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· 6/16/2005

Ronnie McCoy Lori McCoy v. City of Monticello Harold West, Mayor Monticello Police Department Sam Norris Ken Ouelette

Citations

  • 411 F.3d 920
  • 2005 U.S. App. LEXIS 11343
  • 2005 WL 1404188

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that without underlying substantive constitutional violation against defendant in his individual capacity, plaintiff cannot be successful on official capacity claim against that defendant’s employer
  • noting that only Kuha represents an exception to the general rule which applies when no individual liability on the underlying substantive claim is found
  • noting that only Kuha represents an exception to the general rule which applies when no individual liability on the underlying substantive claim is found
  • explaining that the Eighth Circuit has consistently recognized that a plaintiff cannot succeed with an official capacity claim without individual liability for an underlying substantive constitutional violation
  • granting summary judgment for defen dant officer on excessive-force claim precluded City from being held liable on an unconstitutional policy or custom theory or failure-to-train .theory
  • “This circuit has consistently recognized a general rule that, in order for municipal liability to attach, individual liability first must be found on an underlying substantive claim.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Riley, Gibson, Gruender

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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.