· 11/10/1992
James Gillette v. Duane Delmore, and City of Eugene
Citations
- 979 F.2d 1342
- 92 Cal. Daily Op. Serv. 9137
- 92 Daily Journal DAR 15158
- 1992 U.S. App. LEXIS 29567
- 1992 WL 321277
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that fire chief’s discretionary authority to hire and fire employees did not make him a final policymaker because he was not responsible for establishing the city’s employment policy
- concluding that a city fire chief who had authority to hire and fire employees, but did not establish the city’s employment policy, was not a final policymaker for the city
- holding 16 \[w]hether a particular official has policy-making authority is a question of state 17 law\
- noting that \the discretionary authority to hire and fire employees . . . is not sufficient to establish a basis for municipal liability [under § 1983].\
- observing that duration of the alleged custom “is a crucial element of the inquiry” and concluding that no reasonable jury could have found that termination was pursuant to an informal policy
- holding, to establish municipal liability based on 27 policymaker's ratification of subordinate's decision, policymaker must \approve [the] subordinate's 9g |decision and the basis for it\ (emphasis omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Wallace, Goodwin, Crocker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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