 requires proof of 1) a policymaker; 2) an official policy; 3) and a violation of constitutional rights whose ‘moving force’ is the policy or custom.” ... But this does not show anything more than an isolated incident by municipal employees. The district court did not err in determining that there was no genuine issue of fact as to an underlying municipal policy.

Section 1983 treats official-capacity claims against county officials as claims against the county and requires a county policy or custom that caused the injury.

Ferrell v. Fitzpatrick · filed 2018-02-02

Mr. Ferrell’s official capacity claims are the equivalent of claims against Meade or Perkins County. ... Mr. Ferrell has not alleged the existence of any custom or policy of Meade or Perkins County that was a moving force behind the alleged constitutional violations.

Section 1983 permits official-capacity liability when a municipal policy or custom directly causes the alleged injury.

Poore v. Glanz · filed 2018-02-05

Under that test, “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.” Mocek v. City of Albuquerque, 813 F.3d 912, 933 (10th Cir. 2015) (quotation omitted). ... A jury could have concluded in light of the evidence presented that the jail’s policy as to housing juvenile females directly caused the sexual assaults Poore endured.

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

Emery v. Helder · filed 2018-02-05

To establish Washington County’s liability under § 1983, “plaintiff must show that a constitutional violation was committed pursuant to an official custom, policy, or practice of the governmental entity.”

A § 1983 claim against a city must allege facts supporting a reasonable inference that a specific city policy, custom, or practice caused a constitutional violation.

McAtee v. City of Chicago, a municipal corporation · filed 2018-02-05

Although a plaintiff asserting a Monell claim is not held to a heightened pleading standard, he must plead factual content sufficient to support a reasonable inference that the City maintained a specific policy, custom, or practice that caused a constitutional violation.

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

Bible v. Johnson · filed 2018-02-08

“A municipality can be liable under § 1983 only if a municipal policy or custom caused a plaintiff to be deprived of a federal right.” ... Here, Plaintiff makes no such showing. There is no basis on which Benton County may be held liable.

Section 1983 does not allow municipal liability under Monell without an underlying constitutional violation.

Shen v. City of N.Y. · filed 2018-02-09

Shen argues that the district court abused its discretion in denying him the opportunity to amend his complaint to clarify that Count 16, which was pleaded as a pendent state-law claim, was in fact a federal claim for Monell liability against the City pursuant to 42 U.S.C. § 1983. ... Moreover, any such amendment would have been futile, as Monell does not create liability absent an independent constitutional violation, see Segal v. City of N.Y., 459 F.3d 207, 219 (2d Cir. 2006), and the district court correctly granted summary judgment as to Shen’s underlying constitutional claims.

A municipality cannot be liable under § 1983 on a derivative Monell claim when its officers committed no constitutional violation.

Ray v. Cain · filed 2018-02-09

Our affirmance of the District Court’s judgment in favor of Markley and Cain is fatal to Ray’s Monell claim against the City of Washington.

Section 1983 permits municipal liability for failures to train, supervise, or discipline police officers when the requirements for municipal liability are met.

Adams v. City of Atl. City · filed 2018-02-13

The Court will grant summary judgment in favor of Atlantic City on Plaintiff's municipal liability claims based on failure to train the non-K-9 officers, and deny summary judgment with regard to the claims based on failure to supervise and discipline all officers, and failure to train the K-9 officers.

Section 1983 does not make a city liable merely because one of its employees violated someone's civil rights.

Ivery v. Baldauf · filed 2018-02-14

In other words, the City cannot be held liable based on the mere fact that one of its employees violated the plaintiff's civil rights.

Section 1983 requires a plaintiff suing a county through an officer’s official capacity to show that a county policy, custom, or practice caused a constitutional violation.

Owens v. Brown · filed 2018-02-14

Plaintiff’s allegation that Defendant Brown, on one occasion, brought him a Johnny Sack as a replacement for a full food tray without beans does not involve any official policy or custom of the MCDC. Accordingly, Plaintiff has a failed to state an official capacity claim against Miller County.

A Section 1983 failure-to-train claim against a municipality needs facts showing that the municipality disregarded a known risk and that inadequate training caused the injury.

Becky Hewes, Plaintiff v. Belknap County and E. Justin Blanchette, Defendants · filed 2018-02-15

The complaint alleges no facts from which a court might infer that the County disregarded a known risk, or facts that could support a finding that the County’s inadequate training of Blanchette caused plaintiff’s injury.

Section 1983 permits municipal liability when a municipal policy or custom directly causes the alleged injury; allegations of an isolated incident do not establish such a policy.

Scott v. Mid-Del Schools Board · filed 2018-02-15

“Municipalities can be liable under 42 U.S.C. § 1983 only for their own unlawful acts. Accordingly, to prove a § 1983 claim against a municipality, a plaintiff must show the existence of a municipal policy or custom which directly caused the alleged injury.” ... Accordingly, we hold that the complaint does not contain factual allegations sufficient to support a plausible inference that a School Board policy directly caused the injuries B.P. allegedly suffered, and the district court correctly dismissed these claims.

Section 1983 permits municipal liability for deficient care when an official policy or persistent, widespread practice shows deliberate indifference to its known or obvious consequences.

Hines v. Edwards · filed 2018-02-15

To impose liability on municipal actors for a custom or policy, a plaintiff must prove that the municipality adopted an official policy of, or engaged in a persistent and widespread practice of acting with, deliberate indifference to the known or obvious consequences of their conduct.

Section 1983 requires a direct causal link between a municipality’s lack of training and the deprivation of a constitutional right.

Okpoti v. Las Vegas Metropolitan Police Department · filed 2018-02-16

Furthermore, Okpoti presents no evidence of “a direct causal link between” the CLV’s lack of training policy for neurological conditions and any deprivation of his constitutional rights.

A city may be liable under § 1983 when its policymaking body deliberately approves the challenged conduct.

Tobias Partners, L.P. v. City of Los Angeles · filed 2018-02-20

The district court did not err in finding insufficient evidence for a reasonable jury to find that the City’s policymaking body made a deliberate choice to approve the assignment of a biased administrative appeal hearing officer such that the City may be held liable under 42 U.S.C. § 1983.

Section 1983 municipal liability requires a plausible constitutional violation by a municipal employee and a municipal policy or custom that caused the deprivation.

Hernandez v. Ellins · filed 2018-02-21

As explained above, in order to state a Section 1983 claim against a municipality, a plaintiff must allege sufficient facts to demonstrate that it is plausible that the municipal employee committed a constitutional violation, and that a municipal policy or custom was the moving force behind the constitutional deprivation. Here, Plaintiff fails to allege that any individual Defendant violated his First Amendment right to freedom of speech. In the absence of allegations that one of its employees committed such a constitutional violation, the Second Amended Complaint is insufficient to state a freedom of speech claim against Dona Ana County.

A § 1983 municipal liability claim requires facts connecting a municipality’s policy or custom to the alleged constitutional violation; a conclusory allegation is insufficient.

Gibson v. Greene County · filed 2018-02-21

The Amended Complaint’s conclusory allegation that Greene County had a policy or custom governing Cedar County deputies is insufficient to plead a basis for municipal liability under § 1983.

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

Heyward v. Hayward Police Department · filed 2018-02-22

The district court properly granted summary judgment on Heyward’s claim under Monell v. Department of Social Services, 436 U.S. 658 (1978), because Heyward failed to raise a triable dispute as to whether a constitutional deprivation resulted from an official policy, practice, or custom.

A municipality is liable under § 1983 only when its official policy or custom directly causes the plaintiff’s injury.

Parmelee v. Schnader · filed 2018-02-22

As to Goshen Township, a municipality can only be held liable on a §1983 claim if the plaintiff demonstrates that the injury suffered was a direct result of the city's official policy or custom.

Section 1983 requires facts supporting an inference that a widespread municipal policy or practice caused the alleged constitutional injury; unspecified complaints and lawsuits against officers do not suffice.

Boone v. City Of Chicago · filed 2018-02-22

These are bare factual allegations insufficient to create an inference that plaintiffs’ harm resulted from a widespread City policy or practice of failing to discipline officers.

Section 1983 requires a constitutional violation resulting from a municipality’s official custom, policy, or practice to establish municipal liability.

Nails v. City of Fullerton · filed 2018-02-23

The district court properly granted summary judgment on Nails’ claims against the City of Fullerton because Nails failed to raise a genuine dispute of material fact as to whether a constitutional violation resulted from an official custom, policy, or practice of the City of Fullerton.

Section 1983 claims against a municipality fail when no constitutional violation occurred.

Spencer v. City of Orlando, Florida · filed 2018-03-01

As did the district court, we conclude that because Marquis’ constitutional rights were not violated, Jacqueline’s claims against the City also necessarily fail.

Section 1983 requires facts showing that a municipal policy, practice, or custom caused the constitutional deprivation to hold a police department liable.

Albanese v. Las Vegas Metropolitan Police Department · filed 2018-03-01

The district court properly dismissed Albanese’s action because Albanese failed to allege facts sufficient to show that a constitutional deprivation resulted from an official policy, practice, or custom.

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

Ryan v. District of Columbia · filed 2018-03-02

Therefore, this Court finds that Ryan has failed to make the requisite showing of section 1983 municipal liability in support of the First Amendment claim, such that summary judgment must be granted in Defendants’ favor with respect to the sole federal claim in the instant complaint.

Section 1983 requires proof that municipal policymakers knew of an alleged custom and maintained it with deliberate indifference to the resulting risk of constitutional injury.

Malone v. City of Fort Worth · filed 2018-03-02

Therefore, although Malone has presented evidence demonstrating the presence of a custom or practice of regular police officers deferring to canine officers, he has not presented evidence showing Fort Worth's knowledge of that custom or practice, nor has he presented evidence demonstrating that any such practice or custom was maintained with deliberate indifference to the obvious consequence that Malone's rights would be violated.

Section 1983 municipal liability based on an unofficial custom requires evidence of widespread unconstitutional misconduct known to and unaddressed by policymaking officials.

Mick v. Raines · filed 2018-03-05

Just as citizens’ complaints were insufficient in Mettler, the affidavits of three detainees describing alleged constitutional violations are not sufficient to establish a genuine issue of material fact regarding whether there was a widespread custom or practice of unconstitutional misconduct, known to and unaddressed by policymaking officials.

Section 1983 requires a plaintiff bringing a conspiracy claim against a municipality to establish municipal liability under Monell.

Thomas v. City Of Blue Island · filed 2018-03-05

Plaintiff, however, cannot bring a § 1983 conspiracy claim against the municipality of Blue Island without establishing liability under Monell v. Dept. of Social Svcs., 436 U.S. 658 (1978).

Section 1983 does not impose municipal liability for failure to supervise based on mere negligence; deliberate indifference requires a conscious choice.

Outlaw v. City of Hartford · filed 2018-03-07

As discussed in Part III.A. above, a § 1983 claim for deliberate indifference by a municipality is not sustainable where its failure is attributable to mere negligence rather than to conscious choice.

Section 1983 requires a plaintiff seeking municipal liability to show a municipal custom or policy and a direct causal link to the alleged violation.

Sandberg v. Englewood, Colorado · filed 2018-03-07

“To establish municipal liability, a plaintiff must show (1) the existence of a municipal custom or policy and (2) a direct causal link between the custom or policy and the violation alleged.”

Section 1983 permits municipal liability when local officials exercise independent judgment in enforcing unconstitutional state requirements.

Neighborhoods v. Guadagno · filed 2018-03-08

Thus, the harm caused by the enforcement of invalid State requirements imposed upon petition circulators is one for which the non-State defendants were responsible. The local governments certified the results, and their employees were charged with carrying out those policies, regardless of who the individuals may have been. Hence the non-State defendants cannot escape Monell liability.

Section 1983 permits municipal liability under Monell only if there has been a constitutional violation.

Sakamoto v. Cnty. of L. A. · filed 2018-03-08

A municipality is only liable under Monell if there has been a constitutional violation. Because there has been no constitutional violation, Plaintiffs' Monell claim also fails as a matter of law.

Section 1983 requires a plaintiff seeking municipal liability to show an official policy or custom, a direct causal link to a constitutional injury, and deliberate indifference to an almost inevitable constitutional injury.

Dawson v. Board of County Commissioners · filed 2018-03-09

There are three requirements for municipal liability under 42 U.S.C. § 1983: (1) the existence of an official policy or custom; (2) a direct causal link between the policy or custom and the constitutional injury; and (3) that the defendant established the policy with deliberate indifference to an almost inevitable constitutional injury. ... However, we agree with the district court that Dawson fails to satisfy the third prong, and therefore cannot state a claim against defendants-appellees.

Section 1983 permits an official capacity claim against a county when a constitutional violation results from the county’s policy, custom, or practice.

Ward v. Rice · filed 2018-03-12

To establish Union County’s liability under section 1983, “plaintiff must show that a constitutional violation was committed pursuant to an official custom, policy, or practice of the governmental entity.”

A municipality is liable under Section 1983 only if its policy or custom caused the constitutional wrong.

Kraman v. Hoskinson · filed 2018-03-12

A municipal entity may be liable under section 1983 only if the constitutional wrong was caused by the municipality's "policy or custom."

Section 1983 municipal liability requires a plausible allegation that the city was deliberately indifferent to constitutional violations caused by its policy or custom.

Stepanovich v. City of Naples · filed 2018-03-13

Plaintiffs’ second amended complaint failed to allege facts sufficient to state a plausible claim that the City was deliberately indifferent to, and therefore ... culpable for a custom or practice that led to a violation of their constitutional rights.

Section 1983 does not make a city liable merely because it employs officers who allegedly violated constitutional rights.

Adams v. City of Peoria, Illinois · filed 2018-03-13

The City cannot be held liable under § 1983 merely for employing the officers who allegedly violated Adams’s constitutional rights.

Section 1983 requires a plaintiff claiming municipal failure to supervise to show that a county policy or custom caused a constitutional violation.

Thompson v. Copeland · filed 2018-03-13

Thompson’s failure-to-supervise claims are unavailing for the independent reason that he failed to show that any violation of his constitutional rights was caused by a county “policy” or “governmental ‘custom.’”

Section 1983 does not make a municipality liable solely for an employee's misconduct; the plaintiff must show that a municipal policy or custom caused the constitutional violation.

Murphy v. City of Tulsa · filed 2018-03-13

Although Murphy has provided some evidence of a constitutional violation, a municipality cannot be liable under § 1983 solely because its employee caused injury or damage. Murphy has failed to produce evidence of the requisite unconstitutional policy or custom. The City is therefore entitled to the entry of summary judgment in its favor.

Section 1983 requires a plaintiff suing a city to adequately plead a policy or custom that caused the alleged constitutional violation, or a failure to train claim.

Mohamed Elhassan Mohamed, M. v. Irving Indep. Sch. Dist. · filed 2018-03-13

Specifically, even considering the amended pleadings, Mr. Mohamed has failed to adequately allege a policy or custom of the City that was the moving force behind the alleged Fourth Amendment constitutional violations, or adequately pleaded a failure to train claim.

Section 1983 permits municipal liability only when a municipal policy or custom caused the plaintiff’s injury.

Lawlor v. Metropolitan Water Reclamation District of Greater Chicago · filed 2018-03-13

In order to find a municipality liable under § 1983, Plaintiffs must prove that a municipal policy or custom caused their injury.

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

Thornton v. City of Columbus · filed 2018-03-14

Because no constitutional violations occurred, the district court properly granted summary judgment on Thornton’s § 1983 claims against the City.

Complaints alone do not establish the clear and persistent pattern of illegal activity needed to hold a municipality liable under § 1983 for a custom of tolerance.

Stanfield v. City of Lima, Ohio · filed 2018-03-15

The mere existence of complaints, without more, is not sufficient evidence to allow a reasonable jury to find the existence of a clear and persistent pattern of illegal activity. ... Accordingly, the City of Lima and its police chief are not liable under § 1983.

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

Briggs v. Cnty. of Monroe · filed 2018-03-16

The Court agrees. A Monell claim fails if there is no underlying constitutional violation.

A § 1983 claim against a city must allege a policy that led to a constitutional violation; general allegations that the city permitted violations are insufficient.

Bryan v. City of Carlsbad · filed 2018-03-19

But as Defendants correctly point out, she has not adequately alleged any policy that led to any constitutional violation. She does nothing more than allege, in very general terms, that the City had a policy of permitting constitutional violations and abuses, and that it knew Rudinger was dishonest and corrupt. (Compl., ¶¶ 46-49.) This does not meet the pleading standard.

Section 1983 permits a municipal liability claim to proceed when a complaint alleges injury from an action directed by an official with final authority over that action.

Stuart v. Town of Framingham & Brian Simoneau · filed 2018-03-20

The court need not resolve this issue as Defendants concede that the police chief does have the final authority to discipline and place police officers on administrative leave. In addition to his termination, Plaintiff also alleges that he was placed on administrative leave at the direction of the police chief, and that the administrative leave is also the basis for his municipal liability claim. First Am. Compl. ¶¶ 78, 105. At the motion to dismiss stage, Plaintiff has sufficiently pled municipal liability under § 1983.

Section 1983 permits municipal liability when a final policymaker causes a constitutional injury; allegations that a police chief directed an officer’s administrative leave can suffice at the pleadings stage.

Stuart v. City of Framingham · filed 2018-03-20

At the motion to dismiss stage, Plaintiff has sufficiently pled municipal liability under §1983.

Section 1983 municipal liability requires evidence of a municipal custom or policy directly linked to an alleged constitutional violation.

Brogan v. Tunkhannock Twp. · filed 2018-03-21

Thus, for the aforementioned reasons, as well as those set forth in the R & R, Plaintiff has failed to demonstrate a triable dispute of fact with respect to the existence of any municipal custom or policy which provided a direct causal link with any alleged constitutional violation.

Under a municipal policy or custom theory, § 1983 liability requires an underlying constitutional violation by an employee.

Nassar v. Ruze · filed 2018-03-21

Because the individual Defendants did not violate Plaintiff’s constitutional rights, and Plaintiff has not shown a constitutional violation by any other employee of MPCH, Plaintiff’s § 1983 claims against MPCH cannot survive Defendants’ motion for summary judgment.

Section 1983 permits a claim against a city when its gross negligence or deliberate indifference to an officer’s unconstitutional actions is sufficiently alleged.

Scollar v. City of New York · filed 2018-03-22

Accordingly, contrary to the City's arguments, plaintiff has stated a claim for holding the City liable under § 1983 on account of its gross negligence or deliberate indifference to DeBellis's unconstitutional actions ( see Manti v New York City Tr. Auth ., 165 AD2d 373, 379-380 [1st Dept 1991] [complaint's allegation that New York City Transit Authority failed to supervise its bus unit sufficiently alleged the defendant's deliberate indifference to the plaintiffs' constitutional rights in violation of 42 USC § 1983]; Pendleton v City of New York , 44 AD3d 733 [2d Dept 2007]; Poe v Leonard , 282 F3d 123, 140 [2d Cir 2002]).

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

Richmond v. Huq · filed 2018-03-22

Because there exist material questions of fact as to whether the actions of the Jail medical staff violated Richmond’s right to be free from deliberate indifference to her serious medical needs and whether such actions were a part of the practice or custom of the Jail, the district court’s grant of summary judgment on this claim was improper.

Section 1983 requires a plaintiff suing a municipality to plausibly allege that its policy or custom caused a violation of federal rights; conclusory claims of inadequate police training or supervision do not suffice.

Spiller v. District of Columbia · filed 2018-03-23

Stating a claim under § 1983 against the District requires the plaintiff to “allege not only a violation of [his or her] rights under the Constitution or federal law, but also that the municipality’s custom or policy caused the violation.” Warren v. District of Columbia, 353 F.3d 36, 38 (D.C. Cir. 2004). ... The complaint contains only conclusory references to the District’s failure to train and supervise officers adequately, without any attempt to specify a causal connection between any policy or custom and the complained of behavior.

Section 1983 requires a plaintiff seeking to hold a school board liable to plausibly allege that a policy, custom, or act of a final policymaker caused the injury.

Burton v. Chicago Public Schools · filed 2018-03-23

Therefore, the Court grants Defendants’ motion to dismiss Plaintiff’s § 1983 claim because she has failed to plausibly allege Monell liability against the Board.

A Section 1983 claim against a local government must plead facts showing that an official policy or custom caused the injury.

Wilkes v. Raleigh County · filed 2018-03-27

The Court finds that the Plaintiff has failed to sufficiently plead a violation of an official policy or custom such that Raleigh County can be held liable for the Plaintiff’s Section 1983 claims.

Section 1983 requires facts supporting a municipal policy or practice that caused the alleged deprivation.

Alexenko v. Hoffman · filed 2018-03-27

But Alexenko must still provide some facts to support his claim that the City has a policy or practice of allowing officers to take individuals’ personal property without cause, which Alexenko has failed to do.

Section 1983 requires a plaintiff seeking to hold a local government liable to plead a policy or custom that caused the alleged injury; one incident of unconstitutional activity is insufficient.

Ali v. Raleigh County · filed 2018-03-29

The Court finds the Plaintiff has failed to sufficiently plead a policy or custom such that Raleigh County can be held liable for the Plaintiff’s Section 1983 claims.

A Section 1983 claim against a municipality requires an adequate allegation that the challenged acts resulted from an official municipal policy or custom.

Thompson v. City of New York · filed 2018-03-29

The claim brought under 42 USC § 1983 must be dismissed because plaintiff failed to adequately allege that the challenged acts of the police were the result of an official municipal policy or custom ( see Monell v New York City Dept. of Social Servs. , 436 US 658, 690-691 [1978]; Leftenant at 597).

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

Gem Fin. Serv., Inc. v. City of N.Y. · filed 2018-03-29

In order to sustain a claim for relief pursuant to section 1983 against a municipal defendant, a plaintiff must show the existence of an official policy or custom that caused injury, and a direct causal connection between that policy or custom and the deprivation of a constitutional right.

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

Grimes v. Dist. of Columbia · filed 2018-03-30

In order to prevail on her constitutional claim against the District, plaintiff must show that (i) a constitutional violation occurred, and (ii) the District was "the moving force of the constitutional violation," i.e. , that an official policy or custom of the District caused the constitutional injury.

Section 1983 does not make a city liable for a municipal court’s judicial orders, even if the court misapplied state law.

Hunter v. Etowah Cnty. Court Referral Program, LLC · filed 2018-03-30

As an initial matter, Moore makes it clear that the City cannot be held liable under § 1983 for AMC orders that required Plaintiffs to restart the CRP.

Section 1983 permits municipal liability when a county delegates final policymaking authority to employees whose discretion is unconstrained and unreviewed, or when their conduct establishes a custom causing a constitutional injury.

Howard v. Wilkinson · filed 2018-04-02

The Complaint alleges that the County delegated final policymaking authority to the Nurse Defendants, whose discretion was not constrained by official policies or subject to review. Moreover, the Complaint's recounting of four separate Jail nurses visiting Mr. Howard as he lay dying in his cell, and failing to provide him medical care in the face of a patently obvious serious medical need, plausibly alleges a "custom" supporting municipal liability. Orange County's motion to dismiss is therefore due to be denied.

Section 1983 permits an official-capacity claim against a county only when a county policy, custom, or practice caused the constitutional violation.

Hendrickson v. Schuster · filed 2018-04-02

As no facts establish that Washington County had a custom, policy, or practice of failing to protect sexual offenders from attack by other sexual offenders, Plaintiff's official- capacity claim based on a failure to protect is dismissed.

Section 1983 requires a plaintiff seeking to hold a government entity liable for its employees’ conduct to show that the entity acted deliberately or culpably through its custom, policy, or practice.

Nolan v. City of Billings · filed 2018-04-03

Instead, 42 U.S.C. § 1983 provides citizens a civil remedy, and a plaintiff must demonstrate that the government entity itself acted deliberately or culpably through its custom, policy, or practice to establish liability for conduct of its employees.

Section 1983 municipal liability requires facts identifying a municipal policy or custom and a causal link between it and the plaintiff's injury.

Winfield v. Town of Andover · filed 2018-04-04

The Winfields have not pled sufficient facts to support a Monell claim because they fail to identify a municipal policy or custom and also fail to show the causal link between the policy or custom and their injury.

A municipality is liable under § 1983 only when an official policy or custom causes a denial of constitutional rights.

Douglas v. City of New York · filed 2018-04-05

To succeed on a Monell claim, a plaintiff must show that “(1) an official policy or custom [] (2) caused him to be subjected to (3) a denial of a constitutional right.” Batista v. Rodriguez, 702 F.2d 393, 397 (2d Cir. 1983). We agree with the district court that Appellant has not provided sufficient evidence of an official policy or custom. Nor has Appellant shown that any such policy or custom caused a denial of his rights. Accordingly, we affirm the district court’s grant of summary judgment on Appellant’s Monell claim.

Section 1983 permits claims against a municipality based on a constitutionally deficient policy, a tolerated custom, or inadequate training.

Small v. City of New York · filed 2018-04-10

Plaintiffs failed to show that the evidence requires, as a matter of law, a finding that the protocol relied on by defendants in this appeal was constitutionally deficient, or that defendants tolerated a custom of failing to enforce the policy, or failed adequately to train their personnel in any such protocol.

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

Scalia v. Cnty. of Kern · filed 2018-04-10

Instead, a municipality can only be held liable for injuries caused by the execution of its policy or custom or by those whose edicts or acts may fairly be said to represent official policy.

A municipality can be liable under § 1983 for a single unconstitutional decision by an official with final policymaking authority.

Timothy Allen Davis, Sr. v. City of Apopka · filed 2018-04-12

But Davis stated a claim for relief against the City based on a single decision by a final policymaker.

Section 1983 does not impose municipal liability absent a constitutional violation by a city employee.

Norman Whitney, Sr. v. City of St. Louis, Missouri · filed 2018-04-12

It follows that, absent a constitutional violation by a city employee, there can be no § 1983 or Monell liability for the City.

Section 1983 requires a plaintiff seeking municipal liability to identify a policy or custom that caused the injury and show that the municipality was the moving force behind the alleged constitutional violation.

Assenberg v. Whitman County · filed 2018-04-12

Municipal liability under 42 U.S.C. § 1983 requires Appellants “identify a municipal ‘policy’ or ‘custom’ that caused the plaintiff’s injury” and that the municipality “was the ‘moving force’” behind the alleged constitutional violation. Bd. of Cty. Comm’rs v. Brown, 520 U.S. 397, 403-04 (1997). Appellants’ contention that “the creation of the Drug Task Force can be construed as official policy or custom leading to the constitutional deprivations” is insufficient to meet this burden.

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

Winters v. Ranum · filed 2018-04-13

But there can be no municipal liability under § 1983 absent a constitutional violation.

Section 1983’s Monell theory of liability applies to municipalities, not states or state agencies.

Stevenson v. City of Chicago · filed 2018-04-13

In addition to ISP’s Eleventh Amendment immunity, it is well-established that Monell applies only to municipalities, not states. ... Because ISP is an arm of the state and not of a municipality, Plaintiffs’ Monell claim against ISP fails.

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

Lath v. City of Manchester, et al. · filed 2018-04-17

Because Lath’s proposed SAC does not adequately allege that he was injured as a result of any policy implemented by the City, his new Cause 1 does not state a claim upon which relief can be granted.

Section 1983 permits a claim against a city when its policy or custom causes a constitutional violation; broad allegations and one incident do not establish such a policy or custom.

Floyd v. City of Miami Beach · filed 2018-04-17

A city can be liable under § 1983 when its “policy” or “custom” causes a constitutional violation. ... As for Floyd’s claim against the City, we agree with the district court that the complaint is insufficient to state a claim to relief. Besides his own experience, Floyd offers only broad, conclusory allegations about the City’s policies or customs. That is not enough.