· 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 CourtListenerSourced 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.