· 3/19/1973
Howard v. Vincent
Citations
- 410 U.S. 988
- 93 S. Ct. 1520
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that an inference of a municipal policy can be drawn from circumstantial evidence, including “evidence that the municipality had notice of but repeatedly failed to make any meaningful investigation” into allegations of unconstitutional conduct
- noting that the plaintiff is not required to prove his case at this stage
- explaining that, for Monell purposes, the “inference that a policy existed may [] be drawn from circumstantial proof” such as “evidence that the municipality had notice of but repeatedly failed to make any meaningful investigation into [the] charges”
- noting the 3 Federal Rules of Evidence are not relevant at the pleading stage
- “The fact that a pleading contains references to documents that may eventually be ruled inadmissible in evidence is not a proper basis for dismissal.”
- “a single incident alleged in a complaint, especially if it involved only actors below the policy-making level, does not suffice to show a municipal policy.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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.