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· 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 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.