Wednesday, April 5, 2017

A municipality's liability on a § 1983 claim.

Practice point:  A municipality may not be held liable pursuant to 42 USC § 1983 solely on a theory of respondent superior. To hold a municipality statutorily liable for the conduct of employees below the policy-making level, a plaintiff must show that the violation of his or her constitutional rights resulted from a municipal custom or policy.

Case:  Blake v. City of New York, NY Slip Op 02399 (2d Dep't March 29, 2017)

Here is the decision. 

Tomorrow's issue: Dismissal based on documentary evidence.