green
Positive treatment
Quoted verbatim 3×
215.4 score
G Cite
cited 2× by 2 distinct cases, 2020–2023 ·
…under the law of this circuit, a municipality may not escape liability for a 1983 violation merely because the officer who committed the violation is entitled to qualified immunity.
at p. 365
⚠ not in text
Treatment trajectory · 1993 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
How cited ↗
cited
Cited "but see"
Virgil Vaduva v. City of Xenia
But see Garner v. Memphis Police Dep’t, 8 F.3d 358, 366 (6th Cir. 1993).
cited
Cited "but see"
Virgil Vaduva v. City of Xenia
But see Garner v. Memphis Police Dep’t, 8 F.3d 358, 366 (6th Cir. 1993).
examined
Cited as authority (verbatim quote)
Woodford v. Genesee County Jail
this circuit has stated that to satisfy the monell requirements a plaintiff must identify the policy, connect the policy to the itself and show that the particular injury was incurred because of the execution of that policy.
discussed
Cited as authority (verbatim quote)
Luanna Grote v. Kenton County, Ky.
under the law of this circuit, a municipality may not escape liability for a 1983 violation merely because the officer who committed the violation is entitled to qualified immunity.
discussed
Cited as authority (verbatim quote)
Stephen Nichols v. Wayne County, Mich.
under the law of this circuit, a municipality may not escape liability for a 1983 violation merely because the officer who committed the violation is entitled to qualified immunity.
discussed
Cited as authority (rule)
Jarvis Peele et al. v. Louisville Metro Animal Services et al.
To demonstrate municipal liability, a plaintiff “must (1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Michael D. Anderson v. Lawrence “Larry” Farmer, et al.
Anderson only responds to the claim that he failed to plead a viable policy or custom claim, stating that the Complaint “alleges detailed facts showing that Metro maintained dangerous policies, customs, and patterns of practice.” [DE 23 at 142]. i. § 1983 Policy or Custom To state a § 1983 claim based on a municipal policy or custom, Anderson must “identify the policy, connect the policy to [Metro] itself and show that the particular injury was incurred because of the execution of that policy.” Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993).
discussed
Cited as authority (rule)
Estate of Kelsey Wolfe, b/n/f Next of Kin Roger Wolfe and Melissa Sisk as Administrator of the Estate of Kelsey Wolfe v. Cocke County, Tennessee, Sheriff Armando Fontes, Jail Admin. Josh Hartsell, and CPT. Bob Schaff
Thus, to hold Cocke County liable under Monell, “a plaintiff must identify the policy, connect the policy to the [county] itself and show that the particular injury was incurred because of the execution of that policy.” Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993) (citation and internal quotation marks omitted).
discussed
Cited as authority (rule)
Cornelius Fontane Harris v. Deputy Peck et al.
To demonstrate municipal liability, a plaintiff “must (1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Gregory Allen Peet, Sr. v. McCracken County, Kentucky et al.
To demonstrate municipal liability, a plaintiff “must (1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Marviuan Jamaal Jackson v. Deputy Judkins
To state a claim against a municipality, a plaintiff must “identify the policy, connect the policy to the [entity] itself and show that the particular injury was incurred because of the execution of that policy.” Garner v. Memphis Police Dep’t, 8 F.3d 358, 363-64 (6th Cir. 1993) (quoting Coogan v. City of Wixom, 820 F.2d 170, 176 (6th Cir. 1987), overruled on other grounds by Frantz v. Vill. of Bradford, 245 F.3d 869 (6th Cir. 2001)).
discussed
Cited as authority (rule)
Matthew Drew Miller v. County of Hamilton, Tennessee, et al.
(2×)
To make such a showing, Plaintiff “must ‘identify the policy, connect the policy to the [entity] itself and show that the particular injury was incurred because of the execution of that policy.’” Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993) (quoting Coogan v. City of Wixom, 820 F.2d 170, 176 (6th Cir. 1987)). a.
discussed
Cited as authority (rule)
La’Don D. Arnold v. Department of Codes and Regulations, et al.
To demonstrate municipal liability, a plaintiff “must (1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Steven Russo, Jr. v. Tyler Ford et al.
To demonstrate municipal liability, a plaintiff “must (1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Franklin Ward v. Corrections Officer Shea Adkisson, et al.
Moreover, a plaintiff must show a “direct causal link between the custom and the constitutional deprivation; that is, [he] must show that the particular injury was incurred because of the execution of that policy.” Doe v. Claiborne Cnty., 103 F.3d 495 , 508 (6th Cir. 1996) (internal quotation marks omitted); see also Baynes v. Cleland, 799 F.3d 600, 621 (6th Cir. 2015); Fair v. Franklin Cnty., 215 F.3d 1325 , 2000 WL 659418 , at *3 (6th Cir. 2000) (“Monell requires that a plaintiff identify the policy, connect the policy to the city itself and show that the particular injury occurred bec…
discussed
Cited as authority (rule)
Thomas Sanders v. Officer Dakota Clements, Sergeant Bert De Long, Officer Anothony Shepard, Officer Fleming, Hon. Craig Greenberg, Mayor, Chief of Police Jacquelyn Gwinn-Villaroel, Louisville/Jefferson County Metro Government
To state a § 1983 claim based on a municipal policy or custom, plaintiffs must “identify the policy, connect the policy to [Metro] itself and show that the particular injury was incurred because of the execution of that policy.” Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993) (citation omitted).
cited
Cited as authority (rule)
Ryan Garnow v. Sergeant Andrew Jones, et al.
Est. of Graham v. Cnty. of Washtenaw, 358 F.3d 377, 383 (6th Cir. 2004) (alterations in original) (quoting Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Kendal P. Scott v. City of Bowling Green et al.
To demonstrate municipal liability, a plaintiff “must (1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Aaron C. Knapp v. City of Lorain, et al.
Further, “to satisfy the Monell requirements a plaintiff must ‘identify the policy, connect the policy to the city itself and show that the particular injury was incurred because of the execution of that policy.’” Garner v. Memphis Police Dep't, 8 F.3d 358, 364 (6th Cir. 1993) (quoting Coogan v. City of Wixom, 820 F.2d 170, 176 (6th Cir. 1987)).
discussed
Cited as authority (rule)
Dakota Crew v. County of Medina
Moreover, a plaintiff must show a “direct causal link between the custom and the constitutional deprivation; that is, [he] must show that the particular injury was incurred because of the execution of that policy.” Doe v. Claiborne Cnty., 103 F.3d 495 , 508 (6th Cir. 1996) (internal quotation marks omitted); see also Baynes v. Cleland, 799 F.3d 600, 621 (6th Cir. 2015); Fair v. Franklin Cnty., 215 F.3d 1325 , 2000 WL 659418 , at *3 (6th Cir. 2000) (“Monell requires that a plaintiff identify the policy, connect the policy to the city itself and show that the particular injury occurred bec…
discussed
Cited as authority (rule)
Arthur Davis v. City of Cleveland, et al.
Servs., 436 U.S. 658, 694 (1978). “[T]o satisfy the Monell requirements a plaintiff must ‘identify the policy, connect the policy to the city itself and show that the particular injury was incurred because of the execution of that policy.’” Garner v. Memphis Police Dep't, 8 F.3d 358, 364 (6th Cir. 1993) (quoting Coogan v. City of Wixom, 820 F.2d 170, 176 (6th Cir. 1987)).
discussed
Cited as authority (rule)
Douglas L. Long v. Meade County Detention Center et al.
Thus, to state a claim against a municipality, a plaintiff must “identify the policy, connect the policy to the [entity] itself and show that the particular injury was incurred because of the execution of that policy.” Garner v. Memphis Police Dep’t, 8 F.3d 358, 363-64 (6th Cir. 1993) (quoting Coogan v. City of Wixom, 820 F.2d 170, 176 (6th Cir. 1987), overruled on other grounds by Frantz v. Vill. of Bradford, 245 F.3d 869 (6th Cir. 2001)).
discussed
Cited as authority (rule)
Tanika Shields v. Hamilton County, Ohio, et al.
Plaintiff has failed to “identify the policy, connect the policy to the [County] itself and show that the particular injury was incurred because of the execution of that policy.” Garner v. Memphis Police Dep’t, 8 F.3d 358, 363-64 (6th Cir. 1993) (quoting Coogan v. City of Wixom, 820 F.2d 170, 176 (6th Cir. 1987), overruled on other grounds by Frantz v. Vill. of Bradford, 245 F.3d 869 (6th Cir. 2001)).
discussed
Cited as authority (rule)
Zachary L. Toler v. Frederick D. Pepple, et al.
To state a claim for relief against a municipality under Section 1983, Plaintiff must: “(1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 363 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Andrian Johnson, Jr. v. C/O Stockwell and C/O Schwartz
That is, “[P]laintiff must identify the policy, connect the policy to the [County] itself and show that the particular injury was incurred because of the execution of that policy.” Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993) (citation and internal quotation marks omitted).
discussed
Cited as authority (rule)
Jerry Phippen v. Rutherford County Adult Detention Center et al.
To demonstrate a basis for municipal liability, a plaintiff “must (1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep't, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Jaron Whitney Owens v. Commonwealth’s of Kentucky et al.
To demonstrate municipal liability, a plaintiff “must (1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Delshawn L. Morris, Sr. v. A. Thomas et al.
To demonstrate municipal liability, a plaintiff “must (1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Gregory Jones v. Yvonna Abraham, et al.
The Sixth Circuit has instructed that, to satisfy the requirements of Monell, a plaintiff “must identify the policy, connect the policy to the city itself and show that the particular injury was incurred because of the execution of that policy.” Garner v. Memphis Police Dept., 8 F.3d 358, 364 (6th Cir. 1993) (internal citations and quotations omitted).
discussed
Cited as authority (rule)
Michael Keith Mitchell v. f/n/u l/n/u Assistant Commissioner of Prisons, et al.
Plaintiff must “identify the policy, connect the policy to the [entity] itself and show that the particular injury was incurred because of the execution of that policy.” Garner v. Memphis Police Dep’t, 8 F.3d 358, 353-64 (6th Cir. 1993).
discussed
Cited as authority (rule)
Montrel Hobbs v. Mariah Pacheco et al.
To state a claim against a contracted entity, a plaintiff must “identify the policy, connect the policy to the [entity] itself and show that the particular injury was incurred because of the execution of that policy.” Garner v. Memphis Police Dep’t, 8 F.3d 358, 363-64 (6th Cir. 1993) (quoting Coogan v. City of Wixom, 820 F.2d 170, 176 (6th Cir. 1987), overruled on other grounds by Frantz v. Vill. of Bradford, 245 F.3d 869 (6th Cir. 2001)).
discussed
Cited as authority (rule)
MITCHELL FREEMAN # 520969 v. RUDD MEDICAL CENTER, et al.
The plaintiff must “identify the policy, connect the policy to the [entity] itself and show that the particular injury was incurred because of the execution of that policy.” Garner v. Memphis Police Dep’t, 8 F.3d 358, 353-64 (6th Cir. 1993).
discussed
Cited as authority (rule)
John R. Fouts v. United States of America et al.
To demonstrate municipal liability, a plaintiff “must (1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Hickman v. Kreisher, et al.
To state a claim for relief against a municipality under § 1983, Plaintiff must: “(1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that [his or] her particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 363 (6th Cir.1993)).
discussed
Cited as authority (rule)
Sue Carol Browning v. Leon Smith et al.
Ky. June 3, 2009) (quoting Albright v. Oliver, 510 U.S. 266, 273 (1994)). custom, (2) connect the policy to the [county], and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
cited
Cited as authority (rule)
Cassandra Patterson; and Frank Beamon v. City of Clarksville; and Lyssed Pacheco, in her individual and official capacities
Id. at 694; Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
BARRY THOMAS NANCE v. LESLIE NANCE, et al.;
To demonstrate municipal liability, a plaintiff “must (1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep't, 8 F.3d 358, 364 (6th Cir. 1993)). “[T]he touchstone of ‘official policy’ is designed ‘to distinguish acts of the municipality from acts of employees of the municipality, and thereby make clear that municipal liability is limited to action for which the municipality …
discussed
Cited as authority (rule)
Ryan Lee Rayfield v. Zachary Young and Thomas Fink; Ryan Lee Rayfield v. Bradley County, Tennessee
Thus, to hold a defendant liable under Monell, “a plaintiff must identify the policy, connect the policy to the [entity] itself and show that the particular injury was incurred because of the 9 “[A] pretrial detainee’s excessive force claim brought under the Fourteenth Amendment’s Due Process Clause is subject to the same objective standard as an excessive force claim brought under the Fourth Amendment.” Clay v. Emmi, 797 F.3d 364, 369 (6th Cir. 2015) (citing Kingsley v. Hendrickson, 576 U.S. 389 (2015)). execution of that policy.” Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 …
cited
Cited as authority (rule)
Maria Lee v. Lucas Terpstra, et al.
Est. of Graham v. Cnty. of Washtenaw, 358 F.3d 377, 383 (6th Cir. 2004) (quoting Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Baker v. Coffee County Sheriffs Office
That is, “[P]laintiff must identify the policy, connect the policy to the [County] itself and show that the particular injury was incurred because of the execution of that policy.” Garner v. Memphis Police Dep't, 8 F.3d 358, 364 (6th Cir. 1993) (citation and internal quotation marks omitted).
discussed
Cited as authority (rule)
Beck v. City of Louisville, Kentucky
To demonstrate municipal liability, a plaintiff “must (1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Rightnowar v. Louisville Metro Government
To demonstrate municipal or county liability, a plaintiff “must (1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
cited
Cited as authority (rule)
Strazzullo v. City of Morristown, Tennessee
Jarvis v. Marcum, 77 F. App’x 308, 310 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993) and Gregory v. Shelby Cnty., 220 F.3d 433 , 442 (6th Cir. 2000)).
discussed
Cited as authority (rule)
Beck v. John
To demonstrate municipal liability, a plaintiff “must (1) identify the municipal policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Tidwell v. State of Tennessee
To establish liability under § 1983, a plaintiff must: (1) “identify the policy [or custom]”; (2) “connect the policy [or custom] to the [entity] itself”; and (3) “show that the particular injury was incurred because of the execution of that policy [or custom].” Id. (quoting Garner v. Memphis Police Dept., 8 F.3d 358, 364 (6th Cir. 1993)) (internal citations omitted).
discussed
Cited as authority (rule)
Lester v. Louisville Metro Government
To state a § 1983 claim based on a municipal policy or custom, plaintiffs must “identify the policy, connect the policy to [Metro] itself and show that the particular injury was incurred because of the execution of that policy.” Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993) (citation omitted).
cited
Cited as authority (rule)
Billiards and Brews, LLC v. Tennessee Alcohol Beverage Commission
Jarvis v. Marcum, 77 F. App’x 308, 1 (6th Cir. 2023) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993) and Gregory v. Shelby Cnty., 220 F.3d 433 , 442 (6th Cir. 2000)).
discussed
Cited as authority (rule)
McFadden v. City of Henderson Police Department
To demonstrate municipal liability, a plaintiff “must (1) identify the municipal 8 policy or custom, (2) connect the policy to the municipality, and (3) show that his particular injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir. 2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)).
discussed
Cited as authority (rule)
Cort v. Thorp
“A plaintiff asserting a section 1983 claim on the basis of a municipal custom or policy must ‘identify the policy, connect the policy to the [City] itself and show that the particular injury was incurred because of the execution of that policy.’” Graham v. Cty. of Washtenaw, 358 F.3d 377, 383 (6th Cir. 2004) (quoting Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993), cert. denied, 510 U.S. 1177 (1994)).
discussed
Cited as authority (rule)
Billiards and Brews, LLC v. Tennessee Alcohol Beverage Commission
(Doc. 86 at 5–6.) To successfully state a claim for liability against a municipality for alleged constitutional violations brought under § 1983, a plaintiff must “1) identify a municipal policy or custom; and 2) connect that policy or custom to the municipality that led to the alleged violation of [the plaintiffs’] constitutional rights.” Jarvis v. Marcum, 77 F. App’x 308, 1 (6th Cir. 2023) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993) and Gregory v. Shelby Cnty., 220 F.3d 433 , 442 (6th Cir. 2000)).
Retrieving the full opinion text from the archive…
United States
v.
John L. Tincher, William K. Tincher, and James E. Acord
v.
John L. Tincher, William K. Tincher, and James E. Acord
92-3796.
Court of Appeals for the Sixth Circuit.
Dec 21, 1993.
Published
UNITED STATES of America, Plaintiff-Appellee,
v.
John L. TINCHER, William K. Tincher, and James E. Acord,
Defendants-Appellants.
Nos. 92-3796 to 92-3798.
United States Court of Appeals,
Sixth Circuit.
Dec. 21, 1993.
Before: KEITH and SUHRHEINRICH, Circuit Judges; and, LIVELY, Senior Circuit Judge.
ORDER
[*~358]1
Upon consideration of the petitions for rehearing filed separately by defendants-appellants John L. Tincher and James E. Acord on November 3 and November 5, 1993, respectively, the petitions are ORDERED denied.
[*~368]2
The previous opinion and judgment of this Court filed on October 22, 1993 and reported at 8 F.3d 350 is ORDERED withdrawn and is replaced by an unpublished per curiam opinion.