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· 4/27/2009

McTernan v. City of York, Pa.

Citations

  • 564 F.3d 636
  • 2009 U.S. App. LEXIS 8884
  • 2009 WL 1111097

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that plaintiff failed to “allege conduct by a municipal decisionmaker” in his attempt to assert municipal Section 1983 liability
  • noting that to assert a plausible claim, the plaintiff “must identify [the] custom or policy and specify what exactly that custom or policy was”
  • noting that plaintiff failed to “allege conduct by a municipal decisionmaker” in his attempt to assert municipal Section 1983 liability
  • explaining that to state a municipal custom, the complaint must “specify what exactly that custom or policy was” and demonstrate “knowledge and acquiescence by the decisionmaker”
  • applying heightened scrutiny to a targeted and ad hoc “police directive, issued by officers in the field”
  • affirming district court’s dismissal of, among other things, the “official capacity suit against Defendants Barth, Brenner, and Whitman” because the “complaint simply paraphrases § 1983”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rendell, Smith, Pollak

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.