· 4/17/2002
Overstreet v. Commissioner
Citations
- 33 F. App'x 349
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that punitive damages were not recoverable against a school district or school board
- finding plaintiff “sufficiently pleaded a failure-to-act-or- supervise Monell claim to survive dismissal” where plaintiff “allege[d] that the District’s policymaking officials failed to take any meaningful corrective or preventive action”
- acknowledging a “de facto bar to vicarious liability in sexual assault cases”
- a plaintiff “must allege facts tending to support, at least circumstantially, an inference that such a municipal policy or custom exists”
- “Monell does not provide a separate cause of action against a municipal entity; rather, ‘it extends liability to a municipal organization where that organization’s [policy, practice, or custom] led to an independent constitutional violation.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Browning, Gould, Kleinfeld
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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