Download or read book Municipal Liability Under 42 USC written by LandMark Publications and published by . This book was released on 2017-01-06 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE PRINT EDITION OF THE CASEBOOK contains a selection of the most recent indexed and paginated decisions of the official reporter. The decisions analyze and discuss municipal liability under 42 USC Section 1983 pursuant to Monell v. Department of Social Services. The selection of decisions spans from 2014 to the date of publication.In Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), the Supreme Court held that a municipality may not be held liable for a � 1983 violation under a theory of respondeat superior for the actions of its subordinates. In order to establish municipal liability, a plaintiff must show that a "policy or custom" led to the plaintiff's injury. Id. at 694, 98 S.Ct. 2018. The Court has further required that the plaintiff demonstrate that the policy or custom of a municipality "reflects deliberate indifference to the constitutional rights of its inhabitants." City of Canton v. Harris, 489 U.S. 378, 392, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989). Castro v. County of Los Angeles, 833 F. 3d 1060 (9th Cir. 2016).The Supreme Court has strongly suggested that the deliberate indifference standard for municipalities is always an objective inquiry. In City of Canton, which concerned a Fourteenth Amendment claim for failure to train, the Court held that a municipality was deliberately indifferent when "the need for more or different training is so obvious, and the inadequacy so likely to result in the violation of constitutional rights, that the policymakers of the city can reasonably be said to have been deliberately indifferent to the need." Id. at 390, 109 S.Ct. 1197. The Court articulated a standard permitting liability on a showing of notice: "Where a � 1983 plaintiff can establish that the facts available to city policymakers put them on actual or constructive notice that the particular omission is substantially certain to result in the violation of the constitutional rights of their citizens, the dictates of Monell are satisfied." Id. at 396, 109 S.Ct. 1197 (emphasis added). Castro v. County of Los Angeles, ibid.

Download or read book Municipal Liability and 42 U S C 1983 written by Landmark Publications and published by . This book was released on 2020-02-10 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding municipal liability under 42 U.S.C. § 1983. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Although § 1983 subjects only "person[s]" to liability, 42 U.S.C. § 1983, Monell established that "a municipality [such as the City of New York] is a person within the meaning of Section 1983," Vives v. City of New York, 524 F.3d 346, 350 (2d Cir. 2008). 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. See Wray v. City of New York, 490 F.3d 189, 195 (2d Cir. 2007). * * * Monell liability attaches only where an infringement of constitutional rights is caused by a local government policy. See Outlaw v. Hartford, 884 F.3d 351, 372-73 (2d Cir. 2018). In searching for the proper local government that is subject to liability on a given Monell claim we look for "those official or governmental bodies who speak with final policymaking authority ... concerning the action alleged to have caused the particular ... violation at issue." Jett v. Dallas Ind. Sch. Dist., 491 U.S. 701, 737, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989). Bellamy v. City of New York, 914 F. 3d 727 (2nd Cir. 2019)

Download or read book Municipal Liability Under 42 U S C 1983 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1981 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Municipal Liability and 42 Usc written by Landmark Publications and published by Independently Published. This book was released on 2019-03-07 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding municipal liability under 42 U.S.C. § 1983. * * * It is well established that "under § 1983, local governments are responsible only for 'their own illegal acts.' .... They are not vicariously liable under § 1983 for their employees' actions." Connick v. Thompson, 563 U.S. 51, 60, 131 S.Ct. 1350, 179 L.Ed.2d 417 (2011) (quoting Pembaur v. Cincinnati, 475 U.S. 469, 479, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986) (emphasis in Pembaur)); see, e.g., Board of County Commissioners v. Brown, 520 U.S. 397, 403, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997) ("We have consistently refused to hold municipalities liable under a theory of respondeat superior."); City of Canton v. Harris, 489 U.S. 378, 392, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989); Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 665-83, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Plaintiffs who seek to impose liability on local governments under § 1983 must prove, inter alia, that the individuals who violated their federal rights took "'action pursuant to official municipal policy.'" Connick v. Thompson, 563 U.S. at 60, 131 S.Ct. 1350 (quoting Monell, 436 U.S. at 691, 98 S.Ct. 2018). * * * "Official municipal policy includes" not only "the decisions of a government's lawmakers," but also "the acts of its policymaking officials, and practices so persistent and widespread as to practically have the force of law.... These are 'action[s] for which the municipality is actually responsible.'" Connick v. Thompson, 563 U.S. at 61, 131 S.Ct. 1350 (quoting Pembaur, 475 U.S. at 479-80, 106 S.Ct. 1292 (emphasis ours)). Thus, a § 1983 plaintiff need not prove that his injury was caused by an explicitly stated municipal rule or regulation. Further, a municipality may be liable even for its inaction if, in its failure to act, it "'exhibit[ed] deliberate indifference to constitutional deprivations caused by subordinates.'" Cash v. County of Erie, 654 F.3d 324, 334 (2d Cir. 2011) (quoting Amnesty America, 361 F.3d at 126), cert. denied, 565 U.S. 1259, 132 S.Ct. 1741, 182 L.Ed.2d 528 (2012); see generally City of Canton, 489 U.S. at 388-92, 109 S.Ct. 1197. Outlaw v. City of Hartford, 884 F. 3d 351 (2nd Cir. 2018)

Download or read book Municipal Liability and 42 U S C 1983 written by Landmark Publications and published by . This book was released on 2020-02-12 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding municipal liability under 42 U.S.C. § 1983. * * * The cause of action created by § 1983 may be exercised only against a "person who . . . causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws." 42 U.S.C. § 1983. The Supreme Court has interpreted the word "person" broadly, and certain polities, including municipalities, are considered persons for purposes of § 1983 liability. Monell v. Dep't of Soc. Servs., 436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). * * * Although "person" has been given a wide meaning under § 1983, when the person is a municipality, liability attaches only under a narrow set of circumstances: "A municipality may not be held liable under § 1983 on a respondeat superior theory-in other words, 'solely because it employs a tortfeasor.'" D'Ambrosio v. Marino, 747 F.3d 378, 388-89 (6th Cir. 2014) (quoting Monell, 436 U.S. at 691, 98 S.Ct. 2018). Instead, a plaintiff must show that "through its deliberate conduct, the municipality was the 'moving force' behind the injury alleged." Alman v. Reed, 703 F.3d 887, 903 (6th Cir. 2013) (quoting Bd. of Cty. Comm'rs v. Brown, 520 U.S. 397, 404, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997)). A plaintiff does this by showing that the municipality had a "policy or custom" that caused the violation of his rights. Monell, 436 U.S. at 694, 98 S.Ct. 2018. * * * There are four methods of showing the municipality had such a policy or custom: the plaintiff may 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) (citation omitted). Jackson v. City of Cleveland, 925 F. 3d 793 (6th Cir. 2019)

Download or read book Municipal Liability and 42 U S C 1983 written by LandMark Publications and published by . This book was released on 2020-02-11 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding municipal liability under 42 U.S.C. § 1983. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. * * * The cause of action created by § 1983 may be exercised only against a "person who . . . causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws." 42 U.S.C. § 1983. The Supreme Court has interpreted the word "person" broadly, and certain polities, including municipalities, are considered persons for purposes of § 1983 liability. Monell v. Dep't of Soc. Servs., 436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). * * * Although "person" has been given a wide meaning under § 1983, when the person is a municipality, liability attaches only under a narrow set of circumstances: "A municipality may not be held liable under § 1983 on a respondeat superior theory--in other words, 'solely because it employs a tortfeasor.'" D'Ambrosio v. Marino, 747 F.3d 378, 388-89 (6th Cir. 2014) (quoting Monell, 436 U.S. at 691, 98 S.Ct. 2018). Instead, a plaintiff must show that "through its deliberate conduct, the municipality was the 'moving force' behind the injury alleged." Alman v. Reed, 703 F.3d 887, 903 (6th Cir. 2013) (quoting Bd. of Cty. Comm'rs v. Brown, 520 U.S. 397, 404, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997)). A plaintiff does this by showing that the municipality had a "policy or custom" that caused the violation of his rights. Monell, 436 U.S. at 694, 98 S.Ct. 2018.* * * There are four methods of showing the municipality had such a policy or custom: the plaintiff may 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) (citation omitted). Jackson v. City of Cleveland, 925 F. 3d 793 (6th Cir. 2019)

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Download or read book Municipal Liability Law and Practice written by Fontana and published by Wolters Kluwer. This book was released on 1999-12-01 with total page 2820 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Municipal Liability Under 42 U S C 1983 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1981 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: Item no. 1042-A.

Download or read book Section 1983 Litigation written by Martin A. Schwartz and published by Aspen Pub. This book was released on 2003 with total page 1956 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 1983 Litigation

Download or read book Municipal Liability written by Sheldon H. Nahmod and published by . This book was released on 1987 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text discusses 1871 law & its current impact on cities, highlights problems caused by the loss of sovereign immunity & attorney fee award provisions which apply to liability lawsuits, & analyzes alternative policy proposals for changing Section 1983.

Download or read book Drawing the Limits on Municipal Liability Under 42 U S C Paragraph 1983 and the Meaning of the Policy and Custom Formulation of Monell V Department of Social Services written by Bradley J. Toben and published by . This book was released on 1981 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Municipal Liability for Police Misconduct Under 42 U S C 1983 After City of Oklahoma City V Tuttle written by Solomon Oliver and published by . This book was released on 1986 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Municipal Liability written by Fontana and published by Aspen Publishers Online. This book was released on 2006-11-13 with total page 3248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a new two-volume Third Edition, Municipal Liability: Law and Practice provides insightful analysis of the civil rights statutesand—such as Sections 1981, 1982, and 1983and—and the essential Supreme Court cases, plus fully up-to-date explanations on how the courts are expanding or limiting plaintiffsand’ rights against municipalities and their public officials. It gives you clear and thorough discussions on how to establish causes of action and assert defenses, who carries the burden of proof, procedural concerns, the particular factors that different courts look for to determine liability, attorneysand’ fees, damages and much more. Potential civil rights violations by municipalities covered in this two volume resource include: E-Mail in the Workplace Fully grasp the balance between employee privacy rights and employer surveillance rights. The Electronic Communications Privacy Act (ECPA), The Wiretap Act, and The Stored Communications Act are all examined. Sample access and disclosure forms are included. Employment Discrimination Youand’ll find out how to bring an actionand—and defend against oneand— for claims under Title VII (including a detailed discussion of sexual harassment claims); The Civil Rights Act of 1991; the Age Discrimination in Employment Act (ADEA); and the Americans with Disabilities Act (ADA). Plus, several state anti-discrimination laws are discussed to illustrate new developments you need to know. First Amendment Issues Topics include about the impact on First Amendment issues involving freedom of speech, limitations on use of public property, freedom of religion, restrictions on the advertising of alcohol and cigarettes on public ways; and more. Municipal Zoning Topics include establishments that provide adult education; video arcades; the use of building moratoria to slow down development; and liability arising out of the failure to issue a building permit or properly inspect a facility before issuing a certificate of occupancy. Police Misconduct Topics include liability for police officers, supervisors and municipalities; how to show illegal searches, excessive use of force and other violations;malicious prosecution, prisonersand’ rights and freedoms; exhausting state remedies; and more.

Download or read book Municipal Liability Under 42 U S C Sect 1983 Since Monell written by Jon E. Cushman and published by . This book was released on 1986 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Municipal Liability written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1986 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Schwartz on Section 1983 written by Martin A. Schwartz and published by . This book was released on 2020 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: