A § 1983 complaint fails to state a claim if it relies on boilerplate allegations of municipal bias and statistical win-loss records without specific facts linking the policy to the constitutional injury.
A tenured city employee, discharged and denied relief by the Personnel Board, sues the city under 42 U.S.C. § 1983, alleging the Board’s bias deprived him of due process. The district court dismisses the complaint for failure to state a claim. The court reviews the sufficiency of the pleadings de novo. To establish municipal liability under § 1983, a plaintiff must plead facts showing an express policy, widespread custom, or final policymaker decision caused the constitutional injury. The court holds that the complaint’s boilerplate allegations of bias and statistical comparisons of win-loss records between the Board and neutral arbitrators are insufficient. These assertions lack the factual particularity required to direct the defendant to the cause of the injury, rendering the allegations mere legal conclusions. The court affirms the dismissal.
At page 382 Establishing corporate liability for municipal policy violations134 citing cases“(1) an express policy that, when enforced, causes a constitutional deprivation; (2) a widespread practice that, although not authorized by written law or express municipal policy, is so permanent and well settled as to constitute a custom or usage with the force of law; or (3) an allegation that th…”
- Rihm v. Hancock Cnty. Pub. Library, 954 F. Supp. 2d 840 (S.D. Ind. 2013).published (Boilerplate allegations of a municipal policy, entirely lacking in any factu al support that a [municipal] policy does exist, are insufficient.... The absence of any facts at all to support plaintiffs claim renders the…)
- Charles Kyle v. Morton High Sch., Dist. 201, Margaret A. Kelly, Judy Thompson, 144 F.3d 448 (7th Cir. 1998).published (The complaint, however, is deficient because it fails to include a factual basis to describe with particularity the bias that the plaintiff alleges. Although Fed.R.Civ.P. 8 does not require detailed factual pleading, a…)
- Marshall, No. 1:24-cv-08425 (N.D. Ill. Sept. 2, 2026).McTigue v. City of Chicago, 60 F.3d 381, 382 (7th Cir. 1995) (cleaned up).
- Montes, No. 1:25-cv-00918 (N.D. Ill. Mar. 2, 2026).McTigue v. City of Chicago, 60 F.3d 381, 382 (7th Cir.1995) (internal quotations and citation omitted).
- Gaulden v. Centorion Health, No. 3:25-cv-00667 (N.D. Ind. Sept. 25, 2025).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Cordle v. Fleming, No. 3:25-cv-00335 (N.D. Ind. June 13, 2025).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Washington v. Marthakis, No. 3:24-cv-00396 (N.D. Ind. May 5, 2025).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Thomas v. GEO Grp. Inc, No. 3:21-cv-00448 (N.D. Ind. Mar. 7, 2025).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Johnson v. Illinois Dept. of Corr., No. 1:19-cv-04888 (N.D. Ill. Sept. 30, 2024).Calhoun v. Ramsey, 408 F.3d 375, 379 (7th Cir. 2005) (citing McTigue v. City of Chicago, 60 F.3d 381, 382 (7th Cir. 1995)).
- Banks v. Dart, No. 1:21-cv-06611, 2023 WL 6388063 (N.D. Ill. Sept. 29, 2023).There are three different ways in which a municipality might violate Section 1983: “(1) through an express policy that, when enforced, causes a constitutional deprivation; (2) through a ‘wide-spread practice’ that although not authorized b…
Show 118 more citing cases
- Wesley v. Armor Corr. Health Servs. Inc, No. 2:19-cv-00918, 2022 WL 16748861 (E.D. Wis. Nov. 7, 2022).Wis. 1998) (citing McTigue v. City of Chicago, 60 F.3d 381, 382 (7th Cir. 1995)).
- Thomas v. GEO Grp. Inc, No. 3:21-cv-00448 (N.D. Ind. Mar. 21, 2022).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Klein v. Mele, No. 2:19-cv-00484 (N.D. Ind. Mar. 21, 2022).Id. (quoting McTigue v. City of Chicago, 60 F.3d 381, 382 (7th Cir. 1995)).
- Hankle-Sample v. City of Chicago, The, No. 1:20-cv-01997, 2021 WL 4461557 (N.D. Ill. Sept. 29, 2021).To allege a plausible custom, Plaintiff must show “a ‘wide-spread practice’ that although not authorized by written law and express policy, is so permanent and well-settled as to constitute a ‘custom or usage’ with the force of law.” Calho…
- Allen v. Bd. of Trs. Rock Valley Coll., No. 1:19-cv-05465, 2021 WL 4034067 (N.D. Ill. Sept. 3, 2021).Accordingly, the Court construes Plaintiff’s local governmental unit might violate Section 1983: “(1) through an express policy that, when enforced, causes a constitutional deprivation; (2) through a ‘wide-spread practice’ that although no…
- RD v. Concord Cmty. Schs., No. 3:19-cv-00823 (N.D. Ind. July 15, 2021).“an allegation that the constitutional injury was caused by a person with ‘final policy making authority”
- Brown v. Tippecanoe Cnty. Jail, No. 4:21-cv-00014 (N.D. Ind. May 19, 2021).Id. (quoting McTigue v. City of Chicago, 60 F.3d 381, 382 (7th Cir. 1995)).
- Brown v. Tippecanoe Cnty. Jail, No. 4:21-cv-00014 (N.D. Ind. Apr. 9, 2021).Id. (quoting McTigue v. City of Chicago, 60 F.3d 381, 382 (7th Cir. 1995)).
- DiMaio v. Hain, No. 1:19-cv-06613 (N.D. Ill. Mar. 19, 2021).Calhoun v. Ramsey, 408 F.3d 375, 379 (7th Cir. 2005) (citing McTigue v. City of Chicago, 60 F.3d 381, 382 (7th Cir. 1995)).
- Howard v. Marshall Co Sheriffs Dept, No. 3:19-cv-01031 (N.D. Ind. Jan. 14, 2021).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Hatter v. Marshall Co Sheriffs Dept, No. 3:19-cv-01091 (N.D. Ind. Jan. 14, 2021).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Rawls v. LaPorte Cnty. Sheriffs Dep't, No. 4:19-cv-00003 (N.D. Ind. Nov. 24, 2020).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Bernard v. Scott, 501 F. Supp. 3d 611 (N.D. Ill. 2020).publishedIn Calhoun, the Seventh Circuit noted that: We have identified three different ways in which a municipality or other local governmental unit might violate § 1983: (1) through an express policy that, when enforced, causes a constitutional d…
- Sanders v. Chicago Transit Auth., No. 1:19-cv-04656 (N.D. Ill. Sept. 3, 2020). (holding that allegations of a municipal policy without any factual support are merely legal conclusions)
- Dewald v. Gorske, No. 3:18-cv-00182 (N.D. Ind. Aug. 18, 2020).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Burnworth v. Hornaday, No. 3:20-cv-00012 (N.D. Ind. Aug. 12, 2020).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Bennett v. Sevier, No. 3:18-cv-00852 (N.D. Ind. Aug. 10, 2020).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Tusing v. St Joseph Cnty. Jail, No. 3:19-cv-00999 (N.D. Ind. July 13, 2020).“a widespread practice that, although not authorized by written law or express . . . policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Santos v. Cnty. of Lake, No. 2:17-cv-00273 (N.D. Ind. June 1, 2020).McCormick v. City of Chicago, 230 F.3d 319, 324 (7th Cir. 2000) (citing McTigue v. City of Chicago, 60 F.3d 381, 382 (7th Cir. 1995)).
- Conyers v. Fitzpatrick, No. 1:12-cv-06144 (N.D. Ill. May 18, 2020).“custom or usage” with the force of law; or (3) an allegation that the constitutional injury was caused by a person with final policymaking authority”
- Beasley v. Granite City, 442 F. Supp. 3d 1066 (S.D. Ill. 2020).published“constitutional injury was caused by a person with final policymaking authority”
- Huertas v. Waite, No. 2:19-cv-00592 (E.D. Wis. Feb. 19, 2020).A “policy or custom” may take one of three forms: (1) through an express policy that, when enforced, causes a constitutional deprivation; (2) through a “wide- spread practice” that although not authorized by written law and express policy,…
- Stanley v. Wexford Med. Servs., No. 3:19-cv-00633 (N.D. Ind. Feb. 18, 2020).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Taylor v. Aramark Food Serv., No. 3:19-cv-01153 (N.D. Ind. Feb. 3, 2020).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Counce v. Wexford Med. Servs. Inc, No. 3:20-cv-00072 (N.D. Ind. Jan. 27, 2020).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Graham v. Coca-Cola Consol., No. 3:19-cv-00386 (N.D. Ind. Dec. 12, 2019).“direct the defendant to the factual cause of the plaintiff’s injury”
- Stanley v. Wexford Med. Servs., No. 3:19-cv-00633 (N.D. Ind. Nov. 21, 2019).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Mummey v. Carter, No. 3:19-cv-00571 (N.D. Ind. Oct. 30, 2019).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Gray v. Canton Twp., No. 1:19-cv-01184 (C.D. Ill. Oct. 24, 2019).McTigue v. City of Chicago, 60 F.3d 381, 382 (7th Cir. 1995); Baxter, 26 F.3d at 736.
- Neidlinger v. Aramark, No. 3:19-cv-00752 (N.D. Ind. Oct. 9, 2019).“a widespread practice that, although not authorized by written law or express . . . policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Copeland v. Johnson, No. 1:18-cv-03780, 2019 WL 4694786 (N.D. Ill. Sept. 26, 2019).Plaintiff then quotes from a Supreme Court case indicating that summary judgment and discovery are the best methods for weeding out unmeritorious municipal liability claims. [54, at 11-12 (quoting Leatherman v. Tarrant County Narcotics Int…
- Jones v. Neal, No. 3:19-cv-00183 (N.D. Ind. Sept. 19, 2019).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Comsys Inc v. City of Kenosha Wisconsin, No. 2:16-cv-00655 (E.D. Wis. Aug. 29, 2019).“(1) an express policy that, when enforced, causes a constitutional deprivation; (2) a widespread practice that, although not authorized by written law or express municipal policy, is so permanent and well settled as to…”
- Williams v. Wexford Med. Svc, No. 3:18-cv-00143 (N.D. Ind. Aug. 21, 2019).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Spates v. Grant Crizer, No. 2:18-cv-00001 (N.D. Ind. Aug. 20, 2019).Ill. Nov. 9, 2011) (quoting McTigue v. City of Chicago, 60 F.3d 381, 382 (7th Cir. 1995)).
- Cislo v. Boyd, No. 2:19-cv-00282 (N.D. Ind. Aug. 19, 2019).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Mayer v. Dart, No. 1:18-cv-08359 (N.D. Ill. Aug. 6, 2019).The Seventh Circuit has primarily “identified three different ways in which a municipality or other local governmental unit might violate § 1983: (1) through an express policy that, when enforced, causes a constitutional deprivation; (2) t…
- Ewing v. Carter, No. 3:19-cv-00553 (N.D. Ind. July 26, 2019).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Jones v. Wexford Med., No. 3:19-cv-00552 (N.D. Ind. July 26, 2019).“a widespread practice that, although not authorized by written law or express [corporate] policy, is so permanent and well settled as to constitute a custom or usage with the force of law”
- Howard L. Jackson v. Marion Cnty., 66 F.3d 151 (7th Cir. 1995).published
- Lawrence Bledsoe v. Solita Pandit, 78 F.3d 586 (7th Cir. 1996).unpublished
- Kelly v. Mun. Courts of Marion Cnty., 97 F.3d 902 (7th Cir. 1996).published
- Charles B. Dietzen v. William Mork, 101 F.3d 110 (7th Cir. 1996).unpublished
- Benjamin Smith v. Brown & Williamson Tobacco Corp., 107 F.3d 873 (7th Cir. 1997).unpublished
- Harris Roach v. City of Evansville, 111 F.3d 544 (7th Cir. 1997).published
- Odie M. Robles v. City of Fort Wayne, Stanley M. Stanford & Pee Tee, Inc., Doing Bus. as Sweet Pete's Tavern, 113 F.3d 732 (7th Cir. 1997).published
- 74 Fair empl.prac.cas. (Bna) 625 v. City of Belleville, 119 F.3d 563 (7th Cir. 1997).published
- Henderson v. Sheahan, 134 F.3d 374 (7th Cir. 1997).unpublished
- Orville Oney v. Leroy Nennig, Jr., 142 F.3d 440 (7th Cir. 1998).unpublished
- Louis Kujawski v. Bd. of Commissioners of Bartholomew Cnty., 183 F.3d 734 (7th Cir. 1999).published
- Donald McCormick v. City of Chicago, 230 F.3d 319 (7th Cir. 2000).published
- C.A. Brokaw v. Mercer Cnty., 235 F.3d 1000 (7th Cir. 2000).published
- Nickolaj Latuszkin v. City of Chicago, 250 F.3d 502 (7th Cir. 2001).published
- Officer James T. McGreal v. Eric Ostrov, Doctor, Vill. of Alsip, Kenneth Wood, 368 F.3d 657 (7th Cir. 2004).published
- Haynes v. Vill. of Lansing, 656 F. Supp. 2d 783 (N.D. Ill. 2009).published
- Wesleyan Pension Fund, Inc. v. First Albany Corp., 964 F. Supp. 1255 (S.D. Ind. 1997).published
- Copeland v. Nw. Mem'l Hosp., 964 F. Supp. 1225 (N.D. Ill. 1997).published
- Nagel v. ADM Inv. Servs., Inc., 995 F. Supp. 837 (N.D. Ill. 1998).published
- Love v. Bolinger, 927 F. Supp. 1131 (S.D. Ind. 1996).published
- Stone-El v. Sheahan, 914 F. Supp. 202 (N.D. Ill. 1995).published
- Harrell v. Sheahan, 937 F. Supp. 754 (N.D. Ill. 1996).published
- Johnson v. Sandidge, 87 F. Supp. 2d 832 (N.D. Ill. 1999).published
- Abraham v. Piechowski, 13 F. Supp. 2d 870 (E.D. Wis. 1998).published
- Werth ex rel. Werth v. Bd. of Directors of the Pub. Schs., 472 F. Supp. 2d 1113 (E.D. Wis. 2007).published
- Hanania v. Loren-Maltese, 319 F. Supp. 2d 814 (N.D. Ill. 2004).published
- Manos v. Caira, 162 F. Supp. 2d 979 (N.D. Ill. 2001).published
- Zentner v. Dunbar, 205 F. Supp. 2d 924 (N.D. Ill. 2002).published
- Sassak v. City of Park Ridge, 431 F. Supp. 2d 810 (N.D. Ill. 2006).published
- Mayer v. Edwards, 538 F. Supp. 2d 1041 (N.D. Ill. 2008).published
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- Buchanan v. City of Kenosha, 57 F. Supp. 2d 675 (E.D. Wis. 1999).published
- Nat'l Hockey League Players' Ass'n v. Nat'l Hockey League, 30 F. Supp. 2d 1029 (N.D. Ill. 1999).published
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At page 383 Insufficiency of factual allegations for section 1983 liability2 citing cases“boilerplate allegations of a municipal policy”
- Eminger, No. 1:24-cv-00444 (N.D. Ind. July 10, 2026).“boilerplate allegations of a municipal policy”
At page 381 “the municipality's policy must be the source of the discrimination.”0 citing cases
v.
CITY OF CHICAGO Personnel Board of the City of Chicago Benjamin Reyes Roger J. Balla Rev. Lucius Hall Timothy J. Johns and Robert G. Gibson
James McTigue was fired from his position with the City of Chicago. In the instant action he sued the City for a violation of 42 U.S.C. § 1983, alleging a deprivation of due process because the Personnel Board was biased against employees. The district court dismissed the complaint pursuant to Fed. R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. We affirm.
On May 5, 1992, McTigue, a tenured employee of the City of Chicago, was discharged from his job by Benjamin Reyes, the Commissioner of Chicago’s Department of General Services. McTigue appealed his discharge to the Personnel Board of the City of Chicago. The Board held a hearing and on October 7, 1992, upheld the discharge. McTigue filed in state court for a writ of certiorari and subsequently sought leave to add a claim pursuant to 42 U.S.C. § 1983. The state court denied the motion to amend, granted McTigue’s petition for review, and granted injunctive relief, ordering the Personnel Board to rehear the discharge case. Prior to the state court decision, McTigue brought the instant section 1983 action, alleging that he was denied property without due process of law. McTigue amended his complaint, and on June 30,1994, the district court dismissed the amended complaint opining that McTi-gue: (1) failed to allege sufficient facts to plead a due process claim, and (2) nonetheless, has no due process claim because adequate state procedural remedies were available to him.
We review de novo and accept as true the well pleaded allegations of the complaint and the reasonable inferences drawn therefrom. Baxter by Baxter v. Vigo County School Corp., 26 F.3d 728, 734 (7th Cir.1994).
A local governmental unit is subject to suit under 42 U.S.C. § 1983. Respondeat superior will not suffice to impose section 1983 liability on the City. Monell v. New York City Dep’t of Social Services, 436 U.S. 668[incorrect citation], 690-91, 98 S.Ct. 2018, 2035-36, 56 L.Ed.2d 611 (1978). The municipality’s policy must be the source of the discrimination. Baxter by Baxter v. Vigo County School Corp., 26 F.3d at 735. Case law recognizes three ways in which a municipality’s policy can violate an individual’s civil rights: “(1) an express policy that, when enforced, causes a constitutional deprivation; (2) ‘a widespread practice that, although not authorized by written law or express municipal policy, is so permanent and well settled as to constitute a “custom or usage” with the force of law’; or (3) an allegation that the constitutional injury was caused by a person with ‘final policymak-ing authority.’ ” Id. at 734-35 (citations omitted). Although it is undisputed that McTigue was deprived of a property interest under color of state law, McTigue has failed to plead additional facts sufficient to state a cause of action under any of the above theories.
Paragraph 8 of McTigue’s complaint reads: 8. Since at least 1990, employees, including Plaintiff, who are disciplined by the City of Chicago, have not received fair and impartial hearings before the Personnel Board or before the Personnel Board’s Hearing Officers. Rather, pursuant to a policy, practice and well established custom of the City of Chicago and its Personnel Board, the Personnel Board and its Hearing Officers have been biased and partial against the employees and in favor of the City.
McTigue asserts that this paragraph satisfies the minimum requirements of notice pleading. The complaint, however, is deficient because it fails to include a factual basis to describe with any particularity the bias that the plaintiff alleges. Although Fed. R.Civ.P. 8 does not require detailed factual pleading, a plaintiffs assertions must still direct the defendant to the factual cause of the plaintiffs alleged injury. “Boilerplate allegations of a municipal policy, entirely lacking in any factual support that a [munici[*383]pal] policy does exist, are insufficient.... The absence of any facts at all to support plaintiffs claim renders the allegations mere legal conclusions of section 1983 liability devoid of any well-pleaded facts.” Baxter by Baxter, 26 F.3d at 736 (citations omitted, brackets in original).
The rest of McTigue’s complaint merely alleging a win-lose record does not cure this deficiency. Paragraphs 9 through 11 of the complaint read:
9. Between 1990 and 1992, inclusive, decisions were issued by the Personnel Board in 54 discipline cases in which AFSCME Counsel 31 (AFSCME) represented the employee, including the decision upholding Plaintiffs discharge. Of these 54 cases, the employee won only 2, lost 41 and split 11. A “split” decision, within the meaning of this Complaint, is one in which some discipline was imposed, but less than was sought by the City.
10. Breaking down the Personnel Board results by year, in 1990, the AFSCME-represented employees won 2, lost 14 and split 6. In 1991, the employees won 0, lost 6 and split 2. In 1992, the employees won 0, lost 21 and split 3.
11. By contrast, between 1990 and 1992, inclusive, decisions were issued by neutral arbitrators in 71 cases between the City of Chicago and AFSCME, including 4 discipline cases. Of these 71 cases, AFSCME won 37, lost 32 and split 2. Of the 4 discipline cases arbitrated before neutrals, AFSCME won 3 and lost 1.
Nowhere is it alleged with any particularity how these statistics reflect an improper City policy. The figures merely suggest that cases before arbitrators were won by union members more than those before the Personnel Board. Even assuming bias somewhere, there is no base to measure Personnel Board bias vis-a-vis arbitrator bias. The statistics do not reflect what difference there is between the cases that go before each body. To allege that different cases before different bodies have different rates of success, and nothing more, is insufficient to satisfy even the loose requirements of notice pleading. Accordingly, we Affirm the district court’s dismissal of McTigue’s amended complaint.
Since the above analysis disposes of the case, we need not discuss the second issue raised by the district court’s decision that the existence of state remedies bars McTigue’s action, even if properly pled.
AFFIRMED.