· 4/6/1942
Commissioner v. Montague
Citations
- 126 F.2d 948
- 29 A.F.T.R. (P-H) 47
- 1942 U.S. App. LEXIS 4292
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- distinguishing Huffman because the county employee in McDade was “committ[ing] an act that was related to her official duties”
- distinguishing Huffman because the county employee in McDade acted under pretense of state authority by entering her state passcode into a database of private information
- affirming district court's order granting defendant summary judgment and finding that plaintiff failed to show defendant could have foreseen the injury
- no Monell liability where the plaintiff 25 “failed to demonstrate a ‘direct causal link’ to any municipal policy or custom”
- plaintiff cannot 25 demonstrate the existence of a policy based on a single occurrence of unconstitutional action 26 committed by a non-policymaking employee
- “A plaintiff cannot demonstrate 14 the existence of a municipal policy or custom based solely on a single occurrence of 15 unconstitutional action by a non-policymaking employee.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hamilton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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