42 U.S.C. § 1983

A municipality is not liable under § 1983 for an official’s disciplinary decision when the official lacks final policymaking authority because a board meaningfully reviews the decision.

Lopez v. Gibson · filed 2019-05-14

For all these reasons, the district court properly concluded that the defendant Sheriff Gibson in his official capacity was not a final policymaker with respect to Plaintiff Lopez’s demotion, which is necessary to support the municipal liability of Osceola County under § 1983.

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

Hawkins v. Dean · filed 2019-05-14

Plaintiff fails to allege that any policy, custom, or practice of Defendant’s employer, the City of Hope, Arkansas, violated her constitutional rights.

Section 1983 does not permit a municipal liability claim without an underlying constitutional violation.

Crocker v. Regalado · filed 2019-05-16

Accordingly, the Court concludes that—because Plaintiffs’ Complaint fails to support a sufficient causal connection between the alleged constitutional violation and the attack on Grant for purposes of a supervisory liability claim against Glanz under § 1983—a municipal liability claim cannot be pursued when there is no underlying constitutional violation.

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

Taffe v. Wengert · filed 2019-05-17

“Supervisory liability [under § 1983] occurs either when the supervisor personally participates in the alleged constitutional violation or when there is a causal connection between actions of the supervising official and the alleged constitutional deprivation.” ... And “to impose § 1983 liability on a municipality, a plaintiff must show: (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.” ... Because Taffe has not established that Thompson’s constitutional rights were violated, neither the supervisory liability claim nor the municipal liability claim can succeed as a matter of law.

A county may face liability under § 1983 when it delegates final policymaking authority over jail medical care to an official whose decisions cause a constitutional violation.

Howard v. Wilkinson · filed 2019-05-17

Here, viewing the evidence in the light most favorable to Plaintiff and drawing all reasonable inferences in its favor, the Court finds that the County delegated final policymaking authority to Nurse Martin with respect to medical decisions relating to uses of force at the Jail.

A city is liable under Section 1983 only if its policy, custom, or practice caused the violation of a plaintiff’s constitutional rights.

Lopez v. N.Y.C. Department of Correction · filed 2019-05-17

Plaintiff does not state any facts suggesting that a City policy, custom or practice caused his injuries to occur.

Section 1983 permits a municipal liability claim to proceed without a finding of individual officer liability when the verdicts would not be inconsistent.

Tate v. The City of Chicago · filed 2019-05-20

Therefore, the Minor Plaintiffs’ asserted Monell claim may proceed independent of a finding on the individual officers’ liability.

A municipality may face § 1983 liability when its policymakers know of a custom that causes a constitutional injury and fail to correct it.

Donlon v. Hillsborough County, et al. · filed 2019-05-23

Though sparse, taken as true and viewed in the light most favorable to Donlon, these facts raise the inference that Hillsborough County policymakers had actual or constructive knowledge of the custom of denying care to inmates for withdrawal from certain drugs, but did nothing to rectify that custom. ... Construed generously, Donlon’s proposed amended complaint provides enough facts to state a viable Monell claim.

Section 1983 requires a plaintiff suing a county to allege a county policy or custom that caused the constitutional injury.

Lipman v. Budish · filed 2019-05-23

The Complaint contains one count under § 1983. That count alleges a violation of plaintiffs' substantive and procedural due process rights, but nowhere does it allege that the County had a custom, policy, or practice that injured plaintiffs.

Section 1983 permits a claim against a county when a constitutional violation is caused by an official policy or custom.

Powell v. Oklahoma County of · filed 2019-05-23

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

Section 1983 permits liability against a school board only when its own policy or custom causes the alleged harm; respondeat superior liability does not apply.

M.L. v. Williamson Cty. Bd. of Educ. · filed 2019-05-24

Because there is no respondeat superior liability in a § 1983 claim, the Board is liable only if the Board itself caused the parent’s harm through an official policy or custom. ... Without any evidence demonstrating whether the Board had a policy, or what its contours were, the parents have failed to show that any policy or custom caused retaliation for protected speech.

Section 1983 does not make a municipality liable solely for its attorney’s discretionary decisions when the attorney lacks final policymaking authority.

Webb v. Town of Saint Joseph · filed 2019-05-24

They have not shown that the Town Attorney was a final policymaker for these purposes, and therefore have not shown that St. Joseph should be liable as a municipality for his discretionary decisions.

Under Section 1983, municipal liability based on ratification requires a final policymaker to approve both the challenged decision and its discriminatory basis.

Thai Meditation Association of Alabama, Inc. v. City of Mobile, Alabama · filed 2019-05-24

To prevail on a § 1983 claim such as the Equal Protection claim that is asserted here, or on the nondiscrimination RLUIPA claim, a final policymaker must ratify not only the challenged decision itself, but also the discriminatory basis for it.

Section 1983 requires a plaintiff to identify an official responsible for the alleged violation or a basis for holding the county liable.

Hernandez v. Bexar County Sheriff's Dept. · filed 2019-05-28

Hernandez, however, did not identify an official responsible for the alleged constitutional ... violation, nor did he set forth a basis on which Bexar County could be liable.

Section 1983 does not make a municipality vicariously liable for its employees’ actions; municipal liability requires action by the municipality itself that caused the constitutional injury.

Todero v. Blackwell · filed 2019-05-28

A municipality cannot be held vicariously liable under section 1983 for the actions of its agent or employee.

Section 1983 permits a municipal liability claim to proceed when evidence could allow a jury to find that a municipal custom or policy caused the alleged excessive force.

Guglielmo v. Montgomery Cnty. · filed 2019-05-28

Guglielmo has come forward with evidence from which a reasonable juror could find in his favor on his § 1983 claim against Montgomery County based on a custom or policy of permitting the use of excessive force. The motion for summary judgment as to this claim is therefore denied.

Section 1983 requires a plaintiff seeking municipal liability to show that the challenged municipal practice caused the alleged constitutional injury.

Wilson v. Longview School District · filed 2019-05-29

Plaintiffs did not establish that the alleged practice of sending students to the CLC for disciplinary matters caused the Plaintiffs’ alleged constitutional injuries.

Section 1983 requires a plaintiff suing a municipality to allege that a municipal policy, custom, or practice caused the violation of the plaintiff’s rights.

Valentine v. Westchester County · filed 2019-05-29

When a plaintiff sues a municipality under § 1983, it is not enough for the plaintiff to allege that one of the municipality’s employees or agents engaged in some wrongdoing. The plaintiff must show that the municipality itself caused the violation of the plaintiff’s rights.

Section 1983 permits a claim against a county only when a county policy or custom causes the alleged constitutional deprivation.

Woods v. Obion County, Tennessee · filed 2019-05-29

A municipality cannot be held responsible for a constitutional deprivation unless there is a direct causal link between a municipal policy or custom and the alleged constitutional deprivation. ... Woods does not allege that he suffered an injury because of an unconstitutional policy or custom of Obion County. His allegations are directed at individuals who work at the Jail. He therefore fails to state a claim against Obion County.

Section 1983 permits a claim against a municipality only when its policy or custom caused the alleged constitutional deprivation.

Poe v. Gist · filed 2019-05-29

A municipality may be held responsible for a constitutional deprivation only if there is a direct causal link between a municipal policy or custom and the alleged deprivation. ... Poe does not allege that he suffered an injury because of an unconstitutional policy or custom of either Madison County or the City of Jackson. He instead directs his allegations against various officers and their supervisors or superiors. He therefore does not state a claim against Madison County or the City of Jackson.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show a municipal custom or policy directly linked to the alleged violation.

Goich v. Wood · filed 2019-05-30

To establish liability of municipal entities, such as Weber County, under § 1983, "a plaintiff must show (1) the existence of a municipal custom or policy and (2) a direct causal link between the custom or policy and the violation alleged."

An official-capacity § 1983 claim against a municipal officer requires an allegation that a municipal policy or custom caused the injury.

Redd v. Bolton · filed 2019-05-30

In the instant case, Plaintiff does not claim that any alleged harm or violation of his constitutional rights was the result of a custom or policy implemented or endorsed by the Louisville Metro Government. As such, the Court will dismiss Plaintiff’s Fourteenth Amendment claim against Defendant Bolton in his official-capacity/the Louisville Metro Government for failure to state a claim upon which relief may be granted.

Section 1983 permits municipal liability when an official with final decision making authority ratifies unlawful conduct, even if an individual defendant did not implement an unconstitutional policy.

Barrow v. City of Hillview, Ky. · filed 2019-05-31

This is correct; however, a plaintiff need not show that an individual defendant was implementing an unconstitutional policy, ordinance, or custom to succeed on a Monell claim. To establish municipal liability under Monell v. Department of Social Services, a plaintiff has four ways to show that a municipality had a “policy or custom” that caused the violation of his rights. The plaintiff can prove: “(1) the existence of an illegal official policy or legislative enactment; (2) that an official with final decision making authority ratified illegal actions; (3) the existence of a policy of inadequate training or supervision; or (4) the existence of a custom of tolerance or acquiescence of federal rights violations.” Burgess v. Fischer, 735 F.3d 462, 478 (6th Cir. 2013).

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

Mayfield v. Presbyterian Hospital · filed 2019-05-31

Mayfield’s complaint does not allege the existence of a municipal policy or custom sufficient to establish a plausible claim to relief under § 1983.

Section 1983 does not make a municipality liable for an employee’s independent policy when the municipality neither adopted the policy nor participated in the injury.

WINBERRY REALTY PARTNERSHIP VS. BOROUGH OF RUTHERFORD (L-7126-10, BERGEN COUNTY AND STATEWIDE) · filed 2019-05-31

But the Borough itself is not liable because it did not inflict injury as an entity, had no knowledge of it, or participation in it. See Monell, 436 U.S. at 690; Bayer, 414 N.J. Super. at 270. Miller's policy was not the Borough's policy, thus the Borough should not be held vicariously liable.

Section 1983 municipal liability for a hostile environment requires a policy or custom that caused the plaintiff's injury.

Goodwin v. Pennridge Sch. Dist. · filed 2019-05-31

Because Goodwin cannot show the municipal policies or customs she identified were either illegal or caused her damages, her § 1983 hostile environment claim must fail.

Section 1983 requires a plaintiff suing a municipality to allege a municipal policy, custom, or practice that caused a violation of constitutional rights.

Stephen v. Hall · filed 2019-05-31

In other words, to state a § 1983 claim against a municipality, the plaintiff must allege facts showing (1) the existence of a municipal policy, custom, or practice, and (2) that the policy, custom, or practice caused the violation of the plaintiff’s constitutional rights.

A plaintiff can plead municipal liability under Section 1983 by alleging that a final policymaker made a single deliberate decision that caused a constitutional injury.

Wearry v. Perrilloux · filed 2019-06-03

Thus, Wearry has successfully pleaded the existence of an official policy and stated a claim against Perrilloux in his official capacity.

A § 1983 claim based on a municipal official’s decision must allege that the official had final authority to set municipal policy for that action.

Mallatere v. Town of Boone · filed 2019-06-03

However, Plaintiff fails to properly plead the role of any of those alleged policy makers or their authority to set final municipal policy as it pertains to seeking criminal charges.

Section 1983 permits a claim against a sheriff’s department when its official policy or custom violates a plaintiff’s constitutional rights.

Dale v. Agresta · filed 2019-06-04

The department may be liable under § 1983 if its official policy or custom violates a plaintiff’s constitutional rights.

Section 1983 requires a plaintiff seeking to hold a municipality liable to identify a municipal policy or custom that caused its injury.

Wireless Telecom Cooperative, Inc. v. Louisville/Jefferson County Metro Government · filed 2019-06-04

Plaintiff does not allege—let alone provide evidence supporting—the existence of a policy under which it was injured.

Section 1983 requires a plaintiff seeking to hold a county liable to connect the alleged injury to a county policy or custom.

Winston v. Shelby County Sheriff's Office · filed 2019-06-04

The complaint, however, does not state a valid § 1983 claim against Shelby County. ... Winston does not allege that he suffered an injury because of an unconstitutional policy or custom of Shelby County.

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

EZ Pawn Corp. v. City of N.Y. · filed 2019-06-05

The Court concludes that Plaintiff EZ Pawn has produced evidence from which a reasonable trier of fact could find that the NYPD operated under a municipal policy or custom that directly caused a violation of EZ Pawn's Fourth Amendment rights.

A Section 1983 claim based on inadequate municipal training or supervision must identify a specific deficiency that caused the alleged constitutional violation.

FREEMAN v. SCHAFFER · filed 2019-06-05

Plaintiff’s municipal/supervisory § 1983 claims are deficient for several reasons. First, Plaintiff has not identified a specific training or supervisory deficiency that caused the alleged constitutional violation.

Section 1983 holds a county liable for a constitutional injury only when a county policy or custom caused it; employees’ individual actions alone do not suffice.

Turner v. Madison Co. Jail · filed 2019-06-05

Turner does not allege that he suffered an injury because of an unconstitutional policy or custom of Madison County. He instead alleges that the individual Defendants violated his rights through their own actions.

Section 1983 municipal liability for failure to train requires proof of a deficient training program and deliberate indifference.

Taylor v. Moore · filed 2019-06-06

Plaintiff does not identify a deficiency in the Town's training program. Moore was given use of force training in 2013, and Taylor has not shown that the training was lacking.

Section 1983 permits a claim against a municipality when its policy or custom causes a constitutional injury; a failure to train or discipline must show deliberate indifference.

Taylor v. Town of Falmouth · filed 2019-06-06

A plaintiff may bring a § 1983 claim against a municipal entity “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” on the plaintiff. ... On these facts, Taylor has not shown that Falmouth was deliberately indifferent to its officers’ behavior with respect to use of force. Therefore, the Court grants Defendants’ motion for summary judgment with respect to Count III.

Section 1983 makes a county liable only when its official policy or custom is the moving force behind a constitutional deprivation.

Johnson v. Dekalb Cnty. · filed 2019-06-07

Instead, a county will be liable only if the plaintiff can establish that an official custom or policy of the county was the "moving force" behind the deprivation of a constitutional right.

Section 1983 permits a municipal liability claim based on a single retaliatory firing by an official with final policymaking authority.

Wilson v. City of Hattiesburg, Mississippi · filed 2019-06-10

These allegations are enough to state a plausible claim of municipal liability under the single-incident exception to the general rules regarding municipal liability under Section 1983.

Section 1983 treats a private prison medical provider like a municipality, so it cannot be held vicariously liable for its employees’ conduct.

Klein v. Wexford Health Source, Inc. · filed 2019-06-11

Wexford is considered a municipality under § 1983 and therefore cannot be held vicariously liable for its employees’ conduct.

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

Bass v. Taylor · filed 2019-06-12

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.”

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

Moody v. Alexander · filed 2019-06-12

Moody does not allege that he suffered an injury because of an unconstitutional policy or custom of Hardin County. He instead states his claims broadly or against staff members at the Jail. Moody therefore fails to state a claim against Hardin County.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show a deprivation of a federal right pursuant to municipal policy or custom.

Pierce v. City of Phila. · filed 2019-06-13

To hold the City liable under § 1983, Pierce was required to show both that the City deprived her of a federal right and that it did so pursuant to municipal policy or custom. Because the jury reasonably found that Pierce was not discriminated against on the basis of race, she is not entitled to a new trial on the second prong of the inquiry, whether the City had a policy or custom of discrimination.

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

Harris v. Rives · filed 2019-06-13

With regard to the second issue, a municipality cannot be held responsible for a constitutional deprivation unless there is a direct causal link between a municipal policy or custom and the alleged constitutional deprivation. ... In the instant case, Plaintiff does not allege that any of the alleged actions taken by Defendants occurred as a result of a policy or custom implemented or endorsed by Christian County.

Section 1983 requires a plaintiff seeking to hold a municipality liable to show that an official policy or custom caused the alleged constitutional violation.

Buzzanca v. District of Columbia · filed 2019-06-14

To impose liability on a municipality under section 1983, Plaintiff must prove that an “action pursuant to official municipal policy” or custom caused the alleged constitutional violation.

A § 1983 claim against a municipality for failure to train or supervise requires facts supporting deliberate indifference; negligence and conclusory allegations do not suffice.

Watts v. Warren County, Mississippi · filed 2019-06-14

Quoting legal standards is insufficient after Iqbal/Twombly; negligence fails to state a claim under § 1983; Watts never avers any specific previous incidents, much less a pattern; and he does not explain how the alleged lack of supervision by additional officers led to his assault.

Under § 1983, a final municipal policymaker’s affirmative ratification of an employee’s discipline makes that decision municipal policy.

Goza v. Memphis Light, Gas and Water Division · filed 2019-06-14

The decision to demote and discharge Goza was affirmatively approved and ratified by Collins; it was therefore MLGW’s policy.

Section 1983 supervisory and municipal liability claims fail when the underlying conduct violates no constitutional right.

Johnson v. City of Ferguson · filed 2019-06-17

In light of our holding that no seizure and thus no constitutional violation occurred in this case, Johnson’s claim of supervisory liability against Chief Jackson necessarily fails, as perforce does any claim of municipal liability against the City of Ferguson.

Section 1983 requires a plaintiff seeking municipal liability to allege a predicate violation caused by a municipal policy or custom.

Russell v. Corrections Corporation of America · filed 2019-06-17

To determine municipal liability under 42 U.S.C. § 1983, a court must conduct a two-step inquiry. Id. First, a court must determine whether the plaintiff establishes a predicate constitutional or statutory violation. Id. If so, a court then determines whether the complaint alleges that a custom or policy of the municipality caused the violation.

A county is liable under § 1983 only when its policy or custom causes the alleged constitutional injury; employing the officers alone is insufficient.

Fulton v. Shelby County Detention Facility · filed 2019-06-17

Fulton does not allege that he suffered an injury because of an unconstitutional policy or custom of Shelby County. He alleges only that he was injured by the officers’ actions.

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

Smith-Spencer v. S.O.R.T. Staff M. Smith · filed 2019-06-18

Plaintiff does not allege the existence of a Louisville Metro policy or custom that was the moving force behind the alleged unconstitutional use of force. Consequently, Plaintiff has failed to state a claim against Defendants in their official capacities.

Section 1983 permits a municipal liability claim to proceed when the complaint plausibly alleges that a municipal policy or custom caused a constitutional injury.

Whitehead v. Schwartz · filed 2019-06-18

Upon review of the amended complaint, the Court finds that Plaintiff has stated a municipal liability claim against Louisville Metro Government.

A plaintiff seeking to hold a municipality liable under Section 1983 for inadequate supervision must plead that a municipal policy or custom caused the violation of the plaintiff’s rights.

MESADIEU v. CITY OF LINDEN · filed 2019-06-18

As previously explained, a municipality cannot be held liable under Section 1983 simply because it failed to supervise its employees. Instead, a Plaintiff must plead that his rights were violated because of a municipal policy or custom.

Section 1983 requires a plaintiff seeking to hold a city liable to plead an official policy or custom that caused the denial of a constitutional right; conclusory allegations of failure to train or final policymaking authority do not suffice.

Osuan v. New York City Department of Buildings · filed 2019-06-20

To impute liability to the City, Osuan must plead facts suggesting the existence of “(1) an official policy or custom that (2) cause[d] the plaintiff to be subjected to (3) denial of a constitutional right.”

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

Green v. Westchester (D.O.C.) · filed 2019-06-20

There are absolutely no allegations of a policy or custom – official or unofficial – related to Westchester County. ... This statement is still insufficient to trigger Monell liability.

A municipality is liable under Section 1983 only when a municipal custom, policy, or usage causes the deprivation of federal rights.

Diarra v. City of New York · filed 2019-06-21

Here, as the district court correctly held, Diarra came forward with no evidence demonstrating that the alleged deprivations of his federal constitutional rights were the result of a municipal custom, policy, or usage.

A § 1983 claim against a city requires a plausible constitutional violation and a municipal policy or custom that permitted it.

Thomas v. City of Philadelphia · filed 2019-06-21

To plead a § 1983 claim against the City, Thomas was required to plausibly allege (1) a constitutional violation, and (2) the City’s municipal liability for that violation under Monell v. Department of Social Services, 436 U.S. 658 (1978). ... Thus, we agree that Thomas did not plead the City’s liability under Monell.

Section 1983 permits a claim against a county or municipality when a policymaker ratifies a subordinate’s actions; the plaintiff need not separately prove an official policy or custom.

Young v. Bd. of Supervisors of Humphreys Cnty. · filed 2019-06-21

Showing that a policymaker ratified the actions of a subordinate is one way of making out a § 1983 claim against a county or municipality; it is not an additional factor that must be established.

Section 1983 requires a plaintiff seeking to hold a county liable for its employees’ conduct to allege a county policy or custom that caused the constitutional violation.

Johnson v. Brady · filed 2019-06-24

Plaintiff does not allege the existence of a Henderson County policy or custom that was the moving force behind the alleged unconstitutional spraying of mace by Defendants Edmonds and Hirsch. Consequently, Plaintiff has failed to state a § 1983 claim against Defendants Edmonds and Hirsch in their official capacities.

A § 1983 claim against a municipality or supervisor for excessive force requires specific allegations of a policy or training deficiency that caused the constitutional injury.

BRYANT v. SALEM COUNTY · filed 2019-06-24

Plaintiff’s allegations of municipal and supervisory liability for alleged excessive force are conclusory and lack the requisite specificity to state a § 1983 claim. Plaintiff has not identified a specific policy that caused the constitutional deprivation alleged, nor has he alleged a specific training program that was deficient in such a manner as to cause the constitutional violation at issue.

A § 1983 claim against a municipality requires a policy, custom, or practice that caused the violation of the plaintiff’s constitutional rights.

Casiano v. New York City · filed 2019-06-24

In other words, to state a § 1983 claim against a municipality, the plaintiff must allege facts showing (1) the existence of a municipal policy, custom, or practice, and (2) that the policy, custom, or practice caused the violation of the plaintiff’s constitutional rights. ... Plaintiff’s claim against New York City is therefore dismissed.

Section 1983 permits municipal liability only when an official policy or custom caused the violation; an employee without final decision-making authority is not a municipal policymaker.

Baloga v. Pittston Area School District · filed 2019-06-25

A municipality may be held liable pursuant to 42 U.S.C. § 1983 only if a plaintiff is able to identify such a policy or custom. ... As Baloga’s repeated invocation of Superintendent Kevin Booth’s authority demonstrates, Serino did not have final decision-making authority and thus was not a policymaker under Pennsylvania law.

Section 1983 municipal liability requires a constitutional injury and a municipal policy, procedure, or custom allowing or approving the unconstitutional conduct.

Myers v. City of Chicago · filed 2019-06-25

Instead, Plaintiffs must allege both that they suffered a constitutional injury and that the City authorized or maintained a policy, procedure, or custom allowing or approving of the unconstitutional conduct.

Section 1983 permits municipal liability when a constitutional violation results from an official policy, an unofficial custom, or a deliberately indifferent failure to train or supervise.

Perkins v. Missouri State of · filed 2019-06-25

Section 1983 liability for a constitutional violation may attach to a municipality if the violation resulted from (1) an “official municipal policy,” (2) an unofficial “custom,” or (3) a deliberately indifferent failure to train or supervise. ... Here, Plaintiff has not identified any policy, practice, or custom employed by Defendant City of Kansas City that infringed on Plaintiff’s or Reginald Perkins’ constitutional rights.

Section 1983 does not make a county liable for an employee’s constitutional violation unless a county policy or custom caused it.

J.K.J. v. Polk County, Wisconsin · filed 2019-06-26

Thus, a municipality can‐ not be held liable under § 1983 solely because one of its agents or employees may have violated an individual’s constitu‐ tional right.

Section 1983 allows a county to be liable only when its policy or custom causes a violation of constitutional rights.

Longs v. Hawk · filed 2019-06-26

A county may only be liable under section 1983 if its “policy” or “custom” caused a violation of Plaintiff’s constitutional rights. ... In other words, Plaintiff has not alleged that Lancaster County has a policy or custom of denying prisoners access to the courts. Accordingly, Plaintiff has failed to allege sufficient facts to “nudge” his claims against Lancaster County across the line from conceivable to plausible.

A county is liable under Section 1983 only when its policy or custom causes a violation of constitutional rights.

Longs v. Johnson · filed 2019-06-26

A county may only be liable under section 1983 if its “policy” or “custom” caused a violation of Plaintiff’s constitutional rights. ... Accordingly, Plaintiff has failed to allege sufficient facts to “nudge” his claims against Lancaster County across the line from conceivable to plausible.

Section 1983 permits a claim against a county when the complaint plausibly alleges that a county policy or custom caused a constitutional deprivation.

Carlson v. Hardeman County · filed 2019-06-26

The Court holds that the proposed amended complaint plausibly alleges enough facts to show that Hardeman County’s policy or custom was responsible for a purported violation of Carlson’s First Amendment rights.

Section 1983 permits municipal liability when a policy or custom causes a constitutional injury; employment of the wrongdoer alone is insufficient.

Day v. Harris · filed 2019-06-27

Monell liability is not a form of respondeat superior; instead a municipality can only be held liable as an entity under § 1983 “when execution of [its] policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury.” 436 U.S. at 694.

Section 1983 requires evidence that a municipal policy or custom caused the alleged deprivation of rights to hold a local government liable.

CHESTER v. CAPE MAY COUNTY · filed 2019-06-28

To hold such an entity liable under § 1983, plaintiffs must demonstrate that a local government unit adopted a policy or custom and that such policy or custom had been “the moving force” behind the deprivation of their constitutional rights. ... For example, Plaintiff fails to identify any specific county policies or customs, or otherwise refer to competent evidence that implies such a policy or custom.

Section 1983 requires a municipal policy or custom that causes a constitutional deprivation before a municipality can be liable.

Reddell v. Gammill · filed 2019-06-28

To hold a municipality liable under § 1983, a plaintiff must prove (1) the existence of a municipal policy or custom by which the plaintiff was denied a constitutional right and (2) that the policy or custom was the moving force behind the constitutional deprivation.

Section 1983 requires a plaintiff seeking to hold a school district liable to allege an official policy or custom that caused a constitutional violation.

Bhombal v. Irving Independent School District · filed 2019-06-28

Therefore, because the Court finds that the Bhombals’ Complaint fails to adequately allege a Fourteenth Amendment violation or that there was an official policy or custom that caused any purported violation, the Court GRANTS IISD’s Motion to Dismiss on the Bhombals’ Section 1983 claims.

A municipality has no liability under Section 1983 when its officer committed no constitutional violation.

Sparkes v. City of Sunrise · filed 2019-07-01

Officer Loor did not commit a constitutional violation, which means that the City has no municipal liability.

A Section 1983 municipal liability claim fails when the plaintiff cannot establish an underlying Section 1983 violation.

Wellington v. Spencer-Edwards · filed 2019-07-01

Because Plaintiff has not raised a genuine dispute of fact on her § 1983 claim, the Court GRANTS summary judgment for Defendants on Plaintiff's Monell claim as well.

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

Lizotte v. Finley · filed 2019-07-02

Accordingly, the plaintiff has failed to state a claim of direct liability by the Fayette County Sheriff under § 1983 inasmuch as she has not adequately pled the existence of a municipal custom or policy.

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

Block v. Glen · filed 2019-07-02

To establish any liability on the part of Nevada County 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).

Section 1983 does not make a municipality liable solely because it employs a person who committed a wrong.

Minion v. Doe · filed 2019-07-02

“[A] municipality cannot be held liable solely because it employs a tortfeasor -- or, in other words, a municipality cannot be held liable under § 1983 on a respondeat superior theory.”

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

Morales v. McCulloh · filed 2019-07-02

Because the Court finds, based on Morales’ own allegations, that her medical treatment did not rise to the level of a constitutional violation, there can be no Section 1983 municipal liability.

Section 1983 requires facts linking a county’s hiring decision or deliberately indifferent failure to train or supervise to the alleged constitutional injury before the county can be held liable.

Haller v. County of Dundy, Nebraska · filed 2019-07-02

These allegations are not sufficient to establish the requisite causal link between the County’s decision to hire Thibedeau and Haller’s alleged constitutional injuries.

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

SONGG v. PATERSON CITY POLICE DEPARTMENT · filed 2019-07-02

The Court is left with no facts from which it could conclude Plaintiff’s injuries resulted from a policy or custom of the City.

Section 1983 municipal liability based on a city policy requires an underlying constitutional violation.

RIDDLE v. CITY OF COLUMBUS · filed 2019-07-03

Moreover, any claim against the City of Columbus based on an allegation that the City maintained a policy that resulted in the denial of Mr. Riddle’s rights must be dismissed because no constitutional violation has occurred.

Section 1983 requires a plaintiff seeking to hold a school district liable for its employees’ conduct to allege that an official policy or widespread custom caused the deprivation of a constitutional right.

Verrett v. Independent School District 625 · filed 2019-07-03

As to the § 1983 claim, plaintiffs do not allege that either the science teacher’s or the assistant principal’s conduct followed any official District custom or policy.

A single denial letter does not by itself create a genuine factual dispute that a county policy or custom caused a constitutional injury under § 1983.

Hoffmann v. Lassen County · filed 2019-07-05

The single denial letter alone is insufficient to raise a genuine dispute of material fact as to whether any policy or custom of Lassen County caused Hoffman to suffer constitutional injuries.

A municipality is liable under § 1983 only when its policy or custom causes the constitutional injury; an isolated officer action does not support an official-capacity claim.

Gregory v. Coomes · filed 2019-07-08

In the instant case, the complaint indicates that Plaintiff’s injuries were caused by the individual actions of Defendants Coomes during one isolated incident, rather than by a custom or policy implemented or endorsed by McClean County. Thus, the Court will dismiss Plaintiff’s official-capacity claim against Defendant Coomes for failure to state a claim upon which relief may be granted.

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

Bennett v. New York · filed 2019-07-08

As plaintiff has not adequately demonstrated an underlying violation of her constitutional rights, her claim pursuant to Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978), is dismissed.

Section 1983 requires specific factual allegations of a municipal policy or custom to support a claim against a city.

DeWalt v. Overland Park, Kansas, City of · filed 2019-07-09

Because Mr. DeWalt has failed to plead the existence of a policy or custom through specific factual allegations as required by Federal Rule of Civil Procedure 8, the City’s argument for dismissal of his § 1983 claims is well taken.

Section 1983 municipal liability requires allegations that an official municipal policy, practice, or custom caused the constitutional injury.

Evariste v. Suffolk County Sheriff Department · filed 2019-07-10

Even construing all relevant factual allegations in the proposed amended complaint in Evariste’s favor, the proposed amended complaint is devoid of any specific allegations that could lead to the inference that an official City policy, practice, or custom caused Evariste’s alleged constitutional injuries.

Section 1983 requires a plaintiff seeking municipal liability to allege that the municipality’s policy caused a deprivation of constitutional rights.

Fox v. Doe · filed 2019-07-10

However, Plaintiff has failed to demonstrate how this policy caused him to be subjected to denial of a constitutional right.

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

Smith v. Westchester County Jail · filed 2019-07-10

Thus, to assert a Section 1983 claim against the County, plaintiff must plausibly 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.

Section 1983 permits municipal liability when inadequate staffing, policies, training, or supervision reflects deliberate indifference and causes a constitutional violation.

Meekins v. Oberlin · filed 2019-07-11

We further find, based on the evidence before us, that reasonable jurors could disagree as to whether the alleged inadequacy of the city’s staffing, policies, training or supervision was obvious and so likely to result in the violation of the constitutional rights of potential defendants that the city could be found to be deliberately indifferent. We further find that reasonable jurors could disagree as to whether the city was a “moving force” behind the alleged violation of Meekins’ constitutional rights, i.e., whether but for the city’s alleged “policy or custom” of inadequate staffing, training or supervision, Meekins’ constitutional rights would not have been violated.

Section 1983 municipal liability can rest on an informal practice or custom without proof of a formal policy or deficient training.

S.R. Nehad v. Browder · filed 2019-07-11

As an initial matter, Appellants need not show evidence of a policy or deficient training; evidence of an informal practice or custom will suffice.

A county may be liable under § 1983 for a jail policy attributable to its sheriff when the sheriff is the county’s final policymaker for the jail.

Espinosa-Hernandez v. Board of County Commissioners of Oklahoma County · filed 2019-07-12

Because Plaintiff alleges Sheriff Whetsel is the final policymaker with regard to the Jail for the County, Plaintiff has sufficiently pled a § 1983 against the Board.

An official-capacity § 1983 claim against a county employee requires an alleged county policy or custom connected to the constitutional deprivation.

Martinez v. Goldman · filed 2019-07-15

The Court finds that Plaintiff has not alleged a policy or custom of Jefferson County related to the allegations in the complaint. Plaintiffs official-capacity claim will be dismissed for failure to state a claim upon which relief may be granted.

Section 1983 permits claims against a municipality and its policymakers when they deliberately deny required, practicable predeprivation process, even if state law offers a postdeprivation remedy.

Bradley v. Village of University Park, IL · filed 2019-07-16

Where predeprivation procedures are both required and practicable, municipal policymakers expose the municipality and themselves to liability under § 1983 if they deliberately disregard an individual's constitutional due process rights. This is true even when state law also offers postdeprivation remedies.

Section 1983 permits municipal liability only when a policy or custom is responsible for the violation of a protected right.

Stoute v. City Of Tewksbury · filed 2019-07-16

Plaintiff’s complaint fails to allege that any deprivation of his rights was attributable to a policy or custom of the city. Absent such claim, there is no support for a Section 1983 claim.

Section 1983 permits municipal liability only when a violation of rights is attributable to a municipal policy or custom.

Stoute v. City of Everett · filed 2019-07-16

Here, the complaint fails to reference a policy or custom by either city to support a Section 1983 claim.

A company providing inmate medical services cannot be liable under Section 1983 without an underlying constitutional violation.

KYAM v. HUDSON COUNTY JAIL · filed 2019-07-17

Further, with no denial of a constitutional right, Plaintiff cannot make out a Section 1983 claim against CFG.

To hold a municipality liable under § 1983 for a multimember board’s retaliatory decision, the plaintiff must show that a majority of the board had retaliatory animus.

Griggs v. Chickasaw County, Mississippi · filed 2019-07-18

We agree that Griggs was required to show that a majority of the Board had retaliatory animus.

Section 1983 permits municipal liability when a policy or custom directly causes a constitutional injury, but not merely because a municipal employee acted unlawfully.

Crowson v. Washington County · filed 2019-07-19

Mr. Crowson also seeks to hold Washington County liable under § 1983. Local governments can be held liable for constitutional violations, but not simply for the unconstitutional acts of their employees. ... Rather, a plaintiff “must show 1) the existence of a municipal policy or custom, and 2) that there is a direct causal link between the policy or custom and the injury alleged.”

Section 1983 does not impose liability on a local government merely because it supervised or trained the officer who allegedly violated a person’s rights.

Sena v. Benjamin · filed 2019-07-19

Plaintiff’s allegation that each entity was “responsible for the oversight, supervision, and training” of Benjamin is insufficient to state a Section 1983 claim against the entity.

Section 1983 municipal liability requires facts showing that an official policy, widespread custom, or policymaker action caused the alleged constitutional violation.

Switzer v. The Village of Glasford Illinois · filed 2019-07-22

Here, Plaintiff fails to sufficiently demonstrate an official policy, widespread custom, or action by a policy-maker to allege a Monell claim.

Section 1983 does not impose municipal liability solely because a municipality employs the person who caused the harm; an official-capacity claim requires a policy or custom connected to the alleged deprivation.

Eisman v. Casey · filed 2019-07-23

“[A] municipality cannot be held liable solely because it employs a tortfeasor – or, in other words, a municipality cannot be held liable under § 1983 on a respondeat superior theory.” ... The Court finds that Plaintiff has not alleged a policy or custom of Hardin County related to the allegations in the complaint. Plaintiff’s official-capacity claim will be dismissed for failure to state a claim upon which relief may be granted.

A municipality is liable under Section 1983 only when its policy, practice, or custom is the moving force behind a constitutional violation.

Rodgers v. Gusman · filed 2019-07-23

Plaintiff does not point to any evidence showing that any policies, practices, or customs of City Defendants resulted in a violation of Decedent’s constitutional rights, or how any such policies, practices, or customs constituted the “moving force” of the violation. Therefore, there are no issues of material fact in dispute and City Defendants are entitled to judgment as a matter of law on Plaintiff’s Section 1983 claims.

Section 1983 municipal liability based on employee conduct requires a municipal policy or custom; alleging that employees failed to follow municipal protocols does not establish one.

ABDISAMAD v. CITY OF LEWISTON · filed 2019-07-23

Plaintiff’s allegation that the team leader and chaperones failed to observe municipal protocols does not tend to demonstrate that their conduct was the result of a municipal policy or custom.

Section 1983 permits a claim against a municipality for a violation of federal statutory rights when a municipal custom or policy caused the violation.

M.J. v. District of Columbia · filed 2019-07-25

To properly plead a municipal liability claim, a plaintiff must also “allege[] that a custom or policy of the municipality caused the violation.” Baker, 326 F.3d at 1306 (citing Monell, 436 U.S. at 694). ... Accordingly, plaintiffs have sufficiently alleged a Section 1983 claim that survives defendants' motion to dismiss.

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

Longs v. Lincoln Police Officer Groves · filed 2019-07-25

To state a plausible section 1983 claim against the City of Lincoln, Plaintiff must allege that a “policy” or “custom” caused a violation of his constitutional rights.

Section 1983 does not impose respondeat superior liability on municipalities; a municipality may be liable when it is directly responsible for a constitutional deprivation.

Ruiz-Cortez v. Lewellen · filed 2019-07-26

There is no respondeat superior liability for municipalities under 42 U.S.C. § 1983. Monell, however, holds that munici- palities may be liable for § 1983 claims when they are directly responsible for the constitutional deprivation.

Section 1983 requires an alleged municipal or corporate policy or custom that caused the constitutional violation to support an official-capacity claim.

Dyer v. McCoy · filed 2019-07-26

In the instant case, Plaintiff does not claim that any alleged violation of his constitutional rights was the result of a custom or policy implemented or endorsed by Daviess County or SHP. As such, the Court will dismiss Plaintiff’s official-capacity claims for failure to state a claim upon which relief may be granted.

Municipal liability under § 1983 requires an official policy or established custom that caused a constitutional violation; an isolated incident does not establish a custom.

Scott v. Mandeville City · filed 2019-07-26

She provides nothing in her summary judgment briefing about prior incidents of wrongful conduct. Plaintiff points only to this one isolated instance. Accordingly, Plaintiff cannot prevail on her municipal liability claim under § 1983 against Congemi or GNOEC.

Section 1983 does not permit municipal liability for an officer’s conduct without an underlying constitutional violation.

Stonefield v. Lopez · filed 2019-07-29

However, municipalities cannot be held liable for constitutional violations of its officers if there was no underlying constitutional violation.

Municipal liability under § 1983 requires an underlying constitutional violation.

Everett v. Cobb County, Georgia · filed 2019-07-29

The Plaintiff’s § 1983 claims against Defendant Cobb County necessarily fail because there is no underlying constitutional violation.

Section 1983 permits a claim against a school district when the alleged facts plausibly show that it knew of an employee’s misconduct toward students and was deliberately indifferent to the need to remove, train, or supervise him.

Rodriguez v. Boston Public Schools · filed 2019-07-29

The foregoing facts are sufficient, at this stage of the case, to plausibly allege that BPS was on notice of Harrison’s inappropriate—even criminal—behavior toward students, and that it was deliberately indifferent to not remove Harrison from a position where he had unsupervised contact with students or fail to otherwise provide him with additional training or supervision.

Section 1983 permits municipal liability only when a constitutional violation was directly caused by a municipal policy or custom.

The Estate of MichaelAngelo Jackson v. Billingslea · filed 2019-07-29

To sustain a § 1983 Monell claim against the City, Plaintiffs must show (1) they suffered a constitutional violation, and (2) a municipal policy or custom directly caused the violation. ... Without this affidavit Plaintiffs fail to establish a constitutional violation and cannot support their Monell claim for municipal liability.

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

CATO v. THE TOWNSHIP OF ANDOVER · filed 2019-07-29

Here, Plaintiffs have not proffered evidence that the Township or its police department had a policy or custom that caused a violation of Plaintiffs’ constitutional rights.

Section 1983 permits a claim against a county to proceed when the complaint plausibly alleges a county policy that violates the plaintiff’s constitutional rights.

Woods v. West · filed 2019-07-29

As Plaintiff’s assertion that the inmates at the jail do not receive any recreation time and are only allowed out of their cells for meals allows the Court to plausibly infer that Bedford County may have a policy of denying inmates, including Plaintiff, adequate recreation time in violation of Plaintiff’s rights under the Eighth Amendment, however, this claim will proceed.

A county is liable under § 1983 only when its policy, practice, or custom causes a constitutional injury.

Phillips v. Singleton · filed 2019-07-30

In the case at bar, Plaintiff has not demonstrated that any policy, practice, or custom of Hempstead County was the moving force behind any injury he may have suffered. Accordingly, Defendants are entitled to summary judgment on Plaintiff’s official capacity claims.

Section 1983 does not make a county liable for a sheriff’s conduct under respondeat superior; county liability requires an injury caused by a county policy or custom.

Manley v. Bellendir · filed 2019-07-30

While Manley alleges that the County gave Bellendir its “knowledge, approval, and ratification,” he does not claim that Bellendir’s actions were part of a policy or custom of the County. Accordingly, the County cannot be held liable under respondeat superior.

Under § 1983, a county is liable for a constitutional deprivation only when a county policy or custom directly caused it.

Major v. Cooper · filed 2019-07-30

However, Fayette County is not liable merely because it employs the named defendants; in fact, the county cannot be held responsible for alleged constitutional deprivations unless there is a direct causal link between a county policy or custom and the deprivation.

A Section 1983 claim against a municipality must identify a policy or custom, or inadequate training or supervision, that caused the alleged constitutional violation; reciting the elements is insufficient.

NABI v. ABRAMS · filed 2019-07-30

Plaintiff simply states the elements of the § 1983 cause of action; without more, Plaintiff fails to state a claim.

Section 1983 permits Monell liability for a governmental entity whose policy, practice, or custom drives a constitutional violation; a complaint naming no governmental entity states no such claim.

Saterstad v. State of Nevada · filed 2019-07-31

Indeed, Monell claims arise under 42 U.S.C. § 1983 and are the means by which plaintiffs may establish liability for governmental entities whose policies, practices, or customs are “shown to be a moving force behind a violation of constitutional rights.” ... Therefore, because plaintiffs’ amended complaint lists no municipalities or governmental entities as defendants, plaintiffs have not set forth a valid Monell claim and that claim must be dismissed.

Section 1983 does not permit municipal liability for failure to train or supervise when no constitutional violation occurred.

K.W.P. v. Kansas City Public Schools · filed 2019-08-01

Because we hold that no violation of K.W.P.’s constitutional rights occurred, we necessarily hold that the district court erred in denying summary judgment to KCPS on K.W.P.’s municipal liability claim for failure to train and supervise its school resource officers on the use of handcuffs on young children.

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

Wilson v. Hillsborough Township Construc · filed 2019-08-01

Rather, her § 1983 claims are against Hillsborough Township, through several of its municipal departments, but Wilson never identified any municipal policy or custom that resulted in her alleged constitutional violations.

Section 1983 does not make a municipality liable merely because it employs someone who violated constitutional rights.

Arsan v. Keller · filed 2019-08-01

But a municipality cannot be held liable under § 1983 on a respondeat superior theory—or, in other words, because it employs a tortfeasor.

A § 1983 claim against a municipality may proceed when the complaint plausibly alleges a municipal custom that caused a constitutional violation.

Jolly v. Mohave, County of · filed 2019-08-01

But at this stage, Plaintiff’s proposed First Amended Complaint plausibly alleges the existence of a municipal custom of working with prosecutors to obtain criminal charges with false or misleading information and without probable cause.

Section 1983 imposes county liability only when an official policy, custom, or practice causes a constitutional violation.

Badger v. Loe · filed 2019-08-01

To establish any liability on the part of Columbia County under section 1983, “[P]laintiff 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). ... It necessarily follows that Plaintiff cannot establish that the CCDC policy or custom of not employing a full-time nurse or physician for mental or physical treatment contributed to any violation of his constitutional rights.

Section 1983 permits municipal liability when a local policy or practice causes officials to violate constitutional rights; a genuine factual dispute over whether such a policy or practice existed can prevent summary judgment.

Sahoo v. Gleaton · filed 2019-08-01

There are genuine disputes of material fact as to whether defendants violated established policies and procedures and as to whether Wake County had a policy or practice as plaintiffs allege. As such, it would be inappropriate to render summary judgment for defendants on Count V.

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

Ward v. Borders · filed 2019-08-02

A municipality cannot be held responsible for a constitutional deprivation unless there is a direct causal link between a municipal policy or custom and the alleged constitutional deprivation.

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

Rose v. The City of New York · filed 2019-08-02

The plaintiff's municipal liability claim is dismissed because the plaintiff has failed to allege that there was a policy, custom, or practice connected to the officer’s alleged unconstitutional act. In order to sustain a Section 1983 claim against a municipal defendant, the plaintiff must “identify a municipal ‘policy’ or ‘custom’ that caused the plaintiff's injury.”

Section 1983 requires a plaintiff suing a municipality to allege that a municipal policy, custom, or practice caused the violation of the plaintiff’s constitutional rights.

Hunter v. Vance · filed 2019-08-02

In other words, to state a § 1983 claim against a municipality, the plaintiff must allege facts showing (1) the existence of a municipal policy, custom, or practice, and (2) that the policy, custom, or practice caused the violation of the plaintiff’s constitutional rights.

Section 1983 does not make a local government liable for its employees’ acts under a respondeat superior theory.

Vincent v. City of California City · filed 2019-08-05

However, a local government unit may not be held responsible for the acts of its employees under a respondeat superior theory of liability.

Section 1983 requires a plaintiff seeking to hold a private prison operator liable as a municipality to show that an official policy or custom caused the constitutional violation; employee misconduct alone is insufficient.

Green v. Management & Training Corporation · filed 2019-08-05

Thus, there is no respondeat superior liability under § 1983; rather, the key to municipal liability is demonstrating that a deprivation of a constitutional right was inflicted pursuant to an official policy or custom of the municipality in question.

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

Freedman v. Children, Youth and Families Department · filed 2019-08-05

The Complaint fails to state a claim pursuant to 42 U.S.C. § 1983 against the City of Albuquerque and the County of Bernalillo because there are no allegations that policy or custom of either defendant was the moving force behind the alleged constitutional violations.

Section 1983 requires a plaintiff suing a municipality to allege that a municipal policy, custom, or practice caused the violation of the plaintiff’s rights.

Randolph v. Vance · filed 2019-08-05

In other words, to state a § 1983 claim against a municipality, the plaintiff must allege facts showing (1) the existence of a municipal policy, custom, or practice, and (2) that the policy, custom, or practice caused the violation of the plaintiff’s constitutional rights.

A municipality may be liable under § 1983 when its policy or failure to supervise causes a constitutional violation, but a handful of prior lawsuits settled without admissions of liability does not establish a pattern of violations.

Greene v. The City of New York · filed 2019-08-06

Therefore, to the extent that Plaintiffs’ theory of Monell liability is based on the City’s alleged indifference to repeated lawsuits filed against the officers, Defendants are entitled to summary judgment. The handful of allegations over a number of years, all of which settled with no admission of liability, are insufficient to prove a pattern of violations.

Municipal liability under § 1983 requires a policy or custom attributable to the municipality that caused the alleged deprivation of rights.

Young v. Pena · filed 2019-08-06

Second, even if the Monell claim incorporated the disputed photographs, Plaintiffs have not identified any facts from which a reasonable fact finder could reasonably find that the police department had a policy or custom to take photographs in a manner that violated Ms. Katzenjammer’s privacy rights.

A municipality can face liability under Section 1983 when specific allegations plausibly show deliberate indifference to a risk of constitutional violations.

Harris v. Government of the District of Columbia · filed 2019-08-06

The Court will deny defendant’s motion to dismiss plaintiff’s section 1983 claims at this early stage because plaintiff has pled his deliberate indifference theory with sufficient specificity.

A municipality is liable under § 1983 only when its official policy or custom causes a deprivation of a constitutional right.

Vaduva v. City of Xenia · filed 2019-08-07

In order to hold a municipal entity liable under § 1983, “a plaintiff must show: (1) a deprivation of a constitutional right; and (2) that the municipal entity is responsible for that deprivation” by virtue of an “official policy or custom.”

A municipality is liable under § 1983 when an official policy promulgated by a municipal policymaker is the moving force behind a constitutional violation.

Hammond v. Burns · filed 2019-08-07

Instead, to establish the City of New Roads’ liability under § 1983, Hammond must show that “(1) an official policy (2) promulgated by the municipal policymaker (3) was the moving force behind the violation of a constitutional right.”

Section 1983 requires a plaintiff suing a municipality to allege that a municipal policy, custom, or practice caused the violation of the plaintiff’s constitutional rights.

Liverpool v. The City of New York · filed 2019-08-07

In other words, to state a § 1983 claim against a municipality, the plaintiff must allege facts showing (1) the existence of a municipal policy, custom, or practice, and (2) that the policy, custom, or practice caused the violation of the plaintiff’s constitutional rights. ... Plaintiff does not allege facts suggesting that a municipal policy, custom, or practice caused his injury, and thus his complaint does not state a claim against the City of New York.

Section 1983 requires a plaintiff suing a municipality to allege that a municipal policy, custom, or practice caused the violation of the plaintiff’s constitutional rights.

Kravtsov v. Town of Yorktown · filed 2019-08-07

In other words, to state a § 1983 claim against a municipality, the plaintiff must allege facts showing (1) the existence of a municipal policy, custom, or practice, and (2) that the policy, custom, or practice caused the violation of the plaintiff’s constitutional rights.

Section 1983 permits a suit against a city when an official decision by its lawmakers allegedly causes a constitutional injury.

Mogard v. City of Milbank · filed 2019-08-08

“[T]he government as an entity is responsible under § 1983” if the execution of a decision “by its lawmakers . . . inflicts the injury.”

Section 1983 permits a Monell claim when a constitutional injury is caused by an express policy, a settled practice, or a person with final policymaking authority.

Simpson v. Cook County Sheriff's Office · filed 2019-08-08

In order to state a section 1983 claim under Monell, a plaintiff must allege that his constitutional injury was caused by the enforcement of an express policy, a widespread practice so permanent and settled as to constitute a custom or usage with the force of law, or a person with final policymaking authority.

Section 1983 permits county liability on an official-capacity claim only when a county policy or custom caused the alleged violation.

Johnson v. Oakland County Deputy Sheriff · filed 2019-08-08

Plaintiff has not shown the existence of any county legislative enactments or official polices, any action taken by county officials with final decision-making authority, any policy of inadequate training or supervision, or a custom of tolerance or acquiescence of federal violations. Therefore, the allegations in the complaint do not support a theory of county liability.

Section 1983 requires a plaintiff suing a county for a constitutional injury to allege that a county policy or custom caused it.

Teague v. Blount County Jail · filed 2019-08-08

Plaintiff has not alleged that any policy or custom of the Blount County Jail caused him to go without his eye drops for five days, and absent such an allegation, he cannot state a claim against Blount County for the denial of adequate medical care.

Section 1983 limits municipal liability to constitutional violations caused by an official policy attributable to the municipality.

Andrews v. Wayne County · filed 2019-08-09

Section 1983 limits municipal liability to the violation of some “official policy” attributable to the municipality, which may originate from acknowledged government lawmakers or those in positions of responsibility “whose edicts may fairly be said to represent official policy.”

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

Murray v. N.Y. Commision of Corrections · filed 2019-08-09

Under Monell, a municipality is liable under Section 1983 only “when execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the [plaintiff’s] injury.” See Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978). ... Here, plaintiff makes no allegation that a policy or custom inflicted his constitutional injury; therefore, plaintiff fails to allege a Monell claim.

Section 1983 permits municipal liability when allegations plausibly show that a final policymaker ratified an employee’s decision or delegated final policymaking authority to that employee.

Ballou v. McElvain · filed 2019-08-12

Ballou also alleges that the Manager “took no corrective action to stop the unlawful conduct,” plausibly implying that the Manager either ratified McElvain’s decision or that his decision is unreviewable, both of which “state a plausible claim against the City based upon the City Manager delegating authority to the Police Chief for development of policy related to the Police Department.” Dkt. #25 at p. 8. These allegations are plausible.

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

Telzer v. Borough of Englewood Cliffs · filed 2019-08-12

Pursuant to Monell, Telzer could assert a claim under § 1983 against the police department only if the alleged constitutional violation involved a policy officially adopted by the department or where, although not officially adopted, the violation arose from the local government’s “custom.”

Section 1983 does not make a municipality vicariously liable for its employees’ constitutional violations; a plaintiff must link the violation to a municipal custom or policy.

Brown v. Government of the District of Columbia · filed 2019-08-12

Section 1983 does not provide for respondeat superior liability, meaning a municipality cannot be held vicariously responsible for constitutional violations by its officers or employees. Rather, to prevail on their § 1983 claims against the District itself, Plaintiffs must show both predicate constitutional violations and an “affirmative link” between those violations and a District “custom or policy,” such that the policy itself “was the ‘moving force’ behind the violation[s].”

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

Davis v. Watson · filed 2019-08-12

To establish Clark 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) (internal citation omitted).