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Drawing The Limits On Municipal Liability Under 42 Usc Paragraph 1983 And The Meaning Of The Policy And Custom Formulation Of Monell V Department Of Social Services
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Book Synopsis 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 by : Bradley J. Toben
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:
Book Synopsis Municipal Liability Under 42 USC by : LandMark Publications
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.
Book Synopsis Municipal Liability and 42 Usc by : Landmark Publications
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)
Book Synopsis Municipal Liability and 42 U.S.C. § 1983 by : Landmark Publications
Download or read book Municipal Liability and 42 U.S.C. § 1983 written by Landmark Publications and published by . This book was released on 2021-03-16 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. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Title 42 U.S.C. § 1983 provides in relevant part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or 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, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress[.]A municipality or other local government may be liable under § 1983 if the governmental body itself "subjects" a person to a deprivation of rights or "causes" a person "to be subjected" to such deprivation. Monell v. New York City Dept. of Social Servs., 436 U.S. 658, 692 (1978). But, under § 1983, local governments are responsible only for "their own illegal acts." Pembaur v. Cincinnati, 475 U.S. 469, 471 (1986) (emphasis in original) (citing Monell, 436 U.S. at 665-683). They are not vicariously liable under § 1983 for their employees' actions. Id. at 478.Municipal liability under § 1983 has three elements: (1) a policymaker; (2) an official policy; and (3) a violation of a constitutional right whose "moving force" is the policy or custom. Piotrowski v. City of Houston, 237 F.3d 567, 578 (5th Cir. 2001) (citing Monell, 436 U.S. at 694). Requiring satisfaction of these elements is "necessary to distinguish individual violations perpetrated by local government employees from those that can be fairly identified as actions of the government itself." Id.An official policy "usually exists in the form of written policy statements, ordinances, or regulations, but may also arise in the form of a widespread practice that is 'so common and well-settled as to constitute a custom that fairly represents municipal policy.'" James v. Harris Cty., 577 F.3d 612, 617 (5th Cir. 2009) (quoting Piotrowski, 237 F.3d at 579). Whatever its form, to yield municipal liability under § 1983, the policy must have been the "moving force" behind the plaintiff's constitutional violation. Piotrowski, 237 F. 3d at 580 (quoting Monell, 436 U.S. at 694). In other words, a plaintiff "must show direct causation, i.e., that there was 'a direct causal link' between the policy and the violation." James, 577 F.3d at 617 (quoting Piotrowski, 237 F.3d at 580). "Where an official policy or practice is unconstitutional on its face, it necessarily follows that a policymaker was not only aware of the specific policy, but was also aware that a constitutional violation [would] most likely occur." Burge v. St. Tammany Par., 336 F.3d 363, 370 (5th Cir. 2003) (citing Piotrowski, 237 F.3d at 579). Covington v. City of Madisonville, (5th Cir. 2020)
Book Synopsis Municipal Liability and 42 U.S.C. § 1983 by : Landmark Publications
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)
Book Synopsis Municipal Liability and 42 U. S. C. § 1983 by : LandMark Publications
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)
Book Synopsis Section 1983 Litigation by : Martin A. Schwartz
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
Book Synopsis Index to Law School Theses and Dissertations by : Sanford R. Silverburg
Download or read book Index to Law School Theses and Dissertations written by Sanford R. Silverburg and published by . This book was released on 1995 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis History of the Supreme Court of the United States by : Charles Fairman
Download or read book History of the Supreme Court of the United States written by Charles Fairman and published by Cambridge University Press. This book was released on 2009-11-23 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconstruction and Reunion, 1864-1888, Part 1A is the first part of the sixth volume of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. In these volumes, Charles Fairman examines the activity of the Supreme Court during the tenure of Chief Justice Salmon P. Chase, considering issues of procedure, doctrine, technicalities of pleading, and the precedents and consequences of the Court's work. The first of the two volumes is devoted to judicial politics and the internal history of the Court during the politically and constitutionally turbulent Reconstruction period. Discussions of specific cases as they relate to the constitutional issues that stemmed from the war's conduct contribute to an overall picture of the Supreme Court's role in Reconstruction and its relationship to presidential and congressional Reconstruction policies.
Author :National Academies of Sciences, Engineering, and Medicine Publisher :National Academies Press ISBN 13 :0309467136 Total Pages :409 pages Book Rating :4.3/5 (94 download)
Book Synopsis Proactive Policing by : National Academies of Sciences, Engineering, and Medicine
Download or read book Proactive Policing written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2018-03-23 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proactive policing, as a strategic approach used by police agencies to prevent crime, is a relatively new phenomenon in the United States. It developed from a crisis in confidence in policing that began to emerge in the 1960s because of social unrest, rising crime rates, and growing skepticism regarding the effectiveness of standard approaches to policing. In response, beginning in the 1980s and 1990s, innovative police practices and policies that took a more proactive approach began to develop. This report uses the term "proactive policing" to refer to all policing strategies that have as one of their goals the prevention or reduction of crime and disorder and that are not reactive in terms of focusing primarily on uncovering ongoing crime or on investigating or responding to crimes once they have occurred. Proactive policing is distinguished from the everyday decisions of police officers to be proactive in specific situations and instead refers to a strategic decision by police agencies to use proactive police responses in a programmatic way to reduce crime. Today, proactive policing strategies are used widely in the United States. They are not isolated programs used by a select group of agencies but rather a set of ideas that have spread across the landscape of policing. Proactive Policing reviews the evidence and discusses the data and methodological gaps on: (1) the effects of different forms of proactive policing on crime; (2) whether they are applied in a discriminatory manner; (3) whether they are being used in a legal fashion; and (4) community reaction. This report offers a comprehensive evaluation of proactive policing that includes not only its crime prevention impacts but also its broader implications for justice and U.S. communities.
Download or read book Thornton V. Brown written by and published by . This book was released on 1994 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Torts by : Sheldon H. Nahmod
Download or read book Constitutional Torts written by Sheldon H. Nahmod and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To view or download the 2018 Supplement to this book, click here. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The fourth edition covers Supreme Court decisions from the past several years, including Minneci v. Pollard (chapter 1), Lane v. Franks and Plumhoff v. Rickard (chapter 3), Connick v. Thompson (chapter 5), Rehberg v. Paulk (chapter 7), Carroll v. Carman, Reichle v. Howards, Ashcroft v. Al-Kidd, Camreta v. Greene, Tolan v. Cotton, Ortiz v. Johnson and Filarsky v. Delia (chapter 8), Lefemine v. Wideman and Perdue v. Kenny A. (chapter 12). The circuit courts have been active over the past few years. We have extensively revised the notes to take account of the recent developments. This edition also welcomes Fred Smith as a coauthor. Constitutional Torts studies circuit and district court decisions as crucial to understanding the developing law of Section 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems. At the same time, the materials continue to emphasize the "tort" aspects of Section 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation. Constitutional Torts provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation. A Teacher's Manual is available to professors. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Book Synopsis Commentaries on American Law by : James Kent
Download or read book Commentaries on American Law written by James Kent and published by . This book was released on 1826 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rule of Law, Human Rights and Judicial Control of Power by : Rainer Arnold
Download or read book Rule of Law, Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2017-05-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Book Synopsis Commentaries on the Constitution of the United States by : Joseph Story
Download or read book Commentaries on the Constitution of the United States written by Joseph Story and published by . This book was released on 1833 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pattern Jury Instructions written by and published by . This book was released on 1997 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Betty J. Hudson Publisher :University of Georgia, Carl Vinson Institute of Government ISBN 13 :9780898542301 Total Pages :604 pages Book Rating :4.5/5 (423 download)
Book Synopsis Handbook for Georgia County Commissioners by : Betty J. Hudson
Download or read book Handbook for Georgia County Commissioners written by Betty J. Hudson and published by University of Georgia, Carl Vinson Institute of Government. This book was released on 2010 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Published in cooperation with the Association County Commissioners of Georgia."
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