· 7/16/1999
Louis Kujawski v. Board of Commissioners of Bartholomew County, Indiana, and Bartholomew County Community Corrections Department
Citations
- 183 F.3d 734
- 1999 U.S. App. LEXIS 16369
- 1999 WL 504767
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting the “well-established principle that the mere unreviewed discretion to make hiring and firing decisions does not amount to policymaking authority”
- finding municipal liability where the policymaking authority had been delegated “as a matter of custom”
- finding genuine factual dispute as to whether board delegated policymaking authority over community corrections matters to the county’s chief probations officer
- reasoning that “the mere unreviewed discretion to make hiring and firing decisions does not amount to policymaking authority,” but rather, “[t]here must be a delegation of authority to set policy for hiring and firing, not a delegation of only the final authority to hire and fire”
- noting evidence “that the Board never reviewed [the alleged policymaker's] personnel decisions, that [the alleged policymaker] was 'in charge’ of the department, [and] that [the alleged policymaker] called ... meetings and set employment policies for the ... department”
- letting a sub-issue within the policymaker inquiry go to a jury
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffey, Ripple, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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