Difference between revisions of "42 U.S.C. § 1983"
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| − | Municipalities are strictly liable for their Constitutional torts and are not eligible for qualified immunity. <ref>Owen v. City of Independence, 445 U.S. 622 (1980)</ref> | + | Municipalities are strictly liable for their Constitutional torts and are not eligible for qualified immunity. <ref>Owen v. City of Independence, 445 U.S. 622 (1980)</ref> If a municipality cannot be strictly liable under respondeat superior, in what cases can an act of government agency be attributed to the agency itself? Several cases provide illumination: |
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| + | *'''Single Decision Policy''' - Municipality should be held under 1983 when and only when a deliberate choice is made through various alternatives by an official or officials responsible for establishing final policy with respect to the subject matter in question: | ||
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| + | <blockquote>"[W]e hasten to emphasize that not every decision by municipal officers automatically subjects the municipality to 1983 liability. Municipal liability attaches only where the decision maker possesses final authority to establish municipal policy with respect to the action ordered. | ||
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| + | We hold that municipal liability under 1983 attaches where - and only where - a deliberate choice to follow a course of action is made from among various alternatives by the official or officials responsible for establishing final policy with respect to the subject matter in question.<ref>Pembaur v. City of Cincinnati, 475 U.S. 469 (1986)</ref></blockquote> | ||
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| + | *'''Failure to Train''' - | ||
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| + | *'''Negligent Hiring''' - | ||
