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· 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 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.