· 10/26/1994
Vickey Searcy, of the Estate of Lawrence Eugene Hileman, and Jerry L. Smith v. City of Dayton and James E. Newby, Roger W. Waller and Dennis Michael
Citations
- 38 F.3d 282
- 30 Fed. R. Serv. 3d 997
- 1994 U.S. App. LEXIS 29705
- 1994 WL 583257
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that such policy or custom “must be ‘the moving force of the constitutional violation’ in order to establish the liability of a government body under § 1983”
- noting that city not liable for injury inflicted solely by employees or agents
- upholding district court's discretion to strike filing not permitted by the Local Rules
- “Monell requires that for a municipality to be held liable under § 1983, a municipal policy or custom must be the moving force behind the constitutional injury.”
- “It is uncontroverted that the Defendants, as on-duty Greenwich police officers acting in the course and scope of their duties, were at all times acting under color of law.”
- “To prove a claim under 42 U.S.C. §1983, a plaintiff must establish: (1) that he was deprived of a right secured by the Constitution or laws of the United States, and (2
Source: CourtListener parenthetical corpus (CC0).
Judges: Milburn, Daughtrey, Weis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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