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· 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 CourtListener

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.