42 U.S.C. § 1983

Section 1983 municipal liability requires a policy or custom to be the moving force behind the constitutional injury.

Koistra v. Cnty. of San Diego · filed 2018-04-19

As a result, the Court finds Koistra has failed to prove that the "bite and hold policy" was the "moving force" of her injuries.

Section 1983 claims for failure to train or inadequate screening and hiring cannot survive without an underlying constitutional violation.

Romero v. City of Grapevine, Texas · filed 2018-04-20

Because Romero has failed to demonstrate that Villalpando’s Fourth Amendment rights were violated, her claims against the City and Salame for failure to train and inadequate screening/hiring cannot survive.

Section 1983 requires a plaintiff seeking municipal liability to adequately allege that an official policy or custom caused the deprivation of rights.

Borisovski v. Metropolitan Transp. Auth. · filed 2018-04-23

Plaintiff failed to make sufficiently specific allegations of fact indicating that he was deprived of his constitutional rights ( see Alfaro Motors, Inc. v Ward , 814 F2d 883, 887 [2nd Cir 1987]), and failed to adequately allege that the act that allegedly deprived him of his rights was 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]; Thompson v City of New York , __ AD3d __, 2018 NY Slip Op 02267 [1st Dept 2018]).

A county cannot be liable under § 1983 for officials’ inaction when that inaction did not cause the alleged deprivation.

Moya v. Garcia · filed 2018-04-24

But, as discussed above, the sheriff and wardens did not cause the arraignment delays. Thus, the county could not incur liability under § 1983 on the basis of the alleged inaction.

A § 1983 claim against a municipal entity must adequately plead Monell liability.

Porter v. Board Of Education Of The City Of Chicago · filed 2018-04-25

Because Porter’s claim against the Board is barred by res judicata, and is otherwise insufficient to state a claim for Monell liability, the Court grants the Board’s motion to dismiss.

Section 1983 requires a plaintiff seeking municipal liability to identify a municipal policy, practice, or procedure that caused the injury.

Martin v. Cook County, Illinois · filed 2018-04-25

Likewise, because Martin identifies no County policies, practices, or procedures that injured her, Doc. 46 at ¶¶ 198-204, her allegations against Cook County under Monell v. Department of Social Services of the City of New York, 436 U.S. 658 (1978), fail to state a claim as well.

A municipality cannot be liable under § 1983 when the underlying constitutional claims fail.

Kye Barker v. Town of Ruston · filed 2018-04-30

Finally, there can be no municipal liability under Monell v. Department of Social Services of New York, 436 U.S. 658 (1978) because the underlying constitutional claims were appropriately dismissed.

Section 1983 does not make municipalities vicariously liable for their employees' acts.

Alwan v. City of N.Y. · filed 2018-05-01

Municipalities cannot be vicariously liable under § 1983 for their employees' acts.

Section 1983 permits a claim against a municipality when its policy or custom causes a constitutional violation.

Proctor v. District of Columbia · filed 2018-05-02

Even if the destruction of Plaintiffs’ property were unconstitutional, Plaintiffs have not shown that it took place under a custom of the District of Columbia that is actionable under Section 1983.

Section 1983 permits municipal liability for an unconstitutional policy or custom even when no official has been found personally liable.

Webb v. City of Maplewood · filed 2018-05-04

We have long held for that reason that a municipality may be held liable for its unconstitutional policy or custom even when no official has been found personally liable for his conduct under the policy or custom.

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

Johnson v. United States · filed 2018-05-09

The district court did not err in finding Johnson’s allegations do not support municipal liability against San Francisco under 42 U.S.C. § 1983. Johnson fails to allege “a government’s policy or custom” that caused his injury.

A county may be liable under Section 1983 when officials’ deliberate indifference follows an official policy, custom, or practice; a factual dispute over a final policymaker’s ratification can defeat summary judgment.

Parks v. Sebastian County, Arkansas · filed 2018-05-14

For the County to be liable, the deliberate indifference of its officials must have been “pursuant to an official custom, policy, or practice of the governmental entity.” ... Finally, Plaintiff has cited evidence establishing a genuine dispute of material fact with respect to whether Hollenbeck ratified unconstitutional conduct by Detention Center personnel as conforming with official policy. For these reasons, summary judgment is improper for Defendant Sebastian County, Arkansas.

Section 1983 does not impose vicarious liability on a municipality for its employees’ acts; municipal liability requires a policy or custom that caused the injury.

Brown v. Lucas · filed 2018-05-14

However, a municipality may not be held vicariously liable under § 1983 for the acts of its employees or agents.

Section 1983 permits a municipal liability claim to proceed when the plaintiff pleads facts supporting deliberate indifference through a failure to train staff.

Thomas v. Cnty. of Chester · filed 2018-05-15

Accepting all factual allegations as true, the Court finds that Plaintiff has stated sufficient facts for the § 1983 claims to proceed on a deliberate indifference theory.

Section 1983 does not impose vicarious liability on a municipality; the plaintiff must show that a municipal policy or custom caused the deprivation of rights.

Kiernan v. Town of Southampton · filed 2018-05-17

There is no vicarious liability in a Section 1983 action. The Town’s liability therefore cannot be based on a theory of respondeat superior stemming from Wilson’s actions as Chief of Police. ... Kiernan must instead show that the deprivation of his First Amendment rights resulted from a policy or custom of the municipality.

Section 1983 does not permit municipal liability under a ratification theory when no underlying constitutional violation occurred.

Mazoch v. Carrizales · filed 2018-05-18

Further, because there is no underlying constitutional violation, the City of Stafford also cannot be held liable under a ratification theory.

An officer’s failure to follow a county policy does not by itself establish county liability under § 1983.

Solomon v. Hensley · filed 2018-05-18

Defendant Hensley and Adams’ alleged failure to abide by Miller County’s policy does not subject Miller County to liability under section 1983.

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

Burgess v. City of Sioux Falls · filed 2018-05-21

Because Burgess has failed to state a viable claim for any constitutional deprivation in connection with the events that occurred here, the City cannot be liable.

Section 1983 permits municipal liability for injuries caused by a city policy or custom, but not solely because the city employs the wrongdoer.

Kasselder v. City of Mitchell · filed 2018-05-24

Municipal entities are subject to liability under § 1983 but not based on respondeat superior. ... Thus, the court denies the motion for summary judgment as to the City of Mitchell pending further discovery.

A § 1983 claim against a city based on an officer’s conduct must allege that the officer worked for the city.

Johnson v. City of Lakewood · filed 2018-05-25

The district court properly dismissed Johnson’s claims against the City of Lakewood because Johnson failed to allege Officer Mills was a Lakewood employee.

A municipality is liable under § 1983 only when its policy or custom directly causes a constitutional violation; an officer’s departure from a lawful practice does not make the municipality liable.

Hernandez v. Colon · filed 2018-05-25

Plaintiff has not established a "'direct causal link'" between the City's custom when participating in utility shut-offs and the deprivation of her constitutional right. ... The fact that Morales did not follow this practice does not make the City liable.

Section 1983 permits municipal liability for a single constitutional violation committed by an official acting as a final policymaker.

Wright v. Fentress Cnty. · filed 2018-05-29

Rather, Wright alleges a transient constitutional violation by Sheriff Cravens acting in his role as a policymaker for the Fentress County jail. That, too, can be a basis for municipal liability because of the way the Supreme Court has defined "policy" and custom" for purposes of Section 1983.

Section 1983 permits municipal liability for a contractor's policy when the municipality delegates final policymaking authority to the contractor.

Estate of Walter v. Corr. Healthcare Cos. · filed 2018-05-29

Thus, CHC's policies became the County's policies. And there is a genuine dispute of material fact over whether CHC's "no benzo" policy was a moving force behind Walter's death.

Section 1983 requires a plaintiff seeking to hold a county liable to show that a constitutional violation was committed pursuant to the county’s official custom, policy, or practice.

Beaty v. Sheriff Jackie Runion · filed 2018-05-29

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.”

Section 1983 requires an official policy or custom giving rise to an alleged constitutional deprivation to hold a city liable.

Paige-El v. Herbert · filed 2018-05-30

Paige-El failed to allege any official policy or custom giving rise to the alleged deprivations of her constitutional rights, as required to hold the City liable.

Section 1983 permits a municipal liability claim to proceed when the complaint plausibly alleges a county policy or custom.

Lapachet v. Cal. Forensic Med. Grp., Inc. · filed 2018-06-01

Viewing the complaint as a whole, the court finds that the complaint contains a sufficient quantum of factual allegations to plausibly allege the existence of a policy or custom under Monell . Accordingly, defendants' motion to dismiss the Monell claim against the County will be denied.

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

Williams v. City of Chi. · filed 2018-06-01

Turning next to Williams's claim against the City, the City can be subject to § 1983 liability under Monell , "if the unconstitutional act complained of is caused by: (1) an official policy adopted and promulgated by its officers; (2) a practice or custom that, although not officially authorized, is widespread and well settled; or (3) an official with final policy-making authority." ... Based on these allegations, Williams has sufficiently pled that the City has a policy or custom that violates the Constitution.

Section 1983 does not impose respondeat superior liability on a municipality or supervisor; liability requires a constitutional violation resulting from a municipal policy or custom.

A.H. v. St. Louis County, Missouri · filed 2018-06-04

In an action under § 1983, a municipality such as St. Louis County and its supervisor cannot be liable on a respondeat superior theory, but can be held liable if a constitutional violation resulted from a municipal policy or custom.

A county cannot be sued under § 1983 when the complaint alleges no county policy or persistent practice connected to the claimed violations.

Jones v. White · filed 2018-06-05

Here, the plaintiff does not allege any persistent or widespread practice on the part of Hancock County in connection to his Sixth Amendment, Eighth Amendment, or any other claim. The plaintiff also does not allege that Hancock County policymakers had any actual or constructive knowledge of unconstitutional conduct, or that the policy makers were deliberately indifferent to any unconstitutional conduct. Thus, Hancock County cannot be sued under § 1983, and the plaintiff’s claims against Hancock County fail under Twombly.

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

D.S. v. City of New York · filed 2018-06-05

Municipal liability under 42 U.S.C. § 1983 arises when the challenged action was taken pursuant to a municipal policy or custom.

A city is liable under Section 1983 only when an official policy, a widespread custom, or an official with final policymaking authority causes the alleged constitutional violation.

Watkins v. City Of Chicago · filed 2018-06-05

The only defendant in this case is the City of Chicago, and a city can only be liable under Section 1983 “if the unconstitutional act complained of is caused by: (1) an official policy adopted and promulgated by its officers; (2) a governmental practice or custom that, although not officially authorized, is widespread and well settled; or (3) an official with final policy-making authority.” Thomas v. Cook Cty. Sheriff’s Dep’t, 604 F.3d 293, 303 (7th Cir. 2009); Monell v. N.Y. City Dept. of Social Servs., 436 U.S. 658, 690 (1978).

A municipality can satisfy § 1983’s color of law requirement when its policy itself causes the deprivation of a constitutional right, even if the officer involved was off duty.

Falcon v. City of Chicago · filed 2018-06-06

To succeed, the plaintiff must show that the policy itself caused the deprivation and, therefore, that the municipality is the state actor for purposes of the color of law requirement under § 1983.

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

Lewis v. District of Columbia Government · filed 2018-06-07

To hold a municipality liable under section 1983, a plaintiff must show “that [the city] maintained a policy or custom that caused the violation of his or her constitutional rights.” ... The Court, for the reasons just explained, finds that the District’s policy caused the Fourth Amendment violation.

A municipality may be liable under § 1983 when a municipal policy, custom, or decision by a final policymaker causes a violation of federal rights.

Dingwell v. Cossette · filed 2018-06-07

Thus, to hold a municipality liable under 42 U.S.C. § 1983, a plaintiff must prove that the asserted violation of a federally protected right was caused by a municipal policy, a municipal custom or practice, or the decision of a municipal policymaker with final policymaking authority. ... Therefore, the Court finds the Amended Complaint properly alleges a Monell claim on the basis that he was aware of and ordered his subordinates' unconstitutional actions or alternatively consciously ignored them.

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

Dean v. Searcey · filed 2018-06-11

A municipal entity, like Gage County, “may not be found liable unless action pursuant to official municipal policy of some nature caused a constitutional tort.”

Section 1983 makes local governments liable only for their own illegal acts, not vicariously for employees' actions.

Stamm v. Cnty. of Cheyenne · filed 2018-06-11

Finally, Plaintiffs' allegations against the County of Cheyenne and the City of Scottsbluff fail to state a claim upon which relief can be granted for the additional reason that under § 1983, local governments are responsible only for "their own illegal acts."

Section 1983 requires a plaintiff bringing an official-capacity claim against county officers to allege a constitutional violation tied to a county policy, custom, or practice.

Robinson v. Walker · filed 2018-06-18

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.” Moyle v. Anderson, 571 F.3d 814, 817 (8th Cir. 2009) (citation omitted). ... His claims do not suggest the existence of any policy, custom, or practice of Miller County. Accordingly, Plaintiff has failed to state a claim against Defendants in their official capacity.

Section 1983 liability attaches to a municipality only when its policy or custom causes the injury.

Olick v. Commonwealth of Pennsylvania · filed 2018-06-19

We likewise agree with the District Court’s dismissal of Olick’s claims against City of Easton and the Easton Police Department, as Olick did not present any facts suggesting that the City or Police Department had a policy or custom of permitting its officers to use excessive force, make false arrests, or engage in malicious prosecution.

A § 1983 plaintiff seeking to hold a municipality liable must show that its policy or custom caused the alleged injury through the municipality’s deliberate conduct.

Tarapchak v. County of Lackawanna · filed 2018-06-19

Once a § 1983 plaintiff identifies a municipal policy or custom, she must “demonstrate that, through its deliberate conduct, the municipality was the moving force behind the injury alleged.”

A municipality cannot be liable under § 1983 for a policy or failure to train without an underlying constitutional violation.

Henning v. Casey · filed 2018-06-19

Without evidence that his constitutional rights were violated, Henning’s § 1983 municipal liability claim against Brevard County fails as a matter of law.

Section 1983 does not permit municipal liability when no municipal officer committed an underlying constitutional violation.

Allen v. Lang · filed 2018-06-20

Because we have concluded that the evidence fails to establish a constitutional violation by any of the individual defendants, the Town of Boynton cannot be held liable under § 1983.

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

Plummer v. District of Columbia · filed 2018-06-20

The Court also notes that, to the extent that Plummer asserts municipal liability under § 1983, he must show that a “policy or custom” of the District caused his purported constitutional injury. ... Plummer has failed to introduce sufficient evidence of such a policy or custom.

Section 1983 permits claims against municipalities and private contractors providing government services when an institutional policy causes a constitutional injury.

Vaught v. Quality Corr. Care, LLC · filed 2018-06-21

Municipal corporations, and private entities that contract with them to provide essential government services, may be liable under § 1983 for constitutional violations. ... For § 1983 liability to attach, a policy must give rise to the alleged constitutional harm.

A governmental entity cannot be held liable under § 1983 solely for an employee’s conduct; municipal liability requires a policy or custom that caused a constitutional violation.

Doe, John v. Saint. Paul Conservatory for the Performing Arts · filed 2018-06-25

A governmental entity, however, cannot be held liable under § 1983 on a respondeat superior theory. Monell v. Dep’t of Social Servs., 436 U.S. 658, 691 (1978). For municipal liability to attach under § 1983, a plaintiff must prove that a policy or custom was the “moving force [behind] the constitutional violation.”

Section 1983 permits a municipal liability claim when a city knows of a widespread practice that violates constitutional rights and fails to correct it.

Pimentel v. City of Methuen · filed 2018-06-26

Here, the complaint states a plausible Monell claim. It alleges that the city, despite being aware of the widespread use of the incorrect Spanish advice-of-rights form for 17 months, failed to rectify the practice, resulting in the violation of plaintiff's constitutional rights.

Section 1983 permits county liability when a constitutional violation is caused by an official policy, custom, or practice.

Forrester v. Runion · filed 2018-06-26

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.” ... Plaintiff has not identified any policy, custom, or practice of Miller County that was the moving force behind his allegations regarding the jail’s conditions or grievances.

Section 1983 permits liability against a municipality or comparable entity when its official policy, widespread custom, or final policymaker's action was the moving force behind a constitutional violation.

Brown v. Cook County · filed 2018-06-26

To hold a municipality or comparable entity liable for a constitutional violation pursuant to section 1983 and Monell, a plaintiff must show that an official policy, a widespread custom, or an action by an official with final policymaking authority was the "moving force" behind the alleged violation.

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

Burch v. Atlanta City Court · filed 2018-06-28

Burch failed to state a claim because she did not allege facts sufficient to demonstrate her injuries were caused by a custom or policy that was deliberately indifferent to her civil rights.

Section 1983 makes a municipality liable for a constitutional violation only when its policy, custom, or practice was the moving force behind it.

Taiwan Smart v. City of Miami · filed 2018-06-28

A municipality cannot be held liable under § 1983 for a constitutional violation based on the doctrine of respondeat superior. Liability attaches only if the constitutional violation resulted from a policy, custom, or practice of the municipality which was the moving force behind the violation.

Section 1983 requires a plaintiff seeking municipal liability to plausibly allege that a municipal policy or custom caused the constitutional violation; complaints made only after an incident do not establish that causal link.

Williams v. Ellerbe · filed 2018-06-29

To establish municipal liability under § 1983, Williams must demonstrate, first, that “there was an underlying constitutional [or statutory] violation” and, second, that “the municipality’s policy or custom caused the constitutional violation.”

Section 1983 permits municipal liability when a policy, practice, or custom causes a constitutional violation, but the claim requires an actual deprivation of a constitutional right.

Collins v. City of Colton · filed 2018-06-29

Pursuant to Monell v. Dep't of Soc. Servs. of the City of N.Y., 436 U.S. 658 (1978), municipalities may be held liable under § 1983 when "a policy, practice, or custom of the entity can be shown to be a moving force behind a violation of constitutional rights." Dougherty v. City of Covina, 654 F.3d 892, 900 (9th Cir. 2011) (citing Monell, 436 U.S. at 694). As a municipal liability claim requires the actual deprivation of a constitutional right, and we have found that summary judgment was proper as to the malicious prosecution claim against Detective Morenberg, summary judgment was likewise proper as to the City of Colton.

Section 1983 requires a plaintiff seeking to hold a local government liable to allege that an official policy or custom caused the violation of federal rights.

Wilk v. St. Lucie County FLA. Sheriff Office · filed 2018-07-02

The district court correctly dismissed Wilk’s claims against the former sheriffs and the deputies of Broward County and the officers of St. Lucie County because Wilk failed to allege that the officers’ violations of his rights were attributable to any official custom or policy.

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

Gartor Brown v. Delaware County Board of Priso · filed 2018-07-06

The District Court likewise correctly dismissed the claims against CEC and the Board of Inspectors as Brown failed to allege any constitutional violation attributable to these defendants’ customs or policies.

Section 1983 municipal liability requires facts identifying a policy, custom, or training deficiency and connecting it to the alleged constitutional violation.

Doe1 v. Boston Public Schools · filed 2018-07-06

Defendants are correct that the complaint does not identify or describe, even in the most general terms, any policy, custom, or training program that Plaintiffs contend led to the constitutional violation. Thus, the complaint also lacks any explanation as to the connection between the policy, custom, or training program and the constitutional violation.

Section 1983 does not impose municipal liability for a failure to adopt a policy when the officials’ alleged inaction did not cause the constitutional harm.

Moya v. Garcia · filed 2018-07-10

But, as discussed above, the sheriff and wardens did not cause the arraignment delays. Thus, the county could not incur liability under § 1983 on the basis of the alleged inaction.

Section 1983 requires a plaintiff seeking to hold an entity liable to allege that its policy or custom caused a constitutional violation.

Folk v. Prime Care Medical Inc · filed 2018-07-10

First, the District Court correctly concluded that Folk could not state a claim against the City of Harrisburg, Dauphin County Prison, Perry County Prison, the Perry County Prison Board, or PrimeCare because he did not allege that any constitutional violation stemmed from a policy or custom of any of these entities.

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

Vasquez v. Foxx · filed 2018-07-11

A municipality is subject to § 1983 liability only if one of its policies caused the constitutional injury.

Section 1983 permits municipal liability when a policy adopted under municipal authority causes a constitutional violation.

Association of Independent Schools of Greater Washington v. District of Columbia · filed 2018-07-11

To the extent, however, that there remains any confusion over whether the prior Opinion addressed a District policy, the Court now finds that the OSSE regulation more than suffices as a source of municipal liability under § 1983.

A municipality is liable under § 1983 only when a municipal policy or custom caused the constitutional deprivation; prior complaints against an officer alone do not establish such a policy or custom.

Esperanza v. City of N.Y. · filed 2018-07-12

Because Plaintiffs' allegations fail to establish a Monell claim, the Court grants the City's motion for summary judgment on that claim.

Section 1983 does not make a county liable for an employee’s conduct solely because the county employs that person.

Curtis v. Christian County, Missouri · filed 2018-07-17

Christian County may not be found liable under § 1983 based on a respondeat superior theory.

Section 1983 does not make a county liable solely because it employs a person who violated someone’s rights.

Bruce v. Cole · filed 2018-07-17

Christian County may not be found liable under § 1983 based on a respondeat superior theory.

Section 1983 does not make a county liable for an employee’s actions under respondeat superior.

Klossing v. Cole · filed 2018-07-17

Christian County may not be found liable under § 1983 based on a respondeat superior theory.

A § 1983 claim against a county requires evidence of an official policy or longstanding practice or custom; one isolated experience is insufficient.

Luci Hood v. County of King · filed 2018-07-18

Since there is no evidence that King County or any of its employees were acting pursuant to an official policy or a longstanding practice or custom, but instead Hood’s claim is based on her one experience, Hood’s § 1983 claim against King County was properly dismissed.

A Section 1983 municipal liability claim can survive a motion to dismiss when the plaintiff alleges that officer misconduct was caused by a municipal policy, custom, or practice.

Brewer v. City Of Chicago · filed 2018-07-18

These allegations are enough for Plaintiff's Monell claim to survive a motion to dismiss.

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

Eblen v. City of Kansas City, Missouri · filed 2018-07-18

A municipality’s liability under § 1983 can only occur when the government’s policy and custom inflicts the complained of harm.

Section 1983 permits a claim against a municipality when its widespread or well-settled practice or custom causes a constitutional violation.

Rodriguez v. The City of Chicago · filed 2018-07-19

A Monell claim allows a plaintiff to recover relief under Section 1983 against a municipality if it has a widespread or well-settled practice or custom that is responsible for or the moving force behind a constitutional violation.

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

Anderson v. Dist. of Columbia · filed 2018-07-20

Even if Mr. Anderson established a policy or custom, he has failed to show that the policy or custom caused his injury. ... Thus, the plaintiff has not alleged facts to support a claim that a District of Columbia policy or custom caused the alleged constitutional violation and injury.

Section 1983 generally requires a plaintiff alleging municipal liability for inadequate training to plead that the municipality had notice of a pattern of similar constitutional violations by its employees.

Lansberry v. Altoona Area Sch. Dist. · filed 2018-07-20

As noted above, to state a plausible claim for deliberate indifference in the § 1983 context, a plaintiff generally must allege that the government entity had notice of a pattern of similar constitutional violations by employees who had not been properly trained.

Section 1983 permits a claim against a municipality when the complaint plausibly alleges that its policy or custom caused a constitutional violation.

Laboy v. Ont. Cnty. · filed 2018-07-23

Nonetheless, at this stage of the proceedings, the Court concludes that Plaintiff has alleged enough facts tending to support, at least circumstantially, a plausible inference that the County had a municipal policy or custom favoring warrantless arrests inside an individual's home in violation of Payton . Thus, the allegations in the proposed amended complaint are sufficient to state a Monell claim.

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

Anderson v. District of Columbia · filed 2018-07-24

“A municipality can be liable under § 1983 only where its policies are the moving force [behind] the constitutional violation.” ... Thus, the plaintiff has not alleged facts to support a claim that a District of Columbia policy or custom caused the alleged constitutional violation and injury.

Section 1983 permits liability for a county’s outsourcing policy if the policy is facially unconstitutional or was adopted with deliberate indifference to its known or obvious consequences.

Medley v. Shelby Cty., Ky. · filed 2018-07-24

To prevail on that claim, Medley must prove that the County’s outsourcing policy is facially unconstitutional, or that it was adopted “with ‘deliberate indifference’ as to its known or obvious consequences.”

A plaintiff may plead a municipal practice claim under § 1983 based on the plaintiff’s own experience without identifying other incidents.

Garcia v. City Of Chicago · filed 2018-07-24

This means that a plaintiff need not identify other examples of the complained of practice in order to state a Monell claim but rather may rely solely on his own experience.

Section 1983 permits a claim against a local government when its policy or custom causes the alleged injury, but not solely because its employee caused it.

Gaylord v. City of Beckley, West Virginia · filed 2018-07-25

A local government cannot be sued under 42 U.S.C. § 1983 for injuries caused by its employees or agents unless it is the “execution of a government's policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy” that causes the injury.

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

Butler v. Lamont · filed 2018-07-26

A local government entity may be held liable under § 1983 only when the plaintiff demonstrates that the government entity itself caused the plaintiff’s injury through the implementation of a policy or custom.

Section 1983 permits a claim against a municipality when a plaintiff adequately alleges a discriminatory policy carried out by an official with policymaking authority.

Dickerson v. District of Columbia · filed 2018-07-26

In doing so, he has adequately pleaded the existence of a discriminatory policy of the District of Columbia, by and through its policymaker, Chancellor Rhee.

Section 1983 municipal liability based on inaction requires allegations that the municipality adopted a policy of inaction despite knowledge that its agents may be violating constitutional rights.

Burrell v. Shepard · filed 2018-07-27

Given these allegations, the Court finds that plaintiff has not pled that the District adopted a “policy of inaction” when faced with knowledge that its agents may be violating constitutional rights.

Section 1983 permits municipal liability when a municipality's detention policy causes a constitutional violation.

Parada v. Anoka Cnty. · filed 2018-07-30

Because Coon Rapids has a policy of detaining Hispanic individuals based on their perceived immigration status, the Court concludes that Parada states a Monell claim against Coon Rapids.

Section 1983 requires a plaintiff suing a county or sheriff's office to show that an agency policy or custom caused the constitutional injury.

Little Butte Prop. Owners Water Ass'n v. Bradley · filed 2018-07-30

To successfully advance a claim under section 1983 against Chelan County or the Chelan County Sheriff's Office, Mr. Bradley must show that an agency policy or custom caused his complained-of constitutional injury.

Section 1983 permits a municipal liability claim based on adequately alleged failures in policies or practices for detainees’ medical care.

Scott-Pitts v. County of Cook · filed 2018-07-30

In total, Count III survives to the extent that it alleges Dart’s failure to establish and/or implement policies, practices and procedures to ensure timely, regular, thorough and appropriate follow up monitoring and care for detainees with chronic asthma and the failure to adequately monitor the medical conditions of detainees with asthma.

Section 1983 permits a claim against a municipality when its policy causes a constitutional violation.

Parada v. Anoka County · filed 2018-07-30

Because Coon Rapids has a policy of detaining Hispanic individuals based on their perceived immigration status, the Court concludes that Parada states a Monell claim against Coon Rapids.

Section 1983 permits county liability for a sheriff’s law-enforcement acts when the sheriff has final policymaking authority for the county.

Melendres v. Maricopa County · filed 2018-07-31

We explained that “under the Supreme Court’s decisions interpreting 42 U.S.C. § 1983, ‘if the sheriff’s actions constitute county policy, then the county is liable for them.’” 815 F.3d at 650, quoting McMillian v. Monroe County, 520 U.S. 781, 783 (1997). Applying this rule, we concluded, “Arizona state law makes clear” that the MCSO sheriff’s “law-enforcement acts” constitute County policy because he has “final policymaking authority.” Melendres III, 815 F.3d at 650. ... The County is a proper party to this action.

A city is liable under section 1983 only if its own conduct was both a cause in fact and a proximate cause of the constitutional violation.

Silva v. San Pablo Police Dep't · filed 2018-08-01

Although Ninth Circuit case law on the ratification doctrine is somewhat unclear, a fundamental principle of section 1983 municipal liability is that a city is only liable if its conduct was the cause in fact and proximate cause of the constitutional violation that the plaintiff suffered.

A municipality can be liable under § 1983 for an unconstitutional policy made by an emergency manager who holds final decision-making authority for it.

Carthan v. Snyder Case No. 16-CV-10444 (In re Flint Water Cases) · filed 2018-08-01

A municipality is liable under § 1983 where the unconstitutional policy or decision may be said to have been promulgated by a final decision-maker. ... When an emergency manager is appointed to run a municipality, he or she becomes a final decision-maker for that municipality with respect to the areas in which he or she has assumed power.

Section 1983 requires a municipal policy that caused a constitutional injury to hold a municipality liable.

Running Shield v. Huether · filed 2018-08-01

Running Shield has not shown establishment of an official city policy that violated his constitutional rights.

A county cannot be held liable under § 1983 for an employee’s conduct when the plaintiff has not stated a § 1983 claim against that employee.

Durham v. Estate of Gus Losleben · filed 2018-08-03

And because Plaintiff has not stated a § 1983 claim against Losleben, neither can Plaintiff state a claim against Hardin County for municipal liability for a § 1983 violation.

Section 1983 does not impose municipal liability when the officer caused no underlying constitutional violation.

Galarza v. Monti · filed 2018-08-06

However, having found the Fourth and Fourteenth Amendment claims against Officer Monti fail as a matter of law, there can be no Monell liability with respect to those claims because there is no underlying constitutional violation.

Section 1983 requires a municipal policy or custom that causes a constitutional violation to hold a town liable.

T.K v. Barnstable Public Schools · filed 2018-08-06

Plaintiffs have failed to allege that T.K.’s harassment was part of any pattern or practice.

Section 1983 does not make a county liable for a district attorney’s state prosecution when the county did not cause or control the alleged violation.

Vandiver v. Meriwether Cnty. · filed 2018-08-07

It cannot be fairly said that the County caused the alleged malicious prosecution. This is because it was the district attorney, acting in his capacity as a state prosecutor, who brought the criminal charges against Vandiver.

Section 1983 requires proof that a county policy, custom, or practice caused a constitutional violation to hold the county liable on an official capacity claim.

Blake v. Moore · filed 2018-08-07

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.” Moyle v. Anderson, 571 F.3d 814, 817 (8th Cir. 2009) (citation omitted). ... Plaintiff has failed to produce evidence of any policy or custom of Miller County that contributed to the alleged violation of Plaintiff’s constitutional rights.

Section 1983 does not permit municipal liability under Monell without an underlying constitutional deprivation.

Valle v. City of Chi. · filed 2018-08-08

Because Plaintiff has failed to allege any underlying constitutional deprivation, he has likewise failed to state a Monell claim.

A municipality cannot be liable under Section 1983 on a Monell claim without an underlying constitutional violation.

Valle v. City of Chicago · filed 2018-08-08

Because Plaintiff has failed to allege any underlying constitutional deprivation, he has likewise failed to state a Monell claim.

Section 1983 municipal liability requires a constitutional violation caused by a municipal policy or custom; a failure to train can support liability when it amounts to deliberate indifference.

McGrew v. Duncan · filed 2018-08-10

"To succeed on a municipal liability claim, a plaintiff must establish that his or her constitutional rights were violated and that a policy or custom of the municipality was the 'moving force' behind the deprivation of the plaintiff's constitutional rights." ... McGrew has failed to allege a Monell claim in her Complaint, but has not provided any evidence to support such a claim.

Section 1983 permits liability against a school district only when its policy, custom, or practice causes a constitutional deprivation.

Leontiev v. Corbett Sch. Dist. · filed 2018-08-10

To hold a municipal entity liable under § 1983, a plaintiff must show that the entity itself caused the deprivation. ... Further, there is no evidence that any individual Defendants' actions arose from a School District policy, custom, or practice.

A municipal liability claim under § 1983 cannot proceed without an underlying constitutional violation.

Vega v. Chi. Bd. of Educ. · filed 2018-08-10

Absent an underlying First Amendment violation, Plaintiffs cannot maintain a Monell claim against the Board, so summary judgment is warranted on the Monell claim.

Section 1983 does not permit a Monell claim against a municipal body without an underlying constitutional violation.

Vega v. The Chicago Board of Education · filed 2018-08-10

Absent an underlying First Amendment violation, Plaintiffs cannot maintain a Monell claim against the Board, so summary judgment is warranted on the Monell claim.

Section 1983 does not impose municipal liability for an officer’s conduct based solely on respondeat superior; the plaintiff must identify a municipal policy or custom linked to the constitutional harm.

Atkinson v. Town of Ashburnham · filed 2018-08-10

Instead, Mr. Atkinson attempts to connect the alleged misconduct of Officer Kaddy to the Town in order to hold the Town liable on a theory of respondeat superior, which fails as a matter of law.

A § 1983 claim against a municipality fails when the complaint alleges no pattern of unconstitutional misconduct by its officials or employees.

Kludt v. Aitkin County MN · filed 2018-08-10

Neither Kludt’s complaint nor his objection allege a pattern of unconstitutional misconduct by Aitkin County officials or employees, even after construing the pleadings in the light most favorable to Kludt and drawing all inferences in his favor.

A municipal judge’s appealable ruling does not establish the final municipal policy required for liability under § 1983.

King v. The City of Crestwood, MO · filed 2018-08-13

We affirm the district court’s holding that no municipal liability under § 1983 is present because the municipal court’s ruling does not constitute a final municipal policy decision.

Section 1983 does not impose liability on a county for court actions when the county lacks final policymaking authority over the courts.

Higdon v. Judge Gail S. Tusan · filed 2018-08-14

As a result, Fulton County does not have final policymaking authority over the courts and cannot be subject to § 1983 liability in relation to the courts’ actions.

Section 1983 municipal liability requires an action taken under an official policy or by a county policymaker.

Nickler v. County of Clark · filed 2018-08-15

Additionally, Nickler’s claim for Monell liability must fail because she has not alleged that any actions taken against her were pursuant to an official policy or that any of the defendants involved were Clark County policymakers.

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

Boudreau v. Lussier · filed 2018-08-21

As for the City of Warwick -- while resolving that claim on qualified immunity grounds means that we need not reach the question of whether Detective Petit's search of Boudreau's computer violated the Fourth Amendment -- Boudreau's municipal liability claim fails because he has not met his burden of showing that the alleged constitutional violation was the result of Warwick policy or custom.

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

Taplin v. Multnomah County Health Svcs · filed 2018-08-21

The district court properly granted summary judgment for defendants Multnomah County Sheriff’s Office and Multnomah County Health Services because Taplin failed to raise a genuine dispute of material fact as to whether a policy or custom caused him to suffer constitutional injuries.

A complaint can state a § 1983 claim against a local government by plausibly alleging that its failure to train officials reflected deliberate indifference to constitutional rights.

Nichols v. County Commission of Cabell County · filed 2018-08-22

Because of the questionable circumstances surrounding Plaintiff’s termination, it can also be reasonably inferred that Defendant Cabell County failed to properly train Defendants Thompson and Smith, and that failure manifests a deliberate indifference to the rights of citizens. Thus, even if Plaintiff failed to meet the factual standard required to survive a 12(b)(6) motion to dismiss under the “custom or usage” theory available in Lytle, Plaintiff’s factual allegation in his complaint meets the 12(b)(6) standard on at least two of the other three theories of local government liability available in Lytle.

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

Hammon v. Township of Kennett · filed 2018-08-22

A municipality cannot be held liable where the plaintiff has experienced no violation of her constitutional rights. ... The Hammons have not demonstrated that their constitutional rights were violated because they have not shown that either a “special relationship” or state-created danger existed. Thus, the District Court properly dismissed the Monell claim.

Section 1983 permits a city to be held liable for acquiescing in an unconstitutional bail policy or practice by its municipal court and police when the city has authority to regulate bail.

Walker v. City of Calhoun, GA · filed 2018-08-22

The district court did not clearly err, then, in finding that the City could directly regulate bail if it wished to and so may be held responsible for acquiescing in an unconstitutional policy and practice by its Municipal Court and its police.

Section 1983 does not make a municipality liable solely because it employs an officer who allegedly committed misconduct; liability requires a municipal policy that caused the constitutional violation.

Boss v. City of Mesa · filed 2018-08-22

But a municipality cannot be held vicariously liable for an officer’s alleged misconduct solely because the municipality “employs a tortfeasor.”

Section 1983 permits a claim against a county only when an official policy, a widespread practice, or an official with final policy-making authority caused the alleged constitutional violation.

Thomas v. Dart · filed 2018-08-22

Again, the County can only be liable under Section 1983 if the alleged constitutional violation was caused by an official policy, a widespread practice or an official with final policy-making authority.

Section 1983 requires a plaintiff suing a municipality to link the alleged wrongdoing to the municipality’s policy or custom.

Moaz v. Denver International Airport · filed 2018-08-23

For these causes of action, Mr. Moaz had to link ... the mistreatment to the entity’s policy or custom.

Section 1983 municipal liability requires an actual deprivation of a constitutional right.

Collins v. City of Colton · filed 2018-08-23

As a municipal liability claim requires the actual deprivation of a constitutional right, and ... we have found that summary judgment was proper as to the malicious prosecution claim against Detective Morenberg, summary judgment was likewise proper as to the City of Colton.

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

Elizarri v. Cook County Sheriff · filed 2018-08-24

Pembaur does not create the possibility of or- ganizational liability in the absence of individual violations. To the contrary, it is established that a municipality cannot be held liable without an underlying violation of the Consti- tution by a municipal employee.

Section 1983 requires a plaintiff alleging municipal liability for inadequate use-of-force investigations to show deliberate indifference to an obvious risk of excessive force; falling short of best practices is insufficient.

Jackson v. District of Columbia · filed 2018-08-24

But it is not enough to show simply that the District fell short of best practices or failed to optimally reduce the risk of constitutional violations. Jackson must show that the District, by tolerating defective use-of-force investigations, effectively turned a blind eye to an obvious risk that those practices would result in officers’ use of excessive force.

A municipality is liable under § 1983 only when its policy or custom causes a constitutional violation; an isolated failure by employees does not establish such a policy or custom.

Richardson v. Smith · filed 2018-08-24

The Court can find no evidence suggesting that jail guards ignored complaints so routinely that it amounted to an official policy or custom or, relatedly, that a policymaking official had “actual or constructive knowledge” that the guards would “probably violate constitutional rights” and yet did nothing about it.

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

Richardson v. Dist. of Columbia · filed 2018-08-24

For it to do so, the record would need to support a finding that (1) at least one official behaved with deliberate indifference toward the risk that Richardson would be sexually assaulted, and (2) the indifference was caused by the District of Columbia's policy, practice, or custom of failing to act on inmate's reported fears of assault.

Section 1983 requires a causal connection between a municipal policy and the alleged injury; speculation that inadequate investigations encouraged excessive force does not satisfy that requirement.

Jackson v. Dist. of Columbia · filed 2018-08-24

On its own terms, this reasoning is far too speculative to satisfy the causation requirement for municipal liability under § 1983.

Section 1983 permits municipal liability when a widespread practice reflects a policy or custom that causes a deprivation of federal rights.

J.L. ex rel. J.P. v. N.Y.C. Dep't of Educ. · filed 2018-08-28

This Court concludes that the Complaint sufficiently alleges that Defendants' conduct is a reflection of DOE's systemic policies and practices.

Section 1983 requires a plaintiff seeking to hold a county liable to show that a county policy or custom caused the constitutional injury.

Josh Brewington v. Keener · filed 2018-08-30

In sum, Brewington failed to prove the existence of an unconstitutional custom or policy. He also failed to show causation assuming there was such a custom or policy. Brewington therefore cannot establish municipal liability.

Section 1983 requires a plaintiff seeking municipal liability to show a policy or custom with a plausible link to the deprivation of constitutional rights.

Porter v. City of Phila. · filed 2018-08-31

Thus, to establish liability against the City, Porter needed to establish the existence of a policy or custom, as well as the requisite plausible nexus or affirmative link.

A municipality may be liable under § 1983 when a final policymaker’s decision implements an unconstitutional policy.

Legasey v. City of Worcester · filed 2018-08-31

The City Charter, which exempts the city clerk from falling under the authority of the city manager, and Rushford’s testimony that he had the final authority to make hiring and firing decisions shows that he was in a position of final policymaking as to the hiring and firing of employees within the Clerks Department. ... For purposes of this motion, I find that the Plaintiff has established the existence of an unconstitutional municipal policy.

A municipality is liable under § 1983 only if its policy or custom caused a constitutional violation and showed deliberate indifference to the right violated.

Kraus v. Martin County Sheriff's Office · filed 2018-09-04

Municipalities may be found liable under § 1983 only when a plaintiff shows: “(1) that his constitutional rights were violated; (2) that the municipality had a custom or policy that constituted deliberate indifference to that constitutional right; and (3) that the policy or custom caused the violation.”

Section 1983 municipal liability claims must allege facts linking a particular municipal policy or custom to the constitutional injury to survive dismissal.

Soto v. Board of County Commissioners · filed 2018-09-05

Ms. Soto’s arguments ignore well-established Tenth Circuit precedent holding a § 1983 municipal liability claim must include factual allegations that a particular municipal custom or policy was the moving force behind the constitutional injury in order to withstand a Rule 12(b)(6) dismissal.

Section 1983 permits municipal liability when an official with delegated final policymaking authority causes a constitutional injury.

Barone v. City of Springfield · filed 2018-09-05

Because there is a genuine issue of material fact about whether the City Manager delegated final policymaking authority to Chief Doney, the district court erred in granting summary judgment in favor of the City. If the City Manager delegated the relevant authority to Chief Doney, the City would be liable under Monell for Chief Doney’s decision to require Barone to sign the amended Agreement.

Section 1983 permits a municipal liability claim to proceed when a jury could find that policymakers were deliberately indifferent to inadequate policies and that their indifference caused the plaintiff’s injury.

M.T. v. City of N.Y. · filed 2018-09-05

Because the Court finds that a jury could reasonably conclude that municipal policymakers were aware of, and deliberately indifferent to, the inadequacy of their existing policies to deter sexual misconduct, and that M.T.'s injury was a result of their deliberate indifference, defendants' motion is denied as to her section 1983 claim.

Section 1983 municipal liability requires factual allegations showing that a municipal policy amounted to deliberate indifference; conclusory assertions do not suffice.

Victoria v. City of San Diego · filed 2018-09-05

First, the Court finds that Victoria has failed to allege that the Policy amounted to deliberate indifference. ... The Court finds that these assertions do not provide sufficient factual allegations to support a claim of deliberate indifference.

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

Morgan v. Fairfield Cty., Ohio · filed 2018-09-06

And so, because the county’s policy itself was the cause of Morgan’s and Graf’s injury, the county should be held liable under Monell.

Section 1983 requires a plaintiff seeking to hold a county liable to show that a constitutional violation was committed pursuant to the county’s policy, practice, or custom.

Giles v. Shoumaker · filed 2018-09-06

To establish Miller County’s liability under section 1983 a “plaintiff must show that a constitutional violation was committed pursuant to an official custom, policy, or practice of the governmental entity.” ... Here, Plaintiff has failed to produce any summary judgment evidence of a policy, practice, or custom of Miller County that contributed to the alleged violation of Plaintiff’s constitutional rights.

Section 1983 permits municipal liability when a city policy or custom causes a constitutional injury; an officer’s conduct alone does not establish such a policy.

Estate of Wayne A. Jones v. The City of Martinsburg · filed 2018-09-07

Therefore, pursuant to Monell, the City of Martinsburg cannot be held liable under § 1983 and summary judgment must be granted.

Section 1983 permits municipal liability when a deliberately indifferent custom or policy causes a constitutional violation.

Davies v. Israel · filed 2018-09-10

To state a § 1983 claim against Sheriff Israel and Armor, Plaintiff must allege three things: (1) a violation of his constitutional rights; (2) a custom or policy that was deliberately indifferent to that constitutional right; and (3) a causal link between Armor's policy or custom and the violation. ... Here, Plaintiff has alleged facts plausibly suggesting that he suffered a constitutional violation- deliberate indifference to his serious medical needs-as a result of Armor's alleged custom or policy of providing delayed emergency medical treatment to inmates.

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

Ericson v. Stolfe · filed 2018-09-12

Even if they were not, “municipal governments cannot be held liable for damages under 42 U.S.C. § 1983 on a theory of respondeat superior for constitutional violations committed by their employees.” Simpson y. Brown Cty., 860 F.3d 1001, 1005-06 (7th Cir. 2017). ... For these reasons, Defendants are entitled to summary judgment on Count III.

A Section 1983 municipal liability claim must plead specific facts about the alleged policy or custom and the policymaker responsible for it.

Kelley v. O'Malley · filed 2018-09-13

Further, the Court finds Plaintiffs' pleading deficient because the Complaint does not provide specific facts regarding any policy or custom and the policymaker allegedly responsible for same, or the alleged failure to supervise, discipline or train the police officers.

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

Eberhardinger v. City of York · filed 2018-09-17

In other words, a plaintiff can establish Section 1983 municipal liability in two ways: policy or custom.

Municipal liability under § 1983 requires a policy that directly causes a constitutional violation and reflects deliberate indifference.

Alvarez v. City of Brownsville · filed 2018-09-18

Assuming that Police Chief Garcia is a policymaker and that the practice of not freely sharing information from the internal administrative investigations with the criminal investigation division constitutes a policy, Alvarez’s theory of liability falls short in two respects: (1) there is not a “direct ... causal link between the policy and the violation,” and (2) there was no “deliberate indifference” shown.

Section 1983 requires a plaintiff alleging municipal liability based on a custom to plead facts showing that policymaking officials had notice of or authorized the misconduct.

Ash v. City of Duluth · filed 2018-09-18

Because it is dispositive of the issue presented here, the Court begins with the second element, which requires a plaintiff to "allege facts showing that policymaking officials had notice of or authorized" the misconduct. ... Plaintiffs do not allege any facts that, if proven, would establish that they provided notice of any alleged constitutional violations to a policymaking official.

Section 1983 requires an underlying constitutional deprivation for municipal liability under Monell.

Organics v. Cnty. of San Diego · filed 2018-09-18

The underlying constitutional deprivation is a necessary element of a Monell claim. ... Thus, Plaintiffs' Monell liability theory must also fail.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show a causal link between its policy or custom and the deprivation of the plaintiff’s federal rights.

Ali v. Raleigh County · filed 2018-09-14

Mr. Ali’s motion is devoid of any causal link between the alleged withholding of exculpatory evidence during plea negotiations and the deprivation of his rights, or any injury during plea negotiations inasmuch as he did not plead guilty and was eventually acquitted.

Section 1983 permits municipal liability when an injury results from an official policy, a long-standing practice or custom, or a decision by a final policymaker.

Jones v. Keitz · filed 2018-09-19

The district court properly dismissed plaintiffs’ claim against defendants Madera County and the Madera County Sheriff’s Department because plaintiffs failed to allege facts sufficient to show that plaintiffs were arrested pursuant to an expressly adopted official policy or a long-standing practice or custom, or that defendants “possess[ed] final authority to establish municipal policy with respect to the [arrest].”

Section 1983 permits county liability when a sheriff’s final policy decision causes a constitutional violation.

Santos v. Frederick Cnty. Bd. of Com'rs · filed 2018-09-27

As explained below, this court concludes that the constitutional violations were traceable to Sheriff Jenkins, acting as a final decisionmaker for the county regarding law enforcement policy related to immigration for FCSO.

Section 1983 permits municipal liability when a policy or custom causes a constitutional violation and the policy is itself unconstitutional or the municipality is deliberately indifferent to the likelihood of violations.

Penate v. Kaczmarek · filed 2018-09-27

As the Supreme Court explained in Connick, § 1983 liability premised on a municipality’s custom or policy depends on showing either that the policy itself was constitutionally infirm or, as Plaintiff alleges here, that the municipality was deliberately indifferent to the likelihood of constitutional violations resulting from the custom or policy.

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

Lynch v. City of N.Y. · filed 2018-09-28

A municipality may not be held liable under § 1983 under a theory of respondeat superior.

Section 1983 requires a plaintiff seeking municipal liability to allege that a municipal policy or custom was the moving force behind the constitutional violation.

Strauss v. City of Chi. · filed 2018-09-28

Even if the court assumes that the practice of aldermanic privilege was sufficiently widespread, entrenched, and well-known to constitute a municipal custom for purposes of a Section 1983 claim, none of Plaintiff's allegations suggest that this custom was "the moving force" behind Alderman Moreno's own retaliatory actions, which this court has already found to be the only plausible basis for a constitutional claim here.

Section 1983 does not make a municipality vicariously liable for an employee’s isolated misconduct; municipal liability requires a policy or custom attributable to the municipality.

Thompson v. Dc Government · filed 2018-09-30

ln the end, Thompson seeks to hold the District vicariously liable for the isolated conduct of its non-policymaking employee, King. Unfortunately for 'l`hompson, the law does not allow for municipal liability under § 1983 in such a case.

Section 1983 permits municipal liability under a final-policymaker theory for affirmative policies enacted by final policymakers, but not for a failure to enact a corrective policy.

Baskins v. Gilmore · filed 2018-09-30

A City is liable for the affirmative policies enacted by final policymakers under this version of Monell liability, not for a failure to enact a corrective policy.

Section 1983 permits municipal liability for a widespread custom that causes a constitutional deprivation when local policymakers are deliberately indifferent to its consequences.

Doe v. Vigo Cnty. · filed 2018-10-03

This is not enough to establish a custom or practice that gave rise to Doe's injuries, nor can it support a finding of indifference on the part of Vigo County officials. The record contains no evidence of any county employee in the past having forced another to engage in a sexual act or having confined an individual to harm her. While Doe has cited cases of sexual harassment by county employees and a few instances of inappropriate physical contact, a handful of incidents spread over twenty years hardly amounts to a widespread custom.

Section 1983 permits municipal liability when a government policy or custom causes a constitutional injury, but an unsupported allegation of a pattern of misconduct does not establish such a custom.

Byndon v. Pugh · filed 2018-10-04

Pursuant to Monell v. Dep’t of Social Servs. Of City of New York, 436 U.S. 658 (1978), § 1983 liability against a local government or municipality may arise when execution of the government’s unconstitutional policy or custom causes plaintiff’s injury. ... The plaintiff alleges no other incident of alleged police misconduct against the plaintiff and does not present any facts or evidence supporting his contention that the City’s alleged failure to investigate, supervise, or discipline its police officers has resulted in a pattern of similar constitutional violations.

Section 1983 permits municipal liability under Monell only when a municipal policy, custom, or failure to train or supervise leads to an independent constitutional violation.

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

Monell, however, does not provide a separate cause of action; it extends liability to a municipal organization when that organization’s failure to train or supervise, or the policies and customs that it has sanctioned, led to an independent constitutional violation. See id. at 694. Because the district court properly found no underlying constitutional violation, its decision not to address the municipal defendants’ liability under Monell was entirely correct.

A municipality may be liable under § 1983 when its policy or widespread practice causes a rights violation; at the pleading stage, facts must support a reasonable inference of a governmental custom.

Bresnahan v. City of Chicago · filed 2018-10-04

But a local government may be liable for a § 1983 claim if a policy upheld by the entity caused the alleged violation. ... The Court finds that Plaintiffs’ statistical analyses and the general allegations of discrimination, combined with the specific allegations regarding Schloss and Bresnahan, plausibly allege a widespread practice that discriminates against women. Defendants’ motion to dismiss the Monell claims is denied.

Section 1983 permits municipal liability when a government policy causes a rights violation, and statistical and factual allegations can plausibly plead a widespread discriminatory practice.

Schloss v. City of Chicago · filed 2018-10-04

But a local government may be liable for a § 1983 claim if a policy upheld by the entity caused the alleged violation. ... The Court finds that Plaintiffs’ statistical analyses and the general allegations of discrimination, combined with the specific allegations regarding Schloss and Bresnahan, plausibly allege a widespread practice that discriminates against women. Defendants’ motion to dismiss the Monell claims is denied.

Section 1983 permits a claim against a municipality when an official policy or custom causes a deprivation of constitutional rights.

Hunter v. Sioux City Police Department · filed 2018-10-05

Because Hunter does not allege that police officers employed by the City Police of Sioux Falls were acting pursuant to an ordinance or custom, Hunter’s claims against this defendant are dismissed for failure to state a claim upon which relief may be granted.

Section 1983 requires a policy or custom to support liability against a school board or district.

Crochran v. Columbus City Schools · filed 2018-10-10

Moreover, Crochran cannot point to a policy or custom for which the board of education or school district should be held liable.

A municipality may be liable under § 1983 when a complaint plausibly alleges a widespread custom of allowing officer misconduct and failing to address it.

Watson v. Riverdale Police Department · filed 2018-10-11

The Court therefore finds the facts as currently pleaded sufficient to state a Monell claim and declines to dismiss Count II.

Section 1983 does not impose municipal failure-to-train liability based on deliberate indifference to a right that was not clearly established.

Brennan v. Dawson · filed 2018-10-15

A municipality cannot be deliberately indifferent to the violation of a constitutional right—and thus liable under § 1983—if that right is not clearly established.