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· 9/18/2019

Carew v. Baker

Citations

  • 2019 NY Slip Op 6588

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding “the first step in every § 1983 claim” is the plaintiff “initially prov[ing] that he was deprived of a federal right.”
  • emphasizing that a municipality can only be held liable for “its own violations”
  • explaining that the plaintiff failed to establish a predicate constitutional or legal violation, thus barring the plaintiff from recovering against the municipality for allegations including failure to train, failure to discipline, and perpetuating a \code of silence\
  • discussing how this element is met when it is “obvious” that the municipality’s action “would lead to constitutional violations and[] the municipality consciously disregarded those consequences”
  • “Nothing in the language of the Due Process Clause itself requires the State to protect the life, liberty, and property of its citizens against invasion by private actors.”
  • “[P]rov[ing] that he was deprived of a federal right . . . [is] the first step in every § 1983 claim, including a claim against a municipality under Monell.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.