42 U.S.C. § 1983

Section 1983 does not make a municipality liable for an employee’s conduct solely because the employee acted within the scope of employment.

Ramos v.Drews · filed 2018-10-16

Section 1983 does not permit a municipality to be held liable for damages based on the bare fact that the person who harmed the plaintiff was acting in the course and scope of employment with the municipality, that is on a respondeat superior theory.

Section 1983 permits municipal liability when a challenged rights violation was caused by a municipal policy or custom or a failure to train.

Valdiviezo v. Boyer · filed 2018-10-18

Municipalities, and individuals sued in their official capacity, are liable under § 1983 only if the challenged conduct was “pursuant to a municipal policy or custom,” Patterson v. Cty. of Oneida, N.Y., 375 F.3d 206, 226 (2d Cir. 2004) (citing Monell v. Dep’t of Soc. Serv. of the City of N.Y., 436 U.S. 658, 692-94 (1978)), or caused by a “failure to train,” Segal v. City of New York, 459 F.3d 207, 219 (2d Cir. 2006) (citing City of Canton v. Harris, 489 U.S. 378 (1989)).

Section 1983 permits municipal liability based on an unwritten custom only when the practice is sufficiently widespread that municipal policymakers knew or should have known of it and the practice caused the constitutional injury.

Yourga v. Trustees of the Smith Vocational and Agricultural High School · filed 2018-10-18

But, to maintain his Section 1983 claim against the City on the theory of a custom or practice, Plaintiff would have to satisfy the critical requirement of pointing to an unwritten municipal custom or policy that was “so well settled and widespread that the policymaking officials of the municipality can be said to have [had] either actual or constructive knowledge of it yet did nothing to end the practice.”

Section 1983 requires a plaintiff seeking to hold a county agency liable to allege that an official policy or custom caused the deprivation of constitutional rights.

Johnson v. Children Youth and Families · filed 2018-10-19

To the extent Johnson’s complaint, liberally construed, was an attempt to bring forth a federal claim pursuant to 42 U.S.C. § 1983, the District Court was correct in its conclusion that Johnson failed to allege that the deprivation of her constitutional rights resulted from any official policy or custom of CYF.

A municipality cannot be held liable under Section 1983 unless a municipal actor committed a constitutional violation.

Washington v. Copiah County Board of Supr · filed 2018-10-19

This Court has explained that a municipality cannot be held liable under 42 U.S.C. § 1983 if no constitutional violation has been committed by a municipal actor. Bustos v. Martini Club, Inc., 599 F.3d 458, 467 (5th Cir. 2010). Because Washington has failed to demonstrate that the Appellees committed a constitutional violation, his claim against the municipality also fails.

Section 1983 requires a plaintiff seeking to hold a municipality liable to plead facts identifying an official policy or an unofficial custom behind the alleged rights violation.

Casado v. Miami-Dade Cnty. · filed 2018-10-23

In the present case, the Amended Complaint fails to identify an official policy, not simply allege that one exists; fails to allege an unofficial policy or custom of violating constitutional rights; fails to allege any other incidents of unconstitutional conduct and thus, fails to plead sufficient facts to state a claim for violation of civil rights pursuant to 42 U.S.C. § 1983.

Section 1983 allows a municipal claim to proceed when a jury could find that the final policymaker merely rubber stamped a subordinate’s allegedly retaliatory termination recommendation.

Smith v. City of Madison · filed 2018-10-23

A single decision, such as the decision to terminate a municipal employee, may therefore create municipal liability only where the decision is made by a final policymaker or the improper motive can be imputed to the final policymaker. ... Accordingly, the Court finds that Smith has produced sufficient evidence from which a properly instructed jury could find that the Board merely rubber stamped the Mayor's allegedly tainted termination recommendation.

Section 1983 does not make a county liable for a sheriff’s enforcement of state bail law when the sheriff acts on behalf of the state.

Welchen v. Cnty. of Sacramento · filed 2018-10-24

Because the Court has determined that the Sheriff acts on behalf of the state on this issue, the County is not liable for the Sheriff's implementation of the Bail Law.

Section 1983 imposes liability on a municipal defendant for deliberate indifference to medical needs only when an unconstitutional policy or practice causes the injury.

Small v. St. Barnabas Hosp. · filed 2018-10-25

A municipal defendant is subject to statutory liability for deliberate indifference to medical needs under 42 USC § 1983 only where an injury results from the execution of an unconstitutional policy or practice ( see Monell v Department of Social Servs. of the City of New York , 436 US 658, 694 [1978]; De Lourdes Torres v Jones , 26 NY3d 742, 768 [2016]). This record is devoid of evidence that St. Barnabas had the alleged unconstitutional policy or practice of deterring or delaying access to off-premises medical care, either in its routing of requests for hospital treatment through its "Utilization" system, by providing care at a facility on Rikers Island called Urgicare, or by threatening physicians with disciplinary action for sending patients off-premises.

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

Thurman v. Dart · filed 2018-10-26

A municipality can be liable under § 1983 if (1) it had an express policy calling for constitutional violations, (2) it had a widespread practice of constitutional violations that was so permanent and well settled as to constitute a custom or usage with the force of law or (3) if a person with final policymaking authority for the county caused the constitutional violation.

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

Johnson v. City of Roswell · filed 2018-10-29

Similarly, without a constitutional violation the Roswell Police Department and the City of Roswell cannot be held liable under § 1983.

Section 1983 permits a damages claim against a local government when its policy or custom causes the injury; an employee’s act alone does not establish municipal liability.

Williams v. City of Cleveland · filed 2018-11-02

However, “a local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents.” Id. at 694. It may only be sued “when execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury.” Id.

A municipality is liable under § 1983 only for a constitutional injury caused by its policy or custom, not simply for an employee’s conduct.

North v. Cuyahoga Cty. · filed 2018-11-05

Municipalities are not subject to respondeat superior liability in § 1983 actions; rather, they are responsible only for injuries caused by those acts that may fairly be said to represent official policy or by their policies or customs.

Section 1983 permits a claim against a municipality when a constitutional violation results from an official policy, an established municipal practice, or an act by a final policymaker.

Alamo v. City of Chicago · filed 2018-11-07

In order to state a claim against a municipality under section 1983, a plaintiff must allege that a constitutional violation resulted from (1) an express policy that, when enforced, deprived the plaintiff of a constitutional right; (2) a widespread municipal practice that, although not officially authorized, is so permanent and well-settled as to constitute a custom or usage with the force of law; or (3) that the plaintiff’s alleged constitutional injury was caused by a person with final policy making authority.

Section 1983 treats an official-capacity claim against a county officer as a claim against the county, which requires an injury caused by a county policy or custom.

Taylor v. Robinson · filed 2018-11-08

Taylor’s complaint included only an official-capacity claim, which was, in effect, a claim against Pulaski County. Yet Taylor has not presented any evidence that he suffered an injury as a result of a Pulaski County policy or custom.

Section 1983 requires a plaintiff seeking municipal liability for a defective warrant to allege that policymakers knew about it or were on notice of it.

Vasquez v. County of Will, Illinois · filed 2018-11-14

Lastly, Plaintiff’s claim under 42 U.S.C. § 1983 is not supportable unless policymakers knew about, or were on notice of, the defective warrant.

Section 1983 permits a claim against a municipality when its policy or custom causes the alleged injury; detailed allegations of such a practice can state a plausible claim.

Black Lives Matter v. Town of Clarkstown · filed 2018-11-14

A municipality may be sued under 42 U.S.C § 1983 only "when execution of [the] government's policy or custom ... inflicts the injury." ... Based on the face of Plaintiffs' Amended Complaint, the Court determines that Plaintiffs have asserted a facially plausible Monell claim.

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

Tyler v. Saldivar · filed 2018-11-14

But Tyler has not alleged any Metra policy or custom in his complaint from which I could infer that Metra caused the asserted constitutional violations, and so he has not stated a claim against Metra under Monell.

Counties and municipalities are persons that may be sued under § 1983.

Curtis v. Breathitt Cty. Fiscal Court · filed 2018-11-15

Municipalities and counties are “persons” exposed to litigation under section 1983.

A city can be liable under § 1983 when its policymakers know of and acquiesce in a widespread practice that causes a rights violation.

Edmond v. City of Chicago, The · filed 2018-11-15

Add to all of this the allegations that, with favorable inferences, the City received numerous grievances of these matters, SAC ¶¶ 149–50, and a plausible inference can be drawn that City policymakers knew of the widespread practices in the Water Department and acquiesced in them until 2017. The City’s motion to dismiss plaintiffs’ Monell claims against the City is therefore denied.

Section 1983 permits a claim against a county that voluntarily takes responsibility for enforcing a state law.

Bruce & Tanya & Assocs., Inc. v. Bd. of Supervisors of Fairfax Cnty. · filed 2018-11-16

In sum, the County Defendants cannot categorically immunize themselves from § 1983 liability stemming from the statutory scheme they voluntarily agreed to enforce.

Section 1983 requires a plaintiff seeking to hold a municipality liable to identify a municipal policy or custom responsible for the alleged harm.

Jones v. City of Houston · filed 2018-11-20

We agree. In his pleadings below and in his brief on appeal, Jones fails to point to a single policy or custom responsible for his alleged harms.

A § 1983 municipal liability claim must identify a specific policy or policymaker; general allegations that the municipality lacked safety policies are insufficient.

Keener v. Hribal · filed 2018-11-21

Here, plaintiff has failed to state a municipal liability claim for at least two reasons. First, plaintiff fails to identify the specific policy or policymaker at issue. Conclusory allegations about a general lack of policies concerning safety measures is insufficient.

Section 1983 permits a claim against a municipality when a constitutional injury results from its policy, custom, or decision by an official with authority.

Yates v. The State of Illinois · filed 2018-11-27

Thus, plaintiffs must allege both that they suffered a constitutional violation, and that that violation resulted from the City’s municipal policy, custom or practice. ... They have plausibly alleged that their injuries were caused by a decisionmaker with authority. Consequently, the court concludes that Count II states a claim.

Section 1983 requires a plaintiff seeking to hold a city liable for a constitutional deprivation to show that a municipal policy or custom caused it.

Bilder v. Mathers · filed 2018-11-28

In any event, even if Plaintiff was subjected to a constitutional violation, he has not made a showing that the City should be liable for any violation. Plaintiff needed to prove not only a constitutional violation but also “that a municipal policy or custom was the moving force behind the constitutional deprivation.” Myers v. Oklahoma County, 151 F.3d 1313, 1316 (10th Cir. 1998).

Section 1983 municipal liability requires an underlying violation of the plaintiff’s constitutional rights.

Baddour v. Hart · filed 2018-11-28

The district court properly granted Officer Hart qualified immunity, and properly granted summary judgment on Baddour’s municipal liability and “stigma-plus” claims, because Baddour failed to raise a triable dispute as to whether defendants violated any of her constitutional rights.

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

Khan v. Board Of Education Of The City Of Chicago · filed 2018-11-28

Taylor fails to explain how a policy of covering up misconduct (or failing to investigate in a uniform way, or of endorsing a “code of silence”) caused her to be fired in a way that violated the Constitution.

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

Khan v. Board Of Education Of The City Of Chicago · filed 2018-11-28

Khan has identified neither a protected liberty interest that was violated nor a qualifying policy or custom.

Section 1983 municipal liability requires an identified policy or practice; a statute that merely authorizes employee terminations does not itself establish one.

Freeman v. Metropolitan Water Reclamation District of Chicago · filed 2018-11-29

Freeman cannot allege a “policy,” for Monell purposes, by simply pointing to the statutory grant of authority which sets the parameters on Defendant’s capacity to terminate certain employees.

Section 1983 permits municipal liability when an official policy, widespread custom, or action by an official with policymaking authority is the moving force behind a constitutional injury.

McCann v. Ogle County, Illinois · filed 2018-11-30

A Monell claim subjects a local governing body like Ogle County to liability when an “official policy, widespread cus- tom, or action by an official with policy-making authority” was the “‘moving force’ behind [a] constitutional injury.”

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

Ivin Mood v. City of Costa Mesa · filed 2018-11-30

The district court properly granted summary judgment because Mood failed to raise a genuine dispute of material fact as to whether a policy or custom of Costa Mesa or Newport Beach caused him to suffer constitutional injuries.

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

Merrival v. Jackley · filed 2018-12-03

Mr. Merrival fails to state a claim against Pennington County. “A local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents on a theory of respondeat superior.” ... Mr. Merrival does not allege any custom or policy of the county that violated his constitutional rights.

A municipal ordinance or resolution can establish the official policy required for a § 1983 claim when the municipality uses fee revenue impermissibly under it.

Cruise Lines Int'l Ass'n Alaska v. City & Borough of Juneau · filed 2018-12-06

There is some suggestion by defendants that plaintiffs' § 1983 claims against CBJ fail because plaintiffs cannot show that CBJ is acting pursuant to an official policy. ... If CBJ has been using revenue from the MPF and PDF in impermissible ways, there can be no doubt that it has done so pursuant to an official policy which is expressed in the MPF ordinance and the PDF resolution.

A police department’s training materials can establish a municipal policy for a § 1983 claim when they direct officers to enforce state law based on the department’s own interpretation.

Martin v. Gross · filed 2018-12-10

The same considerations demonstrate the existence of a policy under the two-prong Vives test.

Police training materials can establish a municipal policy under § 1983 when they show a conscious choice to enforce a state law.

Project Veritas Action Fund v. Rollins · filed 2018-12-10

The same considerations demonstrate the existence of a policy under the two-prong Vives test. ... Do these training materials evince a “conscious choice” by BPD to enforce Section 99? The answer is yes.

Section 1983 requires a plaintiff seeking to hold a local government liable to show that the constitutional violation occurred pursuant to an official policy, custom, or practice.

Rodriguez v. Torres · filed 2018-12-11

To establish any liability on the employing governmental entity 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.”

A § 1983 complaint must allege sufficient facts to support parish liability for the claimed injury.

Omran v. Wyche · filed 2018-12-13

The district court correctly dismissed Omran’s claims against ... the new defendants because his complaint did not state sufficient facts to support parish liability for his alleged injuries.

In a § 1983 class action alleging an unconstitutional custom or practice, the named plaintiff must show an underlying constitutional violation by an employee or agent of the defendant entity.

Doe v. Shenandoah Valley Juvenile Ctr. Comm'n · filed 2018-12-13

In order to prevail on a Monell claim involving unconstitutional customs or practices, a plaintiff must first show an underlying constitutional violation by an employee or agent of the defendant entity. ... A class representative or named plaintiff is also required to make this showing in a class action Monell case.

Section 1983 permits municipal liability when an employee’s constitutional violation is committed pursuant to an official government policy.

Graham v. Barnette · filed 2018-12-14

To establish municipal liability under 42 U.S.C. § 1983 for the misconduct of an employee, Graham must establish (1) a constitutional violation, and (2) that the constitutional violation was committed pursuant to an official policy of a government entity.

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

Lapre v. City of Chicago · filed 2018-12-17

A plaintiff seeking to impose liability on a municipality under section 1983 must identify a municipal policy or custom that caused the plaintiff’s injury.

A municipal liability claim under § 1983 fails when the plaintiff cannot establish an underlying constitutional violation.

Rafferty v. Trumbull Cty., Ohio · filed 2018-12-18

Because Rafferty failed to present evidence sufficient for a reasonable juror to conclude that Drennen violated the Eighth Amendment, her Monell claim against Trumbull County also fails.

Section 1983 requires a county custom or policy that caused a constitutional deprivation for county liability, and personal involvement or a causal connection for supervisory liability.

Garcia v. Spokane County · filed 2018-12-18

The district court properly granted summary judgment in favor of defendants Spokane County, Ozzie Knezovich, and John McGrath on Garcia’s Fourth Amendment claims because Garcia failed to raise a genuine dispute of material fact as to (1) whether any constitutional deprivations resulted from an official county custom or policy, (2) whether Knezovich and McGrath were personally involved in any constitutional violation, or (3) whether there was a causal connection between Knezovich’s and McGrath’s conduct and any such violation.

Section 1983 requires a plaintiff seeking to hold a county liable for deliberate indifference to show that an official policy, custom, or usage exposed the plaintiff to a substantial risk of serious harm.

Carpenter v. Klamath County Jail · filed 2018-12-19

The district court properly granted summary judgment on Carpenter’s deliberate indifference to safety and medical needs claims because Carpenter failed to raise a genuine dispute of material fact as to whether an official policy, custom, or usage of the county exposed Carpenter to a substantial risk of serious harm.

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

Burt v. City of Santa Barbara · filed 2018-12-19

The district court properly granted summary judgment on the claims against defendants City of Santa Barbara and the Santa Barbara Police department because Burt failed to raise a genuine dispute of material fact as to whether the alleged violations were caused by municipal policy, custom, or practice.

Section 1983 municipal liability under Monell requires a municipal policy or custom that caused a constitutional violation.

Lansberry v. Altoona Area Sch. Dist. · filed 2018-12-20

Therefore, to hold AASD liable on a Monell claim, Lansberry must establish (1) that AASD had a "policy or custom" and (2) that the policy or custom caused a violation of W.J.L.'s constitutional rights. ... Therefore, the Court is obligated to dismiss Lansberry's Monell claim.

Section 1983 permits municipal liability when unconstitutional actions constitute government policy, but does not make a municipality vicariously liable for its officers’ actions.

Sandoval v. County of Sonoma · filed 2018-12-21

A municipality cannot be held vicariously liable under section 1983 for the actions of its officers. Monell, 436 U.S. at 691. Instead, a plaintiff who claims to be injured by a municipality’s unconstitutional actions must show that those actions constituted government policy.

Section 1983 makes a municipality liable only when its own policy or custom causes a constitutional deprivation.

Batson v. Hoover · filed 2018-12-21

As noted, a plaintiff asserting liability under section 1983 against a municipality must show direct, not vicarious, liability.

Section 1983 permits municipal liability when the challenged conduct results from an official policy, a longstanding custom, or acts of a final policymaker.

Aydelotte v. Town of Skykomish · filed 2018-12-24

Aydelotte adduced sufficient evidence to create a genuine dispute as to whether the campaign of harassment against him resulted from individual acts (1) pursuant to an expressly adopted official policy; (2) pursuant to a longstanding practice or custom; or (3) taken by a “final policymaker.”

A municipality is liable under § 1983 only when its policy or custom causes a constitutional injury; a single officer’s misconduct does not suffice.

Miller v. Terrillion · filed 2018-12-24

Even assuming the success of Miller's false arrest and fair trial claims, it is well-established that a municipality "may only be held liable when the municipality itself deprives an individual of a constitutional right" through a policy or custom, not just "a single instance of unconstitutional conduct" by a single, non-policy making employee of the City, like Officer Terrillion.

Section 1983 requires a constitutional violation directly attributable to a District custom or policy for a claim against the District of Columbia.

J.C. v. DC · filed 2018-12-27

To make out a § 1983 claim against the District of Columbia, the plaintiff must make a two-part showing. First, the plaintiff must demonstrate that a constitutional violation has occurred. Second, and only if there is a constitutional violation, the court must determine whether that constitutional violation is directly attributable to a District “custom” or “policy.”

Section 1983 requires a plaintiff seeking municipal liability to show an underlying constitutional violation, a municipal policy or custom, and a direct causal link between that policy or custom and the injury.

Sinfuego v. Curry Cnty. Bd. of Cnty. Commissioners · filed 2018-12-27

To establish municipal liability under § 1983, a plaintiff must demonstrate: (i) that an officer committed an underlying constitutional violation; (ii) that a municipal policy or custom exists; and (iii) that there is a direct causal link between the policy or custom, and the injury alleged. ... The Court concludes that Sinfuego has not demonstrated a genuine factual question whether Curry County had or has such a policy or custom.

Section 1983 does not make a county liable for an employee’s acts solely because it hired or supervised that employee.

Carr v. Zwally · filed 2019-01-08

But El Paso County “cannot be held liable for the acts of its employees on a theory of respondeat superior.”

A Section 1983 claim against a municipality fails when it alleges only in conclusory terms that an official policy caused the constitutional violation.

Rochester v. City of New York · filed 2019-01-08

While plaintiff's claim alleging violation of 42 USC § 1983 was not subject to the notice of claim requirement ( Liu v New York City Police Dept. , 216 AD2d 67, 68 [1st Dept 1995], lv denied 87 NY2d 802 [1995], cert denied 517 US 1167 [1996]), the failure to plead that the alleged constitutional violations were the result of an official policy except in bare conclusory terms is fatal to this cause of action ( id. ; Connick v Thompson , 563 US 51, 60-62 [2011]).

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

Hockbein v. Ramsey County · filed 2019-01-08

“Municipalities cannot be held liable under § 1983 . . . ‘unless action pursuant to official municipal policy of some nature caused a constitutional tort.’”

A municipality can be liable under § 1983 when its policy or custom or failure to train caused a constitutional violation, or when a policymaker ratified a violation.

Ariana Mason v. Lvmpd · filed 2019-01-09

We affirm the district court’s grant of summary judgment in favor of the LVMPD because Mason has not shown that: (1) a policy or custom of LVMPD caused the alleged constitutional violation; (2) the LVMPD’s failure to train caused the alleged violation; or (3) a policymaker at the LVMPD ratified any violation (even if one is assumed to have occurred).

Section 1983 does not impose municipal liability for a practice merely because officials knew it violated policy; a related pattern of constitutional violations is required to establish an unconstitutional custom.

Terry v. Cnty. of Milwaukee · filed 2019-01-11

That is, the government's notice of a series of policy infractions does not, absent a related series of constitutional violations, point to an unconstitutional policy.

A municipality cannot be liable under Section 1983 without an underlying constitutional injury.

Outley v. City of Chi. · filed 2019-01-11

This inquiry is short-circuited here, however, because the City cannot be liable under Monell since Outley has not presented evidence from which a reasonable jury could conclude that he suffered a constitutional injury.

Section 1983 permits a claim against a city despite an employee’s personal immunity if the complaint adequately alleges an unconstitutional municipal policy or custom and an unconstitutional act by a city employee.

Evans v. City of Helena-West Helena, AR · filed 2019-01-14

So even if the clerk personally has absolute or qualified immunity from suit and damages, that immunity does not foreclose an action against the City if the complaint adequately alleges an unconstitutional policy or custom and an unconstitutional act by the clerk as a city employee.

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

Shemwell v. Cannon · filed 2019-01-15

Thus, plaintiffs who seek to impose liability on local governments under § 1983 must prove that action pursuant to official municipal policy caused their injury.

Section 1983 permits municipal liability when a constitutional injury is caused by an official policy, a widespread custom, or an official with final policymaking authority.

Sadder-Bey v. City Of Chicago · filed 2019-01-15

In other words, a city may only be held liable for monetary damages under § 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.”

Section 1983 municipal and supervisory liability claims require an underlying constitutional violation.

WIlliam Love v. SEPTA · filed 2019-01-17

Plaintiffs’ Monell and supervisory liability claims also fail. Both of these claims require a predicate constitutional violation.

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

Walgren v. Heun · filed 2019-01-17

Because Plaintiffs have failed to allege the underlying constitutional violation adequately, they likewise cannot proceed on the corresponding Monell claims against the Municipal Defendants.

Section 1983 municipal liability under Monell requires an underlying constitutional violation to support the claim.

Weaver v. Board Of Education Of The City Of Chicago · filed 2019-01-17

The Monell (Count VIII) and indemnification claims (Count IX) cannot move forward without support from the seven preceding counts.

Section 1983 permits a claim against a municipality when someone with final policymaking authority causes or ratifies a constitutional injury.

FKFJ, INC. v. Village of Worth · filed 2019-01-22

Plaintiffs have sufficiently alleged that they suffered a constitutional injury caused or ratified by someone with final policymaking authority, so they state a valid § 1983 claim against the Village of Worth under Monell.

A section 1983 municipal liability claim requires facts supporting a reasonable inference that the municipality maintained a policy or practice of discrimination; a bare allegation of a pattern is insufficient.

Word v. The City of Chicago · filed 2019-01-23

To state a Monell claim under section 1983, Word must plead facts that allows the Court to reasonably infer that the City maintained a policy or practice of discrimination. McCauley v. City of Chicago, 671 F.3d 611, 616 (7th Cir. 2011). Merely stating that the Individual Defendants engaged in a pattern or practice is insufficient.

Section 1983 allows a municipal liability claim when a plaintiff plausibly alleges that an express policy caused a constitutional injury.

Curtis v. Cook County, Illinois · filed 2019-01-23

Curtis has sufficiently alleged the existence of an express policy under the first type of claim described in McTigue.

Section 1983 permits claims against a municipality only when the alleged deprivation of rights results from an official policy or custom.

Chinniah v. East Pennsboro Township · filed 2019-01-24

Likewise, the District Court properly dismissed the Chinniahs’ claims against Pennsboro Township and the Cumberland County Tax Claim Bureau because they failed altogether to show that the alleged deprivation of their constitutional rights resulted from any official policy or custom.

A § 1983 municipal liability claim can survive judgment on the pleadings when the allegations support an inference that the city knew of a risk of employee misconduct and failed to act.

Howie v. City of Providence · filed 2019-01-24

If, as is required, the Court draws reasonable inferences based on the facts alleged in Mr. Howie's complaint and analyzes them in Mr. Howie's favor as the nonmovant, Mr. Howie has sufficiently alleged that the City may have had such knowledge, and subsequently failed to act, constituting deliberate indifference that would support a pattern of misconduct among its employees when interacting with civilians.

Section 1983 requires factual allegations about a county policy or practice to support a claim against the county; reciting the elements of municipal liability is insufficient.

Brothers v. Monaco · filed 2019-01-28

Assuming without deciding that these statements, if true, may give rise to a finding of Monell liability, the Court simply cannot find the allegations of the Complaint adequate to survive a motion to dismiss the § 1983 claims brought against the County.

Section 1983 permits municipal liability when allegations plausibly link a city’s custom or its failure to train, supervise, or discipline officers to a constitutional injury.

Estate of Adriano Roman, Jr. v. City of Newark · filed 2019-01-29

Roman has sufficiently alleged a municipal liability claim against the City of Newark under § 1983. He cites various examples of inadequate police training, poor police discipline, and unheeded citizen complaints.

Section 1983 permits municipal liability when an official policy or custom causes the denial of a constitutional right.

Bellamy v. City of N.Y. · filed 2019-01-29

To establish liability under Monell , a plaintiff must show that he suffered the denial of a constitutional right that was caused by an official municipal policy or custom.

Section 1983 permits liability against a county only when its official policy or custom was the moving force behind a constitutional violation.

Norman v. Lewis · filed 2019-01-31

As discussed above, a government entity may be held liable only when its official policy or custom was the moving force behind the constitutional violation.

Section 1983 permits municipal liability for a constitutional injury even when no individual officer is held liable.

Horton v. City of Santa Maria · filed 2019-02-01

Third, municipal defendants may be liable under § 1983 even in situations in which no individual officer is held liable for violating a plaintiff’s constitutional rights.

A city cannot be held liable under § 1983 on a policy, custom, or failure-to-train theory when its officers are entitled to qualified immunity because no constitutional right was clearly established.

Lombardo v. Saint Louis City · filed 2019-02-01

The Court held above that the Defendant Officers are entitled to qualified immunity in their individual capacity because there was no clearly established constitutional right. Therefore, the City cannot be held liable under § 1983 on either an unconstitutional policy or custom theory or on a failure to train theory.

A § 1983 claim against a municipality requires a plausibly alleged policy or custom that caused a constitutional violation.

Roe v. Wilson · filed 2019-02-04

Accordingly, the Court concludes that plaintiffs have not plausibly alleged a policy or custom to support municipal liability, and it will dismiss the § 1983 claims against the District of Columbia.

Section 1983 requires a plaintiff alleging a municipal custom of inadequate police investigations to show deliberate indifference to a pattern of constitutional violations.

Perkins v. Hastings · filed 2019-02-07

The actionable municipal custom here must be one of deliberate indifference to a pattern of excessive force, however, which Perkins has not established in light of the fact that she has not shown a pattern of underlying constitutional violations.

Section 1983 does not impose liability on a parish board of commissioners for jail administration that is the sheriff’s responsibility.

Omran v. Prator · filed 2019-02-07

As the district court observed, the administration of jails is the province of the sheriff, not the parish, and there is no basis for the liability of the Caddo Parish Board of Commissioners.

Section 1983 municipal liability requires an underlying constitutional injury; a city cannot be liable when the plaintiff has no viable constitutional claim.

Gilbert v. City of Chicopee · filed 2019-02-08

To make out a municipal liability claim, Gilbert would have to first prove a viable First Amendment retaliation claim, satisfying Garcetti's three-part inquiry. But because we conclude that no constitutional injury was inflicted, it is unnecessary to consider Gilbert's municipal liability claim.

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

Ramachandran v. City of L. Altos · filed 2019-02-13

Therefore, a plaintiff must demonstrate that the alleged constitutional violation was the result of a policy or custom of that local government unit. ... This pleading is insufficient to state a plausible claim for relief against Los Altos based on the alleged conduct of Mr. Ballard as a "final policymaker."

Section 1983 requires a plaintiff alleging municipal liability to identify a policy, custom, or practice that caused a constitutional violation.

Siehl v. City of Johnstown · filed 2019-02-13

In finding municipal liability pursuant to § 1983, the plaintiff must identify the policy, custom or practice of the municipal defendant that results in the constitutional violation. ... Taking all of Plaintiff's allegations as true, as it must at this stage of the proceedings, the Court finds at the pleading stage that Plaintiff has sufficiently alleged a claim for municipal liability against Cambria County.

Section 1983 does not impose municipal liability for an officer’s actions when the officer committed no constitutional violation.

Kasiah v. Carter · filed 2019-02-14

The Board cannot be held liable for Carter’s actions because Carter did not violate the Constitution.

A city is liable under § 1983 only when an official policy or sufficiently widespread custom supports the claim against it.

Quintana v. Unknown Agents · filed 2019-02-18

The claims that we have jurisdiction to address are directed solely against the City, so they must satisfy the standards for municipal liability under Monell v. Department of Social Services, 436 U.S. 658 (1978). ... Accordingly, we find no error in the district court’s determination that Quintana failed to show that the City may be held responsible under § 1983 for the constitutional injury he alleges.

Section 1983 does not impose municipal liability for injuries attributed solely to individual officials when those officials committed no constitutional violation.

NRP Holdings LLC v. City of Buffalo · filed 2019-02-20

We further conclude that NRP has failed to allege a valid equal protection claim against the City or BURA: because NRP's alleged injuries are solely attributable to the actions of named individual defendants, NRP's failure to allege a constitutional violation by the individual defendants necessarily forecloses a claim of municipal liability.

Section 1983 requires a plaintiff seeking to hold a city liable to plead facts showing that a municipal policy or custom caused the alleged constitutional violation.

Red Zone 12 LLC v. City of Columbus, Ohio · filed 2019-02-21

Second, Red Zone failed to adequately plead a municipal custom or policy to establish municipal liability under § 1983.

Section 1983 requires facts showing that a county policy or custom caused the alleged injury to hold the county or its officials in their official capacities liable.

Webb v. County of Pima · filed 2019-02-21

The district court properly dismissed Webb’s claims against defendants Pima County, and Dupnik, Nanos, Napier, and LaWall in their official capacities, because Webb failed to allege facts sufficient to show that a policy or custom of Pima County caused his alleged injury.

A municipality is liable under § 1983 only when its official policy is the moving force behind a constitutional violation.

Baughman v. Garcia · filed 2019-02-25

To succeed on a claim against a municipality, a plaintiff must demonstrate that an official policy promulgated by a municipal policymaker was the moving force behind a violation of the plaintiff’s constitutional right. ... Thus Baughman’s municipal claims are premised on the same alleged constitutional violation addressed above. As with the claims against the individual Jail officials, there is no basis for Baughman’s claim against Harris County.

Section 1983 requires evidence of a county policy, custom, or practice connected to a constitutional violation to hold the county liable on an official-capacity claim.

Solomon v. Campbell · filed 2019-02-26

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.” Moyle v. Anderson, 571 F.3d 814, 817 (8th Cir. 2009) (citation omitted). Here, Plaintiff has failed to produce any summary judgment evidence of a policy or custom of Miller County that contributed to the alleged violation of Plaintiff’s constitutional rights. Accordingly, Plaintiff’s claims against Defendants in their official capacity fail as a matter of law.

Section 1983 requires proof that a relevant policymaker knew of and acquiesced in a practice before municipal liability can attach.

Davila v. N. Reg'l Joint Police Bd. · filed 2019-02-27

For liability to attach under § 1983, she must demonstrate that the relevant policymaker had knowledge of, and acquiesced to, the practice.

Section 1983 requires a municipal liability claim to identify a policy or custom that caused the alleged constitutional injury; conclusory allegations do not suffice.

Hunt v. Iron Cnty. · filed 2019-02-27

They fail to allege specific facts demonstrating a causal link between Iron County policies or customs of violating constitutional rights to a particular violation of plaintiffs' rights.

A municipality cannot be liable under Section 1983 on a constitutional claim that fails against the individual defendants for lack of a constitutional violation.

Caristo v. Blairsville-Saltsburg Sch. Dist. · filed 2019-02-28

Because the Court has dismissed the claims against the Individual Defendants, the identical claims against the School District must also be dismissed.

A municipality cannot be liable under Section 1983 for a due process claim unless the plaintiff establishes an underlying constitutional violation.

Rayford v. Cmty. Dev. Auth. of Madison · filed 2019-02-28

However, in a § 1983 action alleging a violation of due process rights by a municipality, the municipality is not liable until, first, it is demonstrated that there is a due process constitutional violation.

Section 1983 requires a causal connection between a municipality’s official policy and the underlying constitutional violation.

Rosenfeld v. Lenich · filed 2019-03-01

A plaintiff bringing a Monell claim also must establish a causal connection between the municipality's official policy and the underlying constitutional violation.

Section 1983 permits a municipal liability claim when an alleged municipal custom plausibly caused a constitutional violation.

Doe1 v. Boston Public Schools · filed 2019-03-01

Nonetheless, the Court finds that, at this stage, Plaintiffs have adequately pleaded municipal liability for violations of B.G.’s and A.R.’s right to bodily integrity based on the role that municipal customs allegedly played in the constitutional violations, and they are entitled to discover and present evidence on Count II.

Section 1983 does not make a municipal agency liable solely because its employee caused an injury.

Walker-Dabner v. Dart · filed 2019-03-05

However, such an agency may not be held liable under § 1983 for an injury inflicted solely by its employees or agents as there is no respondeat superior liability under that statute.

Section 1983 permits a municipal liability claim to proceed when factual disputes concern both the alleged constitutional violation and a longstanding municipal practice that drove it.

Shay v. County of Los Angeles · filed 2019-03-06

We further conclude that summary judgment is inappropriate regarding Shay’s associated municipal liability claim under Monell v. Department of Social Services of the City of New York, 436 U.S. 658 (1978). ... Having found factual issues regarding the prerequisite constitutional violation, we further conclude that Derry’s testimony about the countywide practice generates a genuine dispute of material fact concerning the existence of a long-standing municipal practice that drove the alleged constitutional violations.

Section 1983 permits claims against a local government only when facts support an inference that an unconstitutional policy or custom caused the alleged violation.

Maxfield v. Larson · filed 2019-03-06

A § 1983 complaint does not need to “specifically plead the existence of an unconstitutional policy or custom to survive a motion to dismiss.” ... But the complaint must still include some allegation, reference, or language that creates an inference that the conduct resulted from an unconstitutional policy or custom. ... Because Maxfield has failed to allege sufficient facts against Walworth County under the Monell standard, his claims against all defendants in their official capacities are dismissed.

Section 1983 permits a claim against the District of Columbia only when a municipal custom or policy causes a constitutional rights violation.

McNair v. Smoot · filed 2019-03-07

A § 1983 claim against the District may proceed only if there exists a municipal custom or policy, the implementation of which caused the violation of constitutionally-protected rights.

Section 1983 does not impose municipal liability when no municipal employee committed an unconstitutional act.

Nader v. City of Papillion · filed 2019-03-08

Thus, because we find that no municipal employee committed an unconstitutional act, municipal liability cannot attach to Sarpy County and the City of Papillion.

Section 1983 does not permit municipal liability when no municipal employee committed an unconstitutional act.

Muir v. Decatur County, Iowa · filed 2019-03-08

Thus, because Boswell committed no unconstitutional act, no municipal liability can attach to Decatur County.

Section 1983 requires a municipal policy or custom to have caused the constitutional violation for the municipality to be liable.

Calabrese-Kelley v. Town of Braintree · filed 2019-03-08

Even if her arrest were not supported by probable cause, however, Ms. Calabrese-Kelley has presented no evidence upon which this Court could conclude that there was some policy or custom of the Town of Braintree or the Braintree Police Department which caused the constitutional violation.

A city’s compliance with a state law requiring officer indemnification does not establish an unconstitutional municipal policy under § 1983.

ERA Venture Capital, Inc. v. Lokke · filed 2019-03-08

The City’s adherence to state law does not amount to an unconstitutional policy. Thus, the Complaint fails to state a Monell claim.

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

Hudson v. City Of Chicago · filed 2019-03-11

A municipality can be held liable under 42 U.S.C. § 1983 if a constitutional deprivation was caused by the municipality’s own policy or custom.

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

Heine v. Bureau Chief, Division of Fire · filed 2019-03-13

Three appellants were not involved in prior litigation, but their claims were properly dismissed because they did not allege that any constitutional violation stemmed from a policy or custom of any of these entities.

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

Monroe v. Gould · filed 2019-03-14

Thus, to assert a Section 1983 claim against the town, plaintiff must allege 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. ... Therefore, plaintiff fails plausibly to allege a Monell claim, and the claim against the Town of Haverstraw is dismissed.

A Monell claim under § 1983 based on a municipal employee’s conduct requires a violation of the plaintiff’s constitutional rights by that employee.

Lett v. City Of Chicago · filed 2019-03-14

Because Lett fails to allege a First Amendment claim against the individual Defendants, he also fails to state a corollary Monell claim.

Section 1983 requires a plaintiff suing a school district to allege that an official policy or custom caused the injury.

Howard v. Chester Cnty. Office of Juvenile Prob. · filed 2019-03-15

In his Third Amended Complaint, Plaintiff does not allege any facts to suggest that the School District released information about D.H.'s IEP, or continued the IEP with only D.H.'s grandmothers' consent, pursuant to any official policy or custom, and therefore, Plaintiff's § 1983 claim against the School District will be dismissed.

Section 1983 permits municipal liability when allegations plausibly show a custom attributable to city policymakers or a failure to train employees.

B. Braxton/Obed-Edom v. City of New York · filed 2019-03-15

Municipal liability may also be implied from a municipality's failure to train its employees. ... Accordingly, Defendant's motion to dismiss Plaintiff's § 1983 claims against the City is DENIED.

A municipality is liable under § 1983 only when an official policy or custom causes the constitutional violation and is the moving force behind it.

Anderson v. La Penna · filed 2019-03-18

Defendant correctly notes that “[i]n order to state a § 1983 claim against a municipality, the complaint must allege that an official policy or custom not only caused the constitutional violation, but was ‘the moving force’ behind it.”

Section 1983 permits municipal liability for an officer’s actions only when the officer violated a constitutional right and a municipal policy or custom caused the violation.

Lindsey v. Hyler · filed 2019-03-19

A § 1983 lawsuit against a municipality on account of the actions of its police officers requires proof that (1) an officer committed a constitutional violation, and (2) a municipal policy or custom was the moving force behind the constitutional deprivation that occurred. ... Because Lindsey and Mann failed to establish a constitutional violation, no liability can attach to the City.

Section 1983 allows a claim against a city to survive dismissal when the plaintiff plausibly alleges that a municipal policy or custom caused a constitutional injury.

Cordero v. Pack · filed 2019-03-19

This requires a plaintiff to "identify a municipal 'policy' or 'custom' that caused the plaintiff's injury." ... Given the strength of his allegations concerning the involvement of Haecker and the defendants' possession of the information he would need to prove his theory as to the cause of officer's conduct, the court finds Plaintiff's allegations for his § 1983 claim are sufficient to survive the City's motion to dismiss.

Section 1983 requires a plaintiff suing a municipality to identify a policy or custom that caused the alleged violation of rights.

Smith v. Roane County Commission · filed 2019-03-21

In order to state a claim against a municipality under § 1983, the complaint must “identify” the municipal “policy or custom” that resulted in the alleged violation of the plaintiff’s rights.

Section 1983 requires proof that a school district's official policy or custom caused the alleged constitutional injury to hold the district liable.

Boggs v. Krum Indep. Sch. Dist. & Jeromy Harpole · filed 2019-03-21

Plaintiff's § 1983 claims are based on allegations that the School District infringed on her First and Fourteenth Amendment rights by retaliating against her for raising complaints about her absences and Principal Harpole's conduct. Plaintiff's claims fail even assuming she has suffered a constitutional injury. Plaintiff provides no proof of an official policy or custom that caused these purported injuries.

A § 1983 claim based on a municipal policy or custom fails when the plaintiff shows neither an official policy nor a pattern of similar constitutional violations.

Bell v. Neukirch · filed 2019-03-21

Nor does he identify a pattern of constitutional violations similar to the incident in this case, which would evidence an unofficial custom. Plaintiff's failure to show an official policy or a pattern of similar constitutional violations forecloses his claim.

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

Hildebrand v. Brown · filed 2019-03-22

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.” ... Plaintiff has not identified any policy, custom or practice of Union County in his Amended Complaint which contributed to a violation of his rights. Accordingly, all official capacity claims should be dismissed.

Section 1983 permits liability against a county when a constitutional violation was committed pursuant to its official custom, policy, or practice.

Carlisle v. Long · filed 2019-03-25

To establish any liability on the employing governmental entity 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 private contractor providing jail medical services is subject to municipal liability under § 1983 only if its agents violated a constitutional right and its policy or custom caused the violation.

Jones v. D.O. Wallace Steve Anderson · filed 2019-03-26

Sredrick Jones had to prove that the agents of South Georgia Correctional Medicine violated his spouse’s constitutional rights and its policy or custom was the “moving force behind” the deprivation of her rights. See id. Because Brandi Jones did not suffer a ... constitutional violation, South Georgia Correctional Medicine was not subject to municipal liability.

Section 1983 permits municipal liability only when a policy or custom caused the alleged constitutional injury.

Passmore v. Josephson · filed 2019-03-27

Similarly, even if Passmore could show that he suffered a constitutional deprivation, Will County would still be entitled to summary judgment because Passmore has not presented evidence that his injury was the result of an existing policy, rather than an isolated incident.

Section 1983 permits a claim against a local government for its employees’ actions only when an unconstitutional policy or custom caused the injury.

Passmore v. O'Leary · filed 2019-03-27

Similarly, even if Passmore could show that he suffered a constitutional deprivation, Will County would still be entitled to summary judgment because Passmore has not presented evidence that his injury was the result of an existing policy, rather than an isolated incident.

A municipality is liable under Section 1983 only when its policy or custom causes a constitutional violation; a single isolated incident does not establish such a policy or custom.

Bozkurt v. City of Lawrence · filed 2019-03-27

Here, even assuming that there was a constitutional violation, the complaint does not allege that the City has a policy or custom of terminating employees without due process. Nor can courts infer the existence of such a policy or custom from a single isolated instance of misconduct.

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

Gonzalez v. City of N.Y. · filed 2019-03-28

The TAC takes no steps toward articulating any of the four ways to satisfy the "policy or custom" prong required to state a claim under § 1983 against a municipality.

A § 1983 claim against a city requires a policy, custom, or practice that was the moving force behind a violation of the plaintiff’s rights.

Anderson v. Smith · filed 2019-03-28

More fundamentally, however, to maintain a claim against the City under § 1983, Anderson would have to plead that the City had adopted some policy, custom, or practice and that the policy, custom, or practice was the moving force behind a violation of his rights.

Section 1983 requires a municipal policy or custom to cause the constitutional injury; a city's ratification after the injury cannot satisfy that requirement.

Davis v. City of Tulsa, Oklahoma · filed 2019-03-31

The City's post-shooting review could not have been the direct cause of (or "moving force" behind) the shooting that occurred before the review.

A city is liable under § 1983 only when an official policy made by a municipal policymaker causes a constitutional violation.

William Starrett, Jr. v. City of Richardson, Texas · filed 2019-04-01

Thus, to state a § 1983 claim against the City for violations of his constitutional rights, Starrett must allege facts showing that the City had an “official policy”; that the policy was “promulgated by the municipal policymaker”; and that the policy was “the moving force behind the violation of a constitutional right.”

Section 1983 permits a claim against a city when employees’ unconstitutional conduct implements an official policy or unofficial custom.

Carthan v. Snyder (In re Flint Water Cases) · filed 2019-04-01

Under Monell , a plaintiff can bring a § 1983 claim against a city for the unconstitutional conduct of its employees if the employees' conduct implemented an unofficial custom, or "a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers."

Section 1983 does not impose Monell liability on a city when its police officers committed no constitutional violation.

Corrigan v. City of Savage · filed 2019-04-04

Corrigan has failed to allege a constitutional violation by the Savage City police officers, and thus no Monell liability exists for the City of Savage.

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

McElree v. City of Cedar Rapids · filed 2019-04-05

Each of these claims fails as a matter of law because there was no underlying constitutional violation. "Without a constitutional violation by the individual officers, there can be no § 1983 or Monell ... municipal liability."

Section 1983 permits a municipality to be liable for its own constitutional violation even if the employee whose acts caused the harm did not act under color of law.

Kirksey v. Ross · filed 2019-04-12

The Court need not decide whether Ross was acting under color of law because the City may be liable even if Ross did not act under color of law.

A municipal liability claim under § 1983 requires an official policy or custom, a policymaker with actual or constructive knowledge of it, and a constitutional violation caused by that policy or custom.

Robinson v. Hunt County, Texas · filed 2019-04-15

To state a claim for municipal liability under 42 U.S.C. § 1983, a plaintiff must allege “(1) an official policy (or custom), of which (2) a policy maker can be charged with actual or constructive knowledge, and (3) a constitutional violation whose ‘moving force’ is that policy (or custom).”

A § 1983 claim against a municipality requires a constitutional deprivation caused by an official policy, an unofficial custom, or a deliberately indifferent failure to train or supervise.

McClanahan v. State of Missouri · filed 2019-04-15

To present a viable section 1983 claim against a governmental entity, Plaintiff must demonstrate the constitutional deprivation resulted from (1) an official municipal policy, (2) an unofficial custom, or (3) a deliberately indifferent failure to train or supervise.

Section 1983 permits municipal liability when the challenged conduct follows a municipal policy or custom or results from a failure to train.

Dalessio v. City of Bristol · filed 2019-04-16

Municipalities, and individuals sued in their official capacity, are liable under § 1983 only if the challenged conduct was “pursuant to a municipal policy or custom,” Patterson v. Cty. of Oneida, 375 F.3d 206, 226 (2d Cir. 2004), or caused by a “failure to train,” Segal v. City of New York, 459 F.3d 207, 219 (2d Cir. 2006). Dalessio has alleged no facts showing that the Bristol police acted pursuant to an unconstitutional policy or custom or that the City failed to train its police officers.

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

Dotson v. Brodnax · filed 2019-04-16

A local government such as a municipality or county “cannot be held liable solely because it employs a tortfeasor—or, in other words, a municipality cannot be held liable under § 1983 on a respondeat superior theory.” ... Plaintiff does not allege that he suffered an injury because of an unconstitutional policy or custom of Shelby County.

A municipality is liable under § 1983 when its policy or custom causes a constitutional violation; a complaint must identify that policy or custom.

Morgan v. Logan County Commission · filed 2019-04-18

“To hold a municipality . . . liable for a constitutional violation under § 1983, the plaintiff must show that the execution of a policy or custom of the municipality caused the violation.” ... Accordingly, LPD’s motion to dismiss Plaintiff’s municipal liability claim is GRANTED, and the claim is DISMISSED WITHOUT PREJUDICE.

Section 1983 permits municipal liability for an official policy or custom only when the plaintiff’s constitutional rights were violated.

Kelly v. Conner · filed 2019-04-18

But since Kelly has failed to demonstrate any constitutional violations, the City cannot be held liable under § 1983 for causing a constitutional violation through its policies or customs.

Section 1983 permits municipal liability for failure to train when alleged facts suggest a practice beyond a single incident of failed supervision.

Glickman v. Village of Morton Grove · filed 2019-04-19

Failure to train can be a theory of Monell liability, but there must be some fact alleged that suggests a practice beyond a single incident of failed supervision of the named defendants.

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

Holloway v. Oldham · filed 2019-04-19

Similarly, courts cannot hold a municipality responsible for a constitutional deprivation unless there is a direct causal link between a municipal policy or custom and the alleged constitutional deprivation. ... Plaintiff here makes no allegations that he suffered an injury because of an unconstitutional policy or custom of Shelby County.

A municipality can be liable under § 1983 for its employees’ actions only if they acted under a municipal policy or custom.

Jackson v. Bloomfield Police Department · filed 2019-04-23

Under Monell, a municipality cannot be liable for the actions of its employees unless the employees acted under a policy or custom of the municipality. 436 U.S. at 694. Jackson never alleged that the defendants were following a municipal policy or custom.

Section 1983 requires a plaintiff suing a city to allege an official policy or custom that caused the constitutional violation.

Flavin v. City of New York · filed 2019-04-25

Plaintiff failed to allege a claim for a civil rights violation under 42 USC § 1983, since he failed to set forth an official policy or custom of the City that caused the officers to violate his constitutional rights ( see De Lourdes Torres , 26 NY3d at 769).

Section 1983 does not impose respondeat superior liability on municipalities; a city may be liable for a final policymaker’s actions.

Geft Outdoors, LLC v. City of Westfield · filed 2019-04-25

GEFT brings its substantive due process claim under § 1983 against Westfield only; however, there is no respondeat superior liability for municipalities under this statute. ... This is another reason why GEFT has not shown it is likely to succeed on the merits of its substantive due process claim.

Section 1983 permits municipal liability for an employee’s acts only when a municipal policy or custom is a moving force behind the violation.

Garza v. City of Donna · filed 2019-04-26

The import of the signs is too general and inexact for the signs to constitute the sort of specific directive required for municipal liability, and it is too nebulous to constitute a moving force. The episodic acts or omissions of these employees therefore cannot be attributed to the City.

Official-capacity § 1983 claims against city officers and claims against a city police department are treated as claims against the city, requiring an official policy or custom that caused the alleged violation.

Williams v. Dyersburg Police Department · filed 2019-04-29

Magistrate Judge York further determined that if Plaintiff’s claims are construed as having been brought against the Defendant officers only in their official capacities, those claims, as well as the claims against the DPD, must be treated as claims against the City of Dyersburg. As such, the complaint does not identify any official policy or custom of the City that caused the alleged constitutional violation. ... The R&R is ADOPTED, and this case is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim on which relief may be granted.

Section 1983 requires a municipal policy or custom that caused a deprivation of rights to hold a municipality liable.

Williams v. Thomas · filed 2019-04-29

Williams fails to allege a municipal policy or custom of the County that deprived him of a constitutionally protected right. As he has, therefore, failed to state a claim against any Defendant in his official capacity, those claims are dismissed.

Section 1983 permits municipal liability for an employee’s episodic act or omission only when the constitutional violation resulted from a municipal policy or custom adopted and maintained with objective deliberate indifference.

Garza v. City of Donna · filed 2019-04-30

As explained above, to establish municipal liability based on an employee’s episodic act or omission, a plaintiff must show the violation “resulted from a municipal policy or custom adopted and maintained with objective deliberate indifference.” Brumfield, 551 F.3d at 331. ... In sum, whatever we may think of the various DPD employees’ actions on February 19, 2016, Appellants have not set forth evidence by which those actions might reasonably be attributed to the City.

Section 1983 municipal liability based on a widespread practice requires a permanent, well-settled custom; three isolated incidents affecting one detainee are insufficient.

Thomas v. Dart · filed 2019-04-30

The Court must then consider Thomas’s three alleged incidents as isolated ones, not persisting across time or affecting any other detainees. Three such isolated incidents do not rise to the level of being “so permanent and well settled” as to support a widespread-practice claim.

A municipality may be liable under § 1983 when its policy or custom causes a constitutional injury, its failure to act reflects deliberate indifference, or a final policymaker ratifies an employee’s unconstitutional act.

Robinson v. Cnty. of Shasta · filed 2019-05-01

Plaintiffs may support their Monell claim through three possible theories, by showing: (1) official policies or established customs inflicted the alleged constitutional injury; (2) omissions or failures to act reflect a local government policy of deliberate indifference to the constitutional rights at issue; or (3) a City employee with final policy-making authority ratified a subordinate's unconstitutional act.

Section 1983 permits municipal liability when enforcement of a municipal policy causes a violation of a federally protected right.

Birkeland v. Jorgenson · filed 2019-05-01

Under Monell, a municipality is subject to liability under 42 U.S.C. § 1983 only when the violation of the plaintiff’s federally protected right can be attributed to the enforcement of a municipal policy.

Section 1983 permits liability against a local government only when its official policy or custom directly causes a federal rights violation.

T.C. ex rel. Child v. Metro. Gov't of Nashville & Davidson Cnty. · filed 2019-05-06

Under § 1983, a local government entity can only be held liable if the plaintiff demonstrates that the alleged federal violation was a direct result of its official policy or custom.

Section 1983 permits municipal liability when a constitutional violation arises from an official policy or custom, or from a decision by an official with final policymaking authority.

Benner v. Saint Paul Public Schools, I.S.D. 625 · filed 2019-05-06

First, a municipality, such as a school district, is only liable for violating a plaintiff’s constitutional rights if the violation arose pursuant to an “unconstitutional official custom or policy,” Hess v. Ables, 714 F.3d 1048, 1054 (8th Cir. 2013), or where the decisionmaker who took the allegedly illegal action “possess[ed] final authority to establish municipal policy with respect to the action ordered,” Soltesz v. Rushmore Plaza Civic Center, 847 F.3d 941, 946 (8th Cir. 2017) (citing Pembaur v. City of Cincinnati, 475 U.S. 469, 481 (1986)).

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

Degolia v. Kenton Cnty. · filed 2019-05-07

Liability attaches only where a "policy or custom" of the municipal entity was the "moving force [behind] the constitutional violation."

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

Billips v. NYC DOCS · filed 2019-05-08

To hold a municipality liable within the meaning of § 1983, a plaintiff must establish that a policy or custom of the municipality itself caused the constitutional injury.

Section 1983 requires evidence of a municipal policy or custom causing a constitutional deprivation to hold a local government liable.

Carpenter v. Trammel · filed 2019-05-13

As such, the Plaintiff has failed to forecast sufficient evidence of a custom or practice upon which Monell liability could be based. The Court will, therefore, grant summary judgment for Defendants on Plaintiff’s official capacity and governmental entity claims under § 1983.