Owen v. City of Independence

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Owen v. City of Independence, 445 U.S. 622 (1980), was a case decided by the United States Supreme Court , in which the court held that a municipality has no immunity from liability under Section 1983 flowing from its constitutional violations and may not assert the good faith of its officers as a defense to such liability.

Background

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The city council voted to fire the city's chief of police and in doing so, violated his procedural due process rights to a pre-termination hearing. Plaintiff named the city and city council in the suit.

Opinion of the Court

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In an opinion written by Justice Brennan , the Court held that a municipality has no immunity from liability under Section 1983 flowing from its constitutional violations and may not assert the good faith of its officers as a defense to such liability.

External links

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• Text of Owen v. City of Independence, 445 U.S. 622 (1980) is available from: Internet Archive (docket files) Justia Library of Congress Oyez (oral argument audio)

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