A city is not liable simply because its officer violated someone’s rights.
Esshaki Legal Media TeamCurrent as of January 2025
A municipality may be sued for constitutional violations, but not on a theory
that it employs the wrongdoer. Liability requires that the violation was caused
by an official policy or custom.
Routes to liability. An express policy; a decision by an official with final
policymaking authority for the subject matter; a widespread practice so
persistent and well-settled that it constitutes custom; or failure to train,
supervise or discipline amounting to deliberate indifference.
Final policymaking authority is determined by state and local law, not by
job title. A police chief may be a final policymaker for some matters and not
others.
Failure to train requires deliberate indifference — usually a pattern of
similar violations putting the municipality on notice, or in rare cases a single
incident where the need for training was so obvious that the consequence was
patently foreseeable.
Causation. The policy must be the moving force behind the violation, which
is a stricter standard than but-for causation.
An underlying violation is required. If no constitutional right was
violated, municipal liability does not arise regardless of the policy.
No punitive damages against a municipality, and no respondeat superior.
Individual defendants remain exposed and may assert qualified immunity, which
the municipality itself cannot.