· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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