· 1/28/2013
Randy Mulholland v. Government County of Berks
Citations
- 706 F.3d 227
- 2013 WL 310209
- 2013 U.S. App. LEXIS 2006
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a municipality “can be held responsible as an entity when the injury inflicted is permitted under its adopted policy or custom.”
- holding that a municipality “can be held responsible as an entity when the injury inflicted is permitted under its adopted policy or custom.”
- holding that even if a county agency’s child abuse investigation was inadequate, the parents’ § 1983 claim failed where there was no evidence that the agency “employ[ed] a policy or ha[d] a custom of conducting desultory investigations”
- noting that a welfare agency must “‘consciously disregard[] a great risk that there had been no abuse’”
- explaining that to state a substantive due process claim, a plaintiff must allege facts raising the inference that defendants’ actions were so arbitrary, ill-conceived or malicious as to shock the conscience
- explaining that policies occur when a decisionmaker with final authority “issues an official proclamation, policy or edict” and customs exist only when practices are “so permanent and well-settled as to virtually constitute law.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Scirica, Fisher, Jordan
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.