The Due Process Clause does not impose an independent federal obligation on municipalities to provide minimal levels of safety and security in the workplace.
A widow brought a § 1983 action against a municipality after her husband, a sanitation employee, died from asphyxia in a manhole. She alleged the city violated his constitutional rights by following a custom of deliberate indifference toward employee safety through inadequate training and lack of safety equipment. The court held that the Due Process Clause of the Fourteenth Amendment does not impose an independent federal obligation on municipalities to provide minimal levels of safety and security in the workplace. Furthermore, the city's failure to train or warn employees did not constitute an arbitrary or conscience-shocking deprivation of liberty under the Constitution.
At page 125 Analyzing substantive due process and judicial self-restraint576 citing cases“reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this unchartered area are scarce and open-ended.”
- Samaddar, DDS v. Dist. of Columbia, No. 24-CV-0231 (D.C. July 16, 2026).published ([T]he Supreme Court has emphasized that we must ‘exercise the utmost care’ in extending constitutional protection to an asserted substantive due process right.)
- Sterling v. City of Jackson, No. 24-60370 (5th Cir. Nov. 17, 2025).published See Collins v. City of Harker Heights, Tex., 503 U.S. 115, 127 (1992) (calling “unprecedented” the assertion that “the city violated a federal constitutional obligation to provide its employees with certain minimal levels of safety and sec…
- Eveland v. City of St. Louis, No. 4:22-cv-01068 (E.D. Mo. July 12, 2024).(Analysis of either a procedural or substantive due process claim must begin with an examination of the interest allegedly violated.)
- Neely v. Elmore Cnty., No. 2:22-cv-00177 (M.D. Ala. Mar. 11, 2024).(As a general matter, the Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this unchartered area are scarce and open-ended.)
- Diyonne McGraw v. Khanh-Lien Roberts Banko, No. 22-12987 (11th Cir. Oct. 26, 2023).unpublished([T]he Court has always 1 The other defendants argue that they are not state actors for the purposes of this constitutional claim. We agree. It is “[o]nly in rare circumstances” that a private party can be viewed as a s…)
- Awan v. Mather, No. 2:23-cv-00258, 2023 WL 7002617 (D. Utah Oct. 24, 2023).([Plaintiffs] cannot show that the Government’s visa denial burdened [petitioner’s spouse’s] fundamental rights.)
- Giovanni Lopresti v. Carole A. Johnson, No. 22-1435, 2023 WL 6890732 (3d Cir. Oct. 19, 2023).unpublished(The doctrine of judicial self-restraint requires us to exercise the utmost care whenever we are asked to break new ground in this field.)
- Diyonne McGraw v. Khanh-Lien Banko, No. 22-12987 (11th Cir. Aug. 18, 2023).unpublished([T]he Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this unchar- tered area are scarce and open-ended.)
- Edwards v. California Univ. of Pennsylvania, No. 2:23-cv-00086 (W.D. Pa. Aug. 4, 2023). Collins v. City of Harker Heights, Tex., 503 U.S. 115, 128 (1992) (“[W]e have previously rejected claims that the Due Process Clause should be interpreted to impose federal duties that are analogous to those traditionally imposed by state…
- Fisher v. Moore, 73 F.4th 367 (5th Cir. 2023).published (As a general matter, the Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this unchart[ed] area are scarce and open-ended.)
Show 209 more citing cases
- Eveland v. City of St. Louis, No. 4:22-cv-01068 (E.D. Mo. May 19, 2023).(Analysis of either a procedural or substantive due process claim must begin with an examination of the interest allegedly violated.)
- Fisher v. Moore, 62 F.4th 912 (5th Cir. 2023).published(As a general matter, the Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this unchart[ed] area are scarce and open-ended.)
- Jarrott v. Madrid, No. 2:22-cv-00298 (D.N.M. Nov. 14, 2022). See Collins 503 U.S. at 126, 129 (“[T]he Due Process Clause is not a guarantee against incorrect or ill-advised decisions[, n]or does it guarantee municipal employees a workplace that is free from unreasonable risks of harm.”).
- Mazzarino v. Massachusetts State Lottery Comm'n, No. 1:21-cv-11516 (D. Mass. July 13, 2022).([We have] always been reluctant to expand the concept of substantive due process because the guideposts for responsible decision making in this uncharted area are scarce and open- ended.)
- Tamika Johnson v. City of Philadelphia, 975 F.3d 394 (3d Cir. 2020).published ([G]uideposts for responsible decisionmaking in this unchartered area [of substantive due process] are scarce and open-ended. The doctrine of judicial self-restraint requires us to exercise the utmost care whenever we a…)
- Kitchen v. Whitmer, 486 F. Supp. 3d 1114 (E.D. Mich. 2020).published([T]he Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this unchartered area are scarce and open-ended.)
- Morris v. Brandenburg, 356 P.3d 564 (N.M. Ct. App. 2015).published([W]hen confronted with assertions of new fundamental rights, rather than invite innovation the [c]ourt has counseled caution.)
- K.C. v. Individual Members of the Med. Licensing Bd., 121 F.4th 604 (7th Cir. 2024).published
- K.C. v. Individual Members of the Med. Licensing Bd., No. 23-2366 (7th Cir. Nov. 18, 2024).published
- Sterling v. The City of Jackson, Mississippi, No. 3:22-cv-00531 (S.D. Miss. June 11, 2024).
- Heights Apts., LLC v. Tim Walz, 30 F.4th 720 (8th Cir. 2022).published
- Dobbs v. Jackson Women's Health Org., 597 U.S. 215 (2022).published
- Silvia Cotriss v. City of Roswell, No. 19-12747, 2022 WL 2345729 (11th Cir. June 29, 2022).unpublished
- Jane Doe v. Becky Guffin, No. 21-3269 (8th Cir. Aug. 1, 2022).published
- Gennadiy Nekrilov v. City of Jersey City, 45 F.4th 662 (3d Cir. 2022).published
- Douglass v. Nippon Yusen Kabushiki, 46 F.4th 226 (5th Cir. 2022).published
- Douglass v. Nippon Yusen Kabushiki, No. 20-30382 (5th Cir. Aug. 17, 2022).published
- Scott Troogstad v. City of Chicago, No. 21-3371 (7th Cir. Aug. 29, 2022).published
- Franklin v. United States, 49 F.4th 429 (5th Cir. 2022).published
- Susan Peck v. Anthony Montoya, 51 F.4th 877 (9th Cir. 2022).published
- David Sosa v. Martin Cnty., Florida, 57 F.4th 1297 (11th Cir. 2023).published
- Jose Murguia v. Heather Langdon, 61 F.4th 1096 (9th Cir. 2023).published
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- L. W. v. Jonathan Skrmetti, 73 F.4th 408 (6th Cir. 2023).published
- The Bert Co. v. Turk, Aplts., 298 A.3d 44 (Pa. 2023).published
- The Bert Co. v. Turk, Aplts., 298 A.3d 44 (Pa. 2023).published
- Patricia Polanco v. Ralph Diaz, 76 F.4th 918 (9th Cir. 2023).published
- Paul Eknes-Tucker v. Governor of the State of Alabama, 80 F.4th 1205 (11th Cir. 2023).published
- L. W. v. Jonathan Skrmetti, 83 F.4th 460 (6th Cir. 2023).published
- Hill v. United States Dep't of the Interior, 699 F. Supp. 3d 1 (D.D.C. 2023).published
- Brandon Peterson v. Cmdr. Roger Heinen, 89 F.4th 628 (8th Cir. 2023).published
- Kopf v. Kelly, 2024 IL 127464, 240 N.E.3d 1094.published
- Jacquelyn Mares v. Miami Valley Hosp., 96 F.4th 945 (6th Cir. 2024).published
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- Hughes v. Locure, No. 3:22-cv-00312 (M.D. Ala. Mar. 10, 2023).
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- Vesley v. Illinois Sch. Dist. 45, No. 1:22-cv-02035 (N.D. Ill. Apr. 18, 2023).
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- Edwards v. State of Maryland, No. 8:22-cv-01777 (D. Md. Jan. 24, 2023).
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- Gilmore v. Washington Cnty. Mem'l Hosp., No. 4:22-cv-01008 (E.D. Mo. June 22, 2023).
- F.B. v. Francis Howell Sch. Dist., No. 4:22-cv-00503 (E.D. Mo. May 16, 2024).
- Lowry v. Montana Dep't of Labor & Indus., Unemployment Ins. Div., No. 6:22-cv-00086 (D. Mont. Mar. 5, 2024).
- Nine Stories, LLC v. The City of David City, No. 8:23-cv-00344 (D. Neb. Jan. 22, 2024).
- Lejon-twin El v. State of New Jersey-john Jay Hoffman, No. 2:15-cv-08136 (D.N.J. June 28, 2022).unpublished
- Georges v. Russell, No. 2:22-cv-05559 (D.N.J. May 2, 2023).
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- Fekety v. Wellpath, No. 4:22-cv-01667 (N.D. Ohio Oct. 12, 2023).
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- Brown v. Wetzel, No. 1:21-cv-01436 (M.D. Pa. Sept. 30, 2022).
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- Oxenrider v. Lebanon Cnty. Dist. Attorney, No. 1:22-cv-01557 (M.D. Pa. Apr. 24, 2023).
- Fraser v. The Pennsylvania State Univ., 681 F. Supp. 3d 386 (M.D. Pa. 2023).published
- McKee v. Staff of SCI-Rockview, No. 4:22-cv-01240 (M.D. Pa. July 25, 2023).
- Long v. Doe 1, No. 1:22-cv-01346 (M.D. Pa. July 24, 2023).
- Shaefer v. Chorba, No. 3:23-cv-00019 (M.D. Pa. Sept. 25, 2023).
- Capriotti v. Sadowski, No. 4:21-cv-00308 (M.D. Pa. Feb. 26, 2024).
- Bailey v. Wood, No. 2:21-cv-00179 (W.D. Pa. Dec. 9, 2022).
- Ivers v. Brentwood Borough Sch. Dist., No. 2:20-cv-01244 (W.D. Pa. Apr. 3, 2023).
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- Barnes v. Henderson, No. 3:22-cv-00927 (M.D. Tenn. Feb. 7, 2023).
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- Middlebrooks v. Helton, No. 3:23-cv-00054 (M.D. Tenn. June 14, 2023).
- C.K., a minor child, by & through his Mother & Next Friend, B.M v. West Carroll Special Sch. Dist. Bd. of Educ., No. 1:23-cv-01133 (W.D. Tenn. June 13, 2024).
- Strickland v. Dallas Indep. Sch. Dist., No. 3:22-cv-00056 (N.D. Tex. Aug. 3, 2022).
- State of Texas Off. of the Attorney Gen. of the State of Texas Texas Med. Bd. Texas Health & Human Servs. Comm'n & Ken Paxton, in His Off. Capacity as Attorney Gen. of the State of Texas v. Lazaro Loe, Individually & as Next Friend of Luna Loe, a Minor Mary Moe & Matthew Moe, Individually & as Next Friends of Maeve Moe, a Minor Nora Noe, Individually & as Next Friend of Nathan Noe, a Minor Sarah Soe & Steven Soe, Individually & as Next Friends of Samantha Soe, a Minor Gina Goe, Individually & as Next Friend of Grayson Goe, a Minor Pflag, Inc. Richard Ogden Roberts III, M.D. David L. Paul, M.D. Patrick W. O'malley, M.D. & Am. Ass'n of Physicians for Human, 692 S.W.3d 215 (Tex. 2024).published
- Kayla Gore v. William Lee, 107 F.4th 548 (6th Cir. 2024).published
- Eleanore Kue v. Samnuel North, No. 23-2100 (6th Cir. July 25, 2024).unpublished
- A.W. by & through J.W. v. Coweta Cnty. Sch. Dist., 110 F.4th 1309 (11th Cir. 2024).published
- Paul Eknes-Tucker v. Governor of the State of Alabama, 114 F. 4th 1241 (11th Cir. 2024).published
- Varney v. City of Colorado Springs, Colorado, No. 1:23-cv-01768 (D. Colo. Sept. 10, 2024).
- Stringham v. Carmel Clay Schs., No. 1:22-cv-00817 (S.D. Ind. Jan. 4, 2024).
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- Jenkins v. Young, No. 2:23-cv-13188, 2024 WL 3297137 (E.D. Mich. July 3, 2024).
- Paxton v. Indep. Sch. Dist. No. 7 Leflore Cnty., Oklahoma, No. 6:23-cv-00212 (E.D. Okla. Aug. 28, 2024).
- D.R. v. Downingtown Area Sch. Dist., No. 2:23-cv-04907 (E.D. Pa. July 8, 2024).
- Bethlehem Manor Vill., LLC v. City of Bethlehem, No. 5:22-cv-05215, 2024 WL 4367922 (E.D. Pa. Sept. 30, 2024).
- Doe v. Lee, 752 F. Supp. 3d 884 (M.D. Tenn. 2024).published
- Kelson v. City of Dallas, No. 3:18-cv-03308 (N.D. Tex. Dec. 20, 2023).
- Leise v. Vermont Human Rights Comm'n, No. 2:22-cv-00009 (D. Vt. June 29, 2023).
- Lundy v. Pierce Cnty. Sheriff's Dep't, No. 3:22-cv-05405 (W.D. Wash. Feb. 27, 2023).
- Martinez v. Pierce Cnty., No. 3:22-cv-05919 (W.D. Wash. July 26, 2023).
- Collins Bey, Robert v. Jaeger, Peter, No. 3:22-cv-00187 (W.D. Wis. Oct. 5, 2022).
- Meeks v. McClung, No. 2:20-cv-00583, 2023 WL 8791686 (S.D. W. Va. Dec. 19, 2023).
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- Karcz v. The City of North Tonawanda, No. 1:16-cv-00628 (W.D.N.Y. Dec. 27, 2024).
- O'Dekirk v. Roechner, No. 1:23-cv-04658 (N.D. Ill. Feb. 18, 2025).
- Arthur v. Krause, No. 1:24-cv-00105 (W.D. Mich. Mar. 17, 2025).
- Linardos v. Juthani, No. 3:24-cv-00962, 2025 WL 887693 (D. Conn. Mar. 21, 2025).
- Hallman-Warner v. Bluefield State Coll. Bd. of Directors, No. 1:22-cv-00243 (S.D. W. Va. Mar. 31, 2025).
- Durm v. Marion Cnty., Indiana Sheriff's Off., No. 1:24-cv-01321 (S.D. Ind. Mar. 31, 2025).
- Aurora Regino v. Kelly Staley, 133 F.4th 951 (9th Cir. 2025).published
- Bruce Henry v. Sheriff of Tuscaloosa Cnty., Alabama, 135 F.4th 1271 (11th Cir. 2025).published
- Lathfield Investments, LLC v. City of Lathrup Vill., Mich., 136 F.4th 282 (6th Cir. 2025).published
- Strizich v. Palmer, No. 6:21-cv-00022 (D. Mont. May 6, 2025).
- Canna Provisions, Inc. v. Bondi, 138 F.4th 602 (1st Cir. 2025).published
- Lee v. Gallina-mecca, No. 2:23-cv-06495 (D.N.J. June 6, 2025).unpublished
- King v. Lucus, No. 1:24-cv-00761 (M.D.N.C. June 10, 2025).
- Wachs v. City of Delano, No. 1:23-cv-00445 (E.D. Cal. June 10, 2025).
- Barnes v. Defelice, No. 8:24-cv-03000 (M.D. Fla. May 16, 2025).
- Adam Kanuszewski v. Mich. Dep't of Health & Hum. Servs., 141 F.4th 796 (6th Cir. 2025).published
- Arakelian v. The City of Falls Church, Virginia, No. 1:25-cv-00443 (E.D. Va. June 24, 2025).
- Jung v. City of Philadelphia, No. 2:25-cv-00956 (E.D. Pa. June 30, 2025).
- Schwester v. Borough of Far Hills, No. 3:25-cv-00007 (D.N.J. July 11, 2025).unpublished
- Myers v. Beaverton Sch. Dist. 48J, No. 3:25-cv-00677 (D. Or. July 18, 2025).
- Roberts v. Dep't of Child. & Fam. Servs. (DCFS), No. 4:24-cv-04176 (C.D. Ill. July 29, 2025).
- Poe v. Drummond, 149 F.4th 1107 (10th Cir. 2025).published
- Martin v. City of McFarland, No. 1:25-cv-00483 (E.D. Cal. Aug. 14, 2025).
- Willauer v. Chester Cnty. Intermediate Unit, No. 5:23-cv-03759 (E.D. Pa. Aug. 14, 2025).
- R.W. v. C.L., No. 2:25-cv-00714 (E.D. Pa. Aug. 22, 2025).
- James Hart v. Twp. of Presque Isle, Mich., No. 24-2124 (6th Cir. Sept. 8, 2025).unpublished
- Mangan v. Hanover Area Sch. Dist., No. 3:22-cv-01578 (M.D. Pa. Sept. 16, 2025).
- DD Oil Co v. The West Virginia Dep't of Env't Prot., No. 2:24-cv-00101 (S.D. W. Va. Sept. 19, 2025).
- Rakchi v. The City of New York, 800 F. Supp. 3d 494 (E.D.N.Y. 2025).published
- Kerley v. Servies, No. 4:23-cv-00022 (N.D. Ind. Sept. 29, 2025).
- Metoyer v. Washtenaw Cnty. Road Comm'n, No. 2:24-cv-12503 (E.D. Mich. Sept. 29, 2025).
- Md. Sundor Ali v. Pamela Bondi, No. 24-3867 (6th Cir. Oct. 20, 2025).unpublished
- Santucci, No. 2:25-cv-05172 (E.D. Pa. Oct. 28, 2025).
- Blount-Yeye, No. 1:25-cv-22023 (S.D. Fla. Nov. 12, 2025).
- D.N.N., No. 1:25-cv-01613 (D. Md. Dec. 9, 2025).
- Flavia Pichiorri v. Arthur Burghes, 162 F.4th 745 (6th Cir. 2025).published
- Crowder, No. 1:24-cv-00059 (W.D.N.C. Dec. 22, 2025).
- Marcano, No. 6:24-cv-00571 (M.D. Fla. Dec. 31, 2025).
- Korman, No. 3:21-cv-01516 (M.D. Pa. Jan. 13, 2026).
- Rose v. Nat'l Nuclear Sec. Admin., No. 2025-0912 (D.D.C. Jan. 28, 2026).published
- M.P.C., No. 2:24-cv-00630 (E.D. Wis. Jan. 28, 2026).
- Sainiak, No. 3:24-cv-00538 (M.D. Pa. Feb. 3, 2026).
- Jefferson, No. 4:25-cv-00030 (W.D. Ky. Mar. 31, 2026).
- Courtney Miller v. Eric Miller, et al., No. 3:25-cv-01454 (M.D. Pa. Mar. 10, 2026).
- A.E., Individually & as the Court Appointed Plenary Guardian for the Person & Est. of S.P. v. Mountain View Sch. Dist., No. 3:22-cv-00250 (M.D. Pa. Mar. 12, 2026).
- Myers, No. 3:25-cv-00677 (D. Or. Apr. 17, 2026).
- McKee, No. 4:25-cv-02196 (M.D. Pa. Mar. 19, 2026).
- Dingwall, No. 1:24-cv-01134 (W.D.N.Y. May 12, 2026).
- Feet Forward v. City of Boulder, No. 25CA0110 (Colo. Ct. App. May 14, 2026).unpublished
- Tarmo, No. 4:25-cv-00109 (E.D. Tex. Mar. 20, 2026).
- Neal Miller v. Joseph Wolk, No. 24-1863 (3d Cir. June 3, 2026).unpublished
- Royal Oak Twp. Investments, LLC, et al. v. Royal Oak Twp., et al., No. 2:25-cv-11342 (E.D. Mich. Mar. 12, 2026).
- Rossow, No. 1:23-cv-00131 (D. Idaho June 24, 2026).
- Rodgers, No. 1:25-cv-00124 (W.D. Pa. June 17, 2026).
- Sosnava Rodriguez v. Ortega, 180 F.4th 702 (5th Cir. 2026).published
- Finnies Next Door, Inc, et al. v. St. Joseph Cnty. Health Dep't, et al., No. 3:25-cv-01100 (N.D. Ind. July 8, 2026).
- Withers, No. 2:25-cv-00969 (D. Utah July 22, 2026).
- The Fowlerville Area Fire Auth. v. Handy Twp., No. 2:25-cv-12976 (E.D. Mich. Aug. 3, 2026).
- Brown, No. 1:25-cv-00458 (M.D. Pa. Aug. 6, 2026).
- Grossinger, No. 2:26-cv-02353 (E.D. Pa. Aug. 4, 2026).
- Nadig, No. 2:25-cv-00138 (M.D. Fla. Aug. 10, 2026).
- Callaway v. Indep. Sch. Dist. No.1 Okmulgee Cnty., No. 25-7062 (10th Cir. Aug. 20, 2026).unpublished
- Lorenzo Di Natale as Adm'r of the Est. of Mary Massino v. Abington Twp. & Christopher Platz in his individual & Off. capacities, No. 2:26-cv-03216 (E.D. Pa. Aug. 21, 2026).
- Kosnikov, No. 5:25-cv-00213 (S.D. Ga. Aug. 26, 2026).
- Sterling v. City of Jackson, No. 24-60370 (5th Cir. Sept. 4, 2026).published
- Luther Poynter v. Aaron Shirley, No. 25-5188, 2026 WL 2641092 (6th Cir. Sept. 8, 2026).published
- Morgan, No. 3:26-cv-00020 (E.D. Tenn. Sept. 14, 2026).
- Oliver, No. 5:26-cv-00385 (M.D. Ga. Sept. 14, 2026).
- Yaman Lnu-Vi (A# 226-128-664) v. Christopher Chestnut, et al., No. 1:26-cv-04504 (E.D. Cal. Sept. 2, 2026).
- Edward Pinkney v. Berrien Cnty., Mich., No. 21-2802 (6th Cir. Aug. 19, 2022).unpublished
- Johnson v. Ault, No. 2:24-cv-00050 (S.D. Ind. July 23, 2024).
- John Corp. v. City of Houston, 214 F.3d 573 (5th Cir. 2000).published“[T]he Court has always been reluctant to expand the concept of substantive due process because the guideposts for responsible decision-making in this unchartered area are scarce and open-ended.”
- L'Ass'n Des Americains Accidentels v. United States Dep't of State, No. 2020-3573 (D.D.C. Feb. 10, 2023).published“The Court has always been reluctant to expand the concept of substantive due process . . . The doctrine of judicial self-restraint requires [courts] to exercise the utmost care whenever . . . asked to break new ground…”
- Compassion in Dying v. Washington, 85 F.3d 1440 (9th Cir. 1996).published“The doctrine of judicial self-restraint requires us to exercise the utmost care whenever we are asked to break new ground in [the area of substantive due process].”
- Nunez v. City of Los Angeles, 147 F.3d 867 (9th Cir. 1998).published“[T]he Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this unchartered area are scarce and open-ended.”
- A.B. ex rel. B.S. v. Adams-Arapahoe 28J Sch. Dist., 831 F. Supp. 2d 1226 (D. Colo. 2011).published“As a general matter, the Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this unchartered area are scarce and open-ended.”
- Leder v. Am. Traffic Solutions, Inc., 81 F. Supp. 3d 211 (E.D.N.Y. 2015).published“As a general matter, the Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this unchartered area are scarce and open-ended.”
- Montoya v. Española Pub. Sch. Dist. Bd. of Educ., 968 F. Supp. 2d 1117 (D.N.M. 2013).published“As a gener al matter, the Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decision-making in this unchartered area are scarce and open-ended.”
- Shoemaker v. City of Howell, 982 F. Supp. 2d 745 (E.D. Mich. 2013).published“The doctrine of judicial self-restraint requires us to exercise the utmost care whenever we are asked to break new ground in this field.”
- Dorsey v. Pueblo Sch. Dist. 60, 140 F. Supp. 3d 1102 (D. Colo. 2015).published“As a general matter, the Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this unchartered area are scarce and open-ended.”
- Boston Exec. Helicopters, LLC v. Maguire, 196 F. Supp. 3d 134 (D. Mass. 2016).published“As a general matter, [we have] always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this uncharted area are scarce and open-ended.”
- In the Interest of J.W.T., 872 S.W.2d 189 (Tex. 1994).published“[T]he Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this uncharted area are scarce and open-ended.”
- State v. Germane, 971 A.2d 555 (R.I. 2009).published“[T]he Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this uncharted area are scarce and open-ended”
- Auge v. NJ Dept. of Corr., 743 A.2d 315 (N.J. Super. Ct. App. Div. 2000).published“As a general matter, the Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decision making in this unchartered area are scarce and open-ended.”
- Rivkin v. Dover Twp. Rent Leveling Bd., 671 A.2d 567 (N.J. 1996).published“As a general matter, the Court has always been reluctant to expand the concept of substantive due *366 process because guideposts for responsible decisionmaking in this unchartered area are scarce and open-ended.”
- Kennedy v. City of Ridgefield, 440 F.3d 1091 (9th Cir. 2006).published“[T]he Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decision-making in this unchartered area are scarce and open-ended.”
- Anthony Wilson v. United States Air Force, 491 F. App'x 681 (6th Cir. 2012).unpublished“As a general matter, the Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this unchartered area are scarce and open-ended.”
- Ashe v. City of Montgomery, 754 F. Supp. 2d 1311 (M.D. Ala. 2010).published“As a general matter, the Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this unchartered area are scarce and open-ended.”
- Cook v. Rumsfeld, 429 F. Supp. 2d 385 (D. Mass. 2006).published“The most familiar office of [the Due Process] Clause is to provide a guarantee of fair procedure in connection with any deprivation of life, liberty or property ...”
- Plummer v. Town of Somerset, 601 F. Supp. 2d 358 (D. Mass. 2009).published“As a general matter, [we have] always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this unchartered area are scarce and open-ended.”
- Matthews v. Town of Autaugaville, 574 F. Supp. 2d 1237 (M.D. Ala. 2008).published“The doctrine of judicial self-restraint requires us to exercise the utmost care whenever we are asked to break new ground in this field.”
- Stormans Inc v. John Wiesman, 794 F.3d 1064 (9th Cir. 2015).published“It is important, therefore, to focus on the allegations in the complaint to determine how petitioner describes the constitutional right at stake....”
At page 120 Separating constitutional violation from municipal liability555 citing cases“proper analysis requires us to separate two different issues when a § 1983 claim is asserted against a municipality: (1) whether plaintiffs harm was caused by a constitutional violation, and (2) if so, whether the city is responsible for that violation.”
- Cantu v. Gonzales, No. 5:25-cv-00197 (W.D. Tex. Aug. 25, 2025).(The Supreme Court's holding in Monell is that by enacting 42 U.S.C. § 1983 , Congress intended to make municipalities and other political subdivisions amenable to suits brought under that section.)
- Holly Lawson v. Kayla Creely, 137 F.4th 404 (6th Cir. 2025).published(Because the officers did not commit a violation of [the decedent’s] constitutional rights, [the plaintiff’s] claim of municipal liability must fail . . . .)
- North v. Harris Cent. Appraisal Dist., No. 4:23-cv-04067 (S.D. Tex. Aug. 27, 2024).(The Supreme Court’s holding in Monell is that by enacting 42 U.S.C. s 1983 , Congress intended to make municipalities and other political subdivisions amenable to suits brought under that section.)
- Wallace v. Choctaw Nicoma Park Sch. Dist., No. 5:21-cv-00077 (W.D. Okla. Dec. 21, 2022).(Because [d]efendant is a public-school district, the municipal-liability framework applies.)
- Mervilus v. Union Cnty., No. 2:14-cv-07470, 2021 WL 4963293 (D.N.J. Oct. 26, 2021).unpublished(Since [plaintiff] has not established any constitutional violations, his Monell claim fails as a matter of course.)
- Jackson v. Cuyahoga Cnty., No. 1:20-cv-02649, 2021 WL 2018853 (N.D. Ohio May 20, 2021).(Section 1983 provides a remedy against “any person” who, under color of state law, deprives another of rights protected by the Constitution. In Monell, the Court held that Congress intended municipalities and other loc…)
- Perez v. Simpson, No. 1:18-cv-00064 (W.D. Ky. May 29, 2020).(Monell involved a municipal corporation, but every circuit to consider the issue has extended the holding to private corporations as well.)
- Newman v. Muhlenberg Cnty. Det. Ctr., No. 4:19-cv-00154 (W.D. Ky. Jan. 22, 2020).(Monell involved a municipal corporation, but every circuit to consider the issue has extended the holding to private corporations as well.)
- Nicholas Morrow v. Metro. Gov't of Nashville & Davidson Cnty., Tenn., No. 22-5232, 2023 WL 5237332 (6th Cir. Aug. 15, 2023).unpublished
- Sanjay Bhatnagar v. Matthew Meyer, No. 22-2848, 2023 WL 5378834 (3d Cir. Aug. 22, 2023).unpublished
Show 202 more citing cases
- 1417 Belmont Cmty. Dev., LLC v. Dist. of Columbia, 302 A.3d 512 (D.C. 2023).published
- Est. of Decedent Lolomania Soakai v. City of Oakland, No. 3:23-cv-00381 (N.D. Cal. Nov. 28, 2023).
- Robinson v. Shover, No. 1:22-cv-00005 (N.D. Iowa Mar. 4, 2024).
- Koen v. S. Seven Health Dep't, No. 3:23-cv-02657 (S.D. Ill. Nov. 15, 2023).
- Sterling v. The City of Jackson, Mississippi, 715 F. Supp. 3d 918 (S.D. Miss. 2024).published
- Sterling v. The City of Jackson, Mississippi, No. 3:22-cv-00531 (S.D. Miss. June 11, 2024).
At page 128 Reject claims equating due process with state tort law177 citing cases“can properly be characterized as arbitrary, or conscience shocking, in a constitutional sense.”
- Sterling v. City of Jackson, No. 24-60370 (5th Cir. Nov. 17, 2025).published See Collins v. City of Harker Heights, Tex., 503 U.S. 115, 127 (1992) (calling “unprecedented” the assertion that “the city violated a federal constitutional obligation to provide its employees with certain minimal levels of safety and sec…
- Manning v. Hershberger, No. 1:23-cv-00353 (N.D. Ind. Oct. 7, 2024).([W]e have previously rejected claims that the Due Process Clause should be interpreted to impose federal duties that are analogous to those traditionally imposed by state tort law[.])
- Edwards v. California Univ. of Pennsylvania, No. 2:23-cv-00086 (W.D. Pa. Aug. 4, 2023). ([W]e have previously rejected claims that the Due Process Clause should be interpreted to impose federal duties that are analogous to those traditionally imposed by state tort law.)
- Duke's Investments LLC v. Char, No. 1:22-cv-00385 (D. Haw. Apr. 28, 2023).(We also are not persuaded that the city’s alleged failure to train its employees, or to warn them about known risks of harm, was an omission that can properly be characterized as arbitrary, or conscience shocking, in a…)
- Holland v. IN State of, No. 3:20-cv-00899 (N.D. Ind. Apr. 23, 2021).([W]e have previously rejected claims that the Due Process Clause should be interpreted to impose federal duties that are analogous to those traditionally imposed by state tort law.)
- Swift v. Sayulita Fine Foods, No. 3:19-cv-01161 (N.D. Ind. Jan. 5, 2021).([W]e have previously rejected claims that the Due Process Clause should be interpreted to impose federal duties that are analogous to those traditionally imposed by state tort law.)
- John Kiernan, Plaintiff v. The Town of Hudson, New Hampshire, & Hudson Police Officer Dan Dolan, Defendants, 2015 DNH 018 (D.N.H. 2015).published(State conduct violates an individual’s substantive-due- process rights when it is ‘so brutal, demeaning, and harmful that it is shocking to the conscience.’)
- Virginia Slaughter v. Mayor & City Council Baltimore, 682 F.3d 317 (4th Cir. 2012).published But that construction would not comport with the Supreme Court’s holding in Col- lins which specifically precluded employment based analysis. 503 U.S. at 119 ("The employment relationship . . . is not of controlling signifi- cance."). 2 Th…
- Fraternal Order of Police Dep't of Corr. Labor Comm. v. Williams, 375 F.3d 1141 (D.C. Cir. 2004).published
- Fagan v. City of Vineland, 22 F.3d 1296 (3d Cir. 1994).published
Show 167 more citing cases
- Vaughan Larson v. City of Algood, Tenn., No. 19-5866 (6th Cir. May 11, 2020).unpublished
- Brown v. Bratton, No. 1:19-cv-01450, 2020 WL 886142 (D. Md. Feb. 21, 2020).
- Sterling v. The City of Jackson, Mississippi, 715 F. Supp. 3d 918 (S.D. Miss. 2024).published
- Sterling v. The City of Jackson, Mississippi, No. 3:22-cv-00531 (S.D. Miss. June 11, 2024).
- Harper v. Dist. of Columbia, No. 2019-2817 (D.D.C. Apr. 21, 2020).published
- W. Channing Nicholas, M.D. v. Pennsylvania State Univ., 227 F.3d 133 (3d Cir. 2000).published
- The Bert Co. v. Turk, Aplts., 298 A.3d 44 (Pa. 2023).published
- The Bert Co. v. Turk, Aplts., 298 A.3d 44 (Pa. 2023).published
- Rose v. Nat'l Nuclear Sec. Admin., No. 2025-0912 (D.D.C. Jan. 28, 2026).published
- M.P.C., No. 2:24-cv-00630 (E.D. Wis. Jan. 28, 2026).
- White v. Lemacks, 183 F.3d 1253 (11th Cir. 1999).published
- Cnty. of Sacramento v. Lewis, 523 U.S. 833 (1998).published
- Est. of Phillips v. Dist. of Columbia, 257 F. Supp. 2d 69 (D.D.C. 2003).published
- Friedman v. City of Overland, 935 F. Supp. 1015 (E.D. Mo. 1996).published
- Hawkins v. Freeman, 166 F.3d 267 (4th Cir. 1999).published
- Shari Guertin v. State of Mich., 912 F.3d 907 (6th Cir. 2019).published
- New York State Corr. Officers & Police Benevolent Ass'n, Inc. v. Hochul, 607 F. Supp. 3d 231 (N.D.N.Y. 2022).published
- Reddell v. Gammill, No. 4:12-cv-00379 (N.D. Okla. June 28, 2019).
- Kennedy v. City of Arlington, Texas, 165 F.4th 937 (5th Cir. 2026).published
- Doe v. Rains Cnty. Indep. Sch. Dist., No. 94-41113 (5th Cir. Oct. 4, 1995).published
- United States v. Guidry, No. 05-50977 (5th Cir. July 20, 2006).published
- Santamorena v. Georgia Military Coll., 147 F.3d 1337 (11th Cir. 1998).published
- Dist. Attorney's Off. for the Third Jud. Dist. v. Osborne, 557 U.S. 52 (2009).published
- Willie Stevenson v. Larry Smith & Fred Allenbrand, 980 F.2d 741 (10th Cir. 1992).published
- Jane Alexander v. Walter Peffer, City of Omaha, a Mun. Corp., 993 F.2d 1348 (8th Cir. 1993).published
- Jane Doe v. Covington Cnty. Sch Dist, et a, No. 09-60406 (5th Cir. Apr. 13, 2012).published
- Bobby Joe Lewellen v. The Metro. Gov't of Nashville & Davidson Cnty., Tennessee & the Metro. Bd. of Pub. Educ., 34 F.3d 345 (6th Cir. 1994).published
- Fred L. Fottler v. Gary L. Ainsworth, Paul Heh, Fred Moore, David Bohn, & Twenty Does, 43 F.3d 1482 (10th Cir. 1994).published
- Tompkins v. City of Hartshorne, Okl., 73 F.3d 374 (10th Cir. 1995).published
- Hindi v. Prime Prod., 74 F.3d 1249 (10th Cir. 1996).published
- L.W. v. Dee Grubbs Thomas Nelson Marlin Hutton Richard Hill, 92 F.3d 894 (9th Cir. 1996).published
- Donohue v. Wing, No. 18-2988-cv (2d Cir. May 8, 2019).unpublished
- Brad Speakman v. Dennis Williams, No. 20-1468 (3d Cir. Jan. 6, 2021).unpublished
- Blackley v. Spartanburg Cnty., No. 7:19-cv-01904 (D.S.C. Oct. 7, 2020).
- January Littlejohn v. Sch. Bd. of Leon Cnty. Florida, 132 F.4th 1232 (11th Cir. 2025).published
- Williams v. City & Cnty. of Denver, 99 F.3d 1009 (10th Cir. 1996).published
- Reed v. Town of Branford, 949 F. Supp. 87 (D. Conn. 1996).published
At page 129 Limitation of due process claims against municipal employment decisions105 citing casesThe Due Process Clause is not a guarantee against incorrect or ill-advised personnel decisions. Nor does it guarantee municipal employees a workplace that is free of unreasonable risks of harm.
- Sterling v. City of Jackson, No. 24-60370 (5th Cir. Nov. 17, 2025).published See Collins v. City of Harker Heights, Tex., 503 U.S. 115, 127 (1992) (calling “unprecedented” the assertion that “the city violated a federal constitutional obligation to provide its employees with certain minimal levels of safety and sec…
- Hemphill v. Charlotte Mecklenburg Bd. of Educ., No. 3:24-cv-00286 (W.D.N.C. Aug. 12, 2024). (The Due Process Clause is not a guarantee against incorrect or ill-advised personnel decisions. Nor does it guarantee municipal employees a workplace that is free of unreasonable risks of harm.)
- Smith v. Gallia Cnty. Jail, No. 2:20-cv-03089 (S.D. Ohio July 1, 2021).
- Sterling v. City of Jackson, No. 24-60370 (5th Cir. Sept. 4, 2026).published
- Cheryl Weatherford v. State of Arizona (Ariz. 2003).published
- Clark v. City of Hermosa Beach, 48 Cal. App. 4th 1152 (Cal. Ct. App. 1996).published
- Speakman v. Williams, No. 1:18-cv-01252 (D. Del. Aug. 28, 2019).
- Marvaso v. Sanchez, No. 4:18-cv-12193 (E.D. Mich. Mar. 24, 2023).
- Donohue v. Wing, No. 18-2988-cv (2d Cir. May 8, 2019).unpublished
- Brad Speakman v. Dennis Williams, No. 20-1468 (3d Cir. Jan. 6, 2021).unpublished
Show 95 more citing cases
- January Littlejohn v. Sch. Bd. of Leon Cnty. Florida, 132 F.4th 1232 (11th Cir. 2025).published
- Safford Unified Sch. Dist. 1 v. Redding, 557 U.S. 364 (2009).published
- Nicini v. Morra, 212 F.3d 798 (3d Cir. 2000).published
- Donald Boyanowski v. Capital Area Intermediate Unit, 215 F.3d 396 (3d Cir. 2000).published
At page 126 Limitation on state duty under due process clause98 citing cases“arbitrary government action that must ‘shock the conscience’ of federal judges”
- Jarrott v. Madrid, No. 2:22-cv-00298 (D.N.M. Nov. 14, 2022). ([T]he Due Process Clause is not a guarantee against incorrect or ill-advised decisions[, n]or does it guarantee municipal employees a workplace that is free from unreasonable risks of harm.)
- S. Crawford v. The Com. of PA - 562 M.D. 202 (Pa. Commw. Ct. 2022).published(Where a decision rests on two or more grounds equally valid, none may be relegated to the inferior status of obiter dictum.)
- Washington v. Hous. Auth. of the City of Columbia, No. 3:21-cv-00148 (D.S.C. Aug. 31, 2021).(The [Due Process] Clause is phrased as a limitation on the State's power to act, not as a guarantee of certain minimal levels of safety and security.)
- Colbruno v. Kessler, 928 F.3d 1155 (10th Cir. 2019).published (Conduct that shocks the judicial conscience is deliberate government action that is arbitrary and unrestrained by the established principles of private right and distributive justice.)
- Fraternal Order of Police Dep't of Corr. Labor Comm. v. Williams, 375 F.3d 1141 (D.C. Cir. 2004).published
- Cerka v. Salt Lake Cnty., No. 98-4034 (10th Cir. Mar. 3, 1999).unpublished
- Eldridge v. Shelby Cnty., Tennessee, No. 2:19-cv-02461 (W.D. Tenn. Apr. 23, 2020).
- WIlliam Love v. SEPTA, No. 18-1980 (3d Cir. Jan. 17, 2019).unpublished
- Sterling v. The City of Jackson, Mississippi, No. 3:22-cv-00531 (S.D. Miss. June 11, 2024).
- Wood v. City of Warner Robins Georgia, No. 5:19-cv-00319, 2022 WL 987991 (M.D. Ga. Mar. 31, 2022).
Show 85 more citing cases
- Durm v. Marion Cnty., Indiana Sheriff's Off., No. 1:24-cv-01321 (S.D. Ind. Mar. 31, 2025).
- M.P.C., No. 2:24-cv-00630 (E.D. Wis. Jan. 28, 2026).
- Cynthia Hall v. Myron Freeman, 293 F. App'x 675 (11th Cir. 2008).unpublished
- Carty v. TX Dept of Pub Sfty, No. 06-41579 (5th Cir. Dec. 21, 2009).unpublished
- White v. Lemacks, 183 F.3d 1253 (11th Cir. 1999).published
- Cnty. of Sacramento v. Lewis, 523 U.S. 833 (1998).published
- Cheryl Weatherford v. State of Arizona (Ariz. 2003).published
- Clark v. City of Hermosa Beach, 48 Cal. App. 4th 1152 (Cal. Ct. App. 1996).published
- Est. of Phillips v. Dist. of Columbia, 257 F. Supp. 2d 69 (D.D.C. 2003).published
- Friedman v. City of Overland, 935 F. Supp. 1015 (E.D. Mo. 1996).published
- Hawkins v. Freeman, 166 F.3d 267 (4th Cir. 1999).published
- Shari Guertin v. State of Mich., 912 F.3d 907 (6th Cir. 2019).published
- Speakman v. Williams, No. 1:18-cv-01252 (D. Del. Aug. 28, 2019).
- Marvaso v. Sanchez, No. 4:18-cv-12193 (E.D. Mich. Mar. 24, 2023).
- New York State Corr. Officers & Police Benevolent Ass'n, Inc. v. Hochul, 607 F. Supp. 3d 231 (N.D.N.Y. 2022).published
- Reddell v. Gammill, No. 4:12-cv-00379 (N.D. Okla. June 28, 2019).
- Kennedy v. City of Arlington, Texas, 165 F.4th 937 (5th Cir. 2026).published
At page 122 Determining municipal liability under section 198357 citing casesThe city is not vicariously liable under § 1983 for the constitutional torts of its agents: It is only liable when it can be fairly said that the city itself is the wrongdoer.
- Kiner, No. 2:24-cv-02628 (W.D. Tenn. Jan. 26, 2026).(The city is not vicariously liable under § 1983 for the constitutional torts of its agents: It is only liable when it can be fairly said that the city itself is the wrongdoer.)
- Damarr-faruq v. City of Pleasantville Police Dep't, No. 1:21-cv-11866 (D.N.J. Mar. 17, 2025).(The city is not vicariously liable under § 1983 for the constitutional torts of its agents: It is only liable when it can be fairly said that the city itself is the wrongdoer.)
- Haar v. CFG Health Servs., LLC, No. 2:22-cv-07595, 2024 WL 4880349 (D.N.J. Nov. 25, 2024).unpublished(The city is not vicariously liable under § 1983 for the constitutional torts of its agents: It is only liable when it can be fairly said that the city itself is the wrongdoer.)
- Lawson v. Hudson Cnty. Bd. of Freeholders, No. 2:22-cv-04340, 2023 WL 6971540 (D.N.J. Oct. 23, 2023).([A] municipality may be held liable [under § 1983] only if its policy or custom is the ‘moving force’ behind a constitutional violation.)
- Selby v. Mun. of Atl. Cnty. Jud. Court, No. 1:20-cv-05281 (D.N.J. Dec. 31, 2020).(The city is not vicariously liable under § 1983 for the constitutional torts of its agents: It is only liable when it can be fairly said that the city itself is the wrongdoer.)
- Jackson v. Cnty. of Cumberland, No. 1:19-cv-18755 (D.N.J. Dec. 14, 2020).(The city is not vicariously liable under § 1983 for the constitutional torts of its agents: It is only liable when it can be fairly said that the city itself is the wrongdoer.)
- Kuchcinski v. Box Elder Cnty., 2019 UT 21, 450 P.3d 1056.published([A city] is only liable when it can be fairly said that the city itself is the wrongdoer.)
- Anthony H. Dye v. William B. Wargo, Jr., K-9 Named Frei, & City of Elkhart, Indiana, 253 F.3d 296 (7th Cir. 2001).published
- Marshall v. Cnty. of San Diego, 238 Cal. App. 4th 1095 (Cal. Ct. App. 2015).published
- Bradich, Delores v. City of Chicago, No. 04-3626 (7th Cir. July 1, 2005).published
Show 46 more citing cases
- Brown v. Comm PA Emergency, No. 01-3234 (3d Cir. Aug. 8, 2002).published
- Kathleen Sanford, Individually & as Adm'x of the Est. of Michael R. Sanford v. Pamela Stiles Dennis Murphy East Penn Sch. Dist., 456 F.3d 298 (3d Cir. 2006).published
- Sara Lowry v. City of San Diego, 818 F.3d 840 (9th Cir. 2016).published
- Akshar Global Investments Corp v. City of Los Angeles, 817 F. App'x 301 (9th Cir. 2020).unpublished
At page 121 Establishing municipal liability under section 198342 citing casesWe have repeatedly stated that a party’s displeasure with legal rulings does not form an adequate basis for recusal[.]
- Anthony Twitty v. Margett Barns, No. 22-2801 (3d Cir. May 12, 2023).unpublished(We have repeatedly stated that a party’s displeasure with legal rulings does not form an adequate basis for recusal[.])
- Geoffrey M. Radvansky v. City of Olmsted Falls, 395 F.3d 291 (6th Cir. 2005).published
- Harper v. Dist. of Columbia, No. 2019-2817 (D.D.C. Apr. 21, 2020).published
- Eun Jung Lim v. Irvine City, No. 8:22-cv-00137 (C.D. Cal. June 23, 2022).
- Jacobo Chan v. Orange Cnty., No. 8:23-cv-00178 (C.D. Cal. Apr. 6, 2023).
- (PC) Pelton v. Amador Cnty., CA, No. 2:21-cv-01968 (E.D. Cal. Feb. 8, 2023).
- (PS) Bell v. Solano Cnty. Dept. of Health & Human Servs., No. 2:22-cv-01687 (E.D. Cal. Sept. 25, 2023).
- Williams v. Myers, No. 2:17-cv-00152 (S.D. Miss. Aug. 22, 2019).
- Gladden v. Settles, No. 1:18-cv-00512 (M.D.N.C. Mar. 31, 2020).
- Johnson v. Smith, No. 1:19-cv-00834 (M.D.N.C. July 8, 2020).
Show 32 more citing cases
- Richardson v. Taylor, No. 1:19-cv-00352 (M.D.N.C. May 26, 2020).
- Pegram v. Williamson, No. 1:18-cv-00828 (M.D.N.C. Feb. 5, 2020).
- Watson v. Moore, No. 1:19-cv-00931 (M.D.N.C. Feb. 4, 2021).
- Watson v. England, No. 1:19-cv-00945 (M.D.N.C. Feb. 5, 2021).
At page 123 Establishing municipal liability under section 198338 citing cases“[T]he-inadequate training of police officers could be characterized as the cause of the constitutional tort if — and only if— the failure to train amounted to ‘deliberate indifference’ .to the rights of persons with whom the police come into contact.”
- Jacobo Chan v. Orange Cnty., No. 8:23-cv-00178 (C.D. Cal. Apr. 6, 2023).
- Lekwa v. City of Houston, No. 98-20112 (5th Cir. June 23, 1999).unpublished
- Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (1998).published
- Watson v. Mayor & Aldermen of Savannah, 477 S.E.2d 667 (Ga. Ct. App. 1996).published
- Curro v. Watson, 884 F. Supp. 708 (E.D.N.Y. 1995).published
- Woodward v. Gray, 527 S.E.2d 595 (Ga. Ct. App. 2000).published
- Davis v. Dist. of Columbia, No. 2010-1756 (D.D.C. July 21, 2011).published
- El-Amin v. Dist. of Columbia, No. 2017-0174 (D.D.C. Jan. 27, 2017).published
- Lajuana Danette White v. Fesia Davenport, No. 8:23-cv-02300 (C.D. Cal. Mar. 26, 2024).
- (PC) Kamilchu v. Sacramento Cnty. Sheriff's, No. 2:18-cv-03266 (E.D. Cal. Nov. 4, 2019).
Show 28 more citing cases
- Walker v. Police Chief, No. 1:19-cv-01546 (E.D. Cal. Dec. 12, 2019).
- Leo Evans v. Madera Police Dep't, No. 1:19-cv-01803 (E.D. Cal. Mar. 3, 2020).
- (PC) Tolliver v. Cnty. of Sacramento, No. 2:19-cv-02599 (E.D. Cal. Apr. 28, 2020).
- Contreras v. Mote, No. 1:20-cv-00366 (E.D. Cal. July 13, 2020).
At page 127 Distinguishing workplace safety from confinement standards29 citing cases“[T]he Due Process Clause of its own force requires that conditions of confinement satisfy certain minimal standards for pretrial detainees, for persons in mental institutions, for convicted felons, and for persons under arrests”
- Sterling v. City of Jackson, No. 24-60370 (5th Cir. Nov. 17, 2025).published ([B]ecause the Due Process Clause does not require the State to provide rescue services, . . . we cannot interpret that clause” as placing “an affirmative obligation on the State to provide competent rescue services if…)
- Virginia Slaughter v. Mayor & City Council Baltimore, 682 F.3d 317 (4th Cir. 2012).published But that construction would not comport with the Supreme Court’s holding in Col- lins which specifically precluded employment based analysis. 503 U.S. at 119 ("The employment relationship . . . is not of controlling signifi- cance."). 2 Th…
- Brown v. Comm PA Emergency, No. 01-3234 (3d Cir. Aug. 8, 2002).published
- Carty v. TX Dept of Pub Sfty, No. 06-41579 (5th Cir. Dec. 21, 2009).unpublished
- Cnty. of Sacramento v. Lewis, 523 U.S. 833 (1998).published
- Kennedy v. City of Arlington, Texas, 165 F.4th 937 (5th Cir. 2026).published
- Fields v. Abbott, 652 F.3d 886 (8th Cir. 2011).published
- George Killian v. City of Riverview, 98 F.3d 1342 (6th Cir. 1996).unpublished
- Patten v. Nichols, 274 F.3d 829 (4th Cir. 2001).published
- Gardner v. Luzerne Cnty., 645 F. Supp. 2d 325 (M.D. Pa. 2009).published
Show 19 more citing cases
- Jose Vielma v. Adam Todd Gruler, 808 F. App'x 872 (11th Cir. 2020).unpublished
- Kerkeles v. City of San Jose, 199 Cal. App. 4th 1001 (Cal. Ct. App. 2011).published
- Ogbechie v. Covarrubias, No. 5:18-cv-00121 (N.D. Cal. June 11, 2020).
- Kelley v. Hissong, No. 2:19-cv-10685 (E.D. Mich. Nov. 14, 2019).
At page 119 Analyzing scope of section 1983 remedies25 citing cases“Although the statute provides the citizen with an effective remedy against those abuses of state power that violate federal law, it does not provide a remedy for abuses that do not violate federal law[.]”
- Young v. Hous. Auth. of Baltimore City, No. 1:21-cv-00996 (D. Md. Sept. 27, 2022).(Our precedent applies the standards developed for hostile work environment claims under Title VII for sexual harassment under section 1983.)
- Virginia Slaughter v. Mayor & City Council Baltimore, 682 F.3d 317 (4th Cir. 2012).published (The employment relationship . . . is not of controlling signifi- cance.)
- Eldridge v. Shelby Cnty., Tennessee, No. 2:19-cv-02461 (W.D. Tenn. Apr. 23, 2020).
- Engquist v. Oregon Dep't of Agric., 553 U.S. 591 (2008).published
- Glover v. Mabrey, No. 08-7048 (10th Cir. June 4, 2010).unpublished
- Robert F. Zurla v. The City of Memphis Crim. Just. Complex State Court Sys., 77 F.3d 483 (6th Cir. 1996).unpublished
- Howard v. City of Columbus, 521 S.E.2d 51 (Ga. Ct. App. 1999).published
- Sickles v. Campbell Cnty., Kentucky, 501 F.3d 726 (6th Cir. 2007).published
- WIlliam Love v. SEPTA, No. 18-1980 (3d Cir. Jan. 17, 2019).unpublished
- David Jones v. Rodney Cummings, 998 F.3d 782 (7th Cir. 2021).published
Show 15 more citing cases
- Baday v. Cnty. of Kings, No. 1:20-cv-00644, 2022 WL 10631010 (E.D. Cal. Oct. 18, 2022).
- Pare v. Goddard Sch., No. 3:21-cv-00584 (D. Conn. Mar. 8, 2023).
- Brown v. Bratton, No. 1:19-cv-01450, 2020 WL 886142 (D. Md. Feb. 21, 2020).
- Abney v. Dolgencorp, LLC, No. 2:20-cv-10415 (E.D. Mich. June 21, 2021).
At page 117 Analyzing due process claims regarding municipal employee safety13 citing casesholding that city’s conduct did not violate the Due Process Clause “[e]ven though [it] may be actionable under state law
- Sterling v. City of Jackson, No. 24-60370 (5th Cir. Nov. 17, 2025).published See Collins v. City of Harker Heights, Tex., 503 U.S. 115, 127 (1992) (calling “unprecedented” the assertion that “the city violated a federal constitutional obligation to provide its employees with certain minimal levels of safety and sec…
- Cerka v. Salt Lake Cnty., No. 98-4034 (10th Cir. Mar. 3, 1999).unpublished
- Christina Hood v. Suffolk City Sch. Bd., 469 F. App'x 154 (4th Cir. 2012).unpublished
- Regalbuto v. City of Philadelphia, 937 F. Supp. 374 (E.D. Pa. 1995).published
- Wendy Pauluk v. Glenn Savage, 836 F.3d 1117 (9th Cir. 2016).published
- Joanna Perkin v. Jackson Pub. Sch., No. 20-1332 (6th Cir. Jan. 13, 2021).unpublished
- Gormly v. Walker, No. 2021-2688 (D.D.C. June 6, 2022).published
- Perkin v. Jackson Pub. Sch. Dist., No. 2:19-cv-13054 (E.D. Mich. Mar. 20, 2020).
- Eldridge v. Shelby Cnty., Tennessee, No. 2:19-cv-02461 (W.D. Tenn. Apr. 23, 2020).
- K.C. v. Individual Members of the Med. Licensing Bd., 121 F.4th 604 (7th Cir. 2024).published
Show 1 more citing case
- K.C. v. Individual Members of the Med. Licensing Bd., No. 23-2366 (7th Cir. Nov. 18, 2024).published
At page 124 Defining deliberate indifference for municipal liability claims11 citing cases“[The term deliberate indifference] was used in the Canton case for the quite different purpose of identifying the threshold for holding a city responsible for the constitutional torts committed by its inadequately trained agents.”
- W. Channing Nicholas, M.D. v. Pennsylvania State Univ., 227 F.3d 133 (3d Cir. 2000).published
- Farmer v. Brennan, 511 U.S. 825 (1994).published
- Youngbey v. Dist. of Columbia, No. 2009-0596 (D.D.C. Mar. 1, 2011).published
- Hernandez v. D.C. Dep't of Corr., No. 2021-1374 (D.D.C. Mar. 15, 2023).published
- Carney v. New Orleans City, 468 F. Supp. 3d 751 (E.D. La. 2020).published
- Anderson v. Jones, Sheriff, 440 F. Supp. 3d 819 (S.D. Ohio 2020).published
- Simpson v. Colbert, No. 2021-0479 (D.D.C. Aug. 21, 2024).published
- Winston v. Dist. of Columbia, No. 2023-3832 (D.D.C. Mar. 11, 2025).published
- Thao v. Grady Cnty. Crim. Just. Auth., 159 F.4th 1214 (10th Cir. 2025).published
- Warner, No. 4:25-cv-00019 (N.D. Okla. July 21, 2026).
Show 1 more citing case
- Cole v. City of Memphis, 97 F. Supp. 3d 947 (W.D. Tenn. 2015).published“[The term deliberate indifference] was used in the Canton case for the quite different purpose of identifying the threshold for holding a city responsible for the constitutional torts committed by its inadequately trai…”
At page 130 Determining municipal duty regarding workplace safety under due process9 citing cases“Historically, this guarantee of due process has been applied to deliberate decisions of government officials to deprive a person of life, liberty, or property”
- Virginia Slaughter v. Mayor & City Council Baltimore, 682 F.3d 317 (4th Cir. 2012).published But that construction would not comport with the Supreme Court’s holding in Col- lins which specifically precluded employment based analysis. 503 U.S. at 119 ("The employment relationship . . . is not of controlling signifi- cance."). 2 Th…
- Blackley v. Spartanburg Cnty., No. 7:19-cv-01904 (D.S.C. Oct. 7, 2020).
- (PC) Harbor v. CDCR, No. 2:19-cv-00384 (E.D. Cal. Feb. 9, 2021).
- Melissa & Daniel Willey v. Bd. of Educ. of St. Mary's Cnty., No. 8:20-cv-00161 (D. Md. June 5, 2023).
- Prather, No. 5:25-cv-00587 (W.D. Okla. Sept. 2, 2026).
- Williams v. City & Cnty. of Denver, 99 F.3d 1009 (10th Cir. 1996).published“'Historically, this guarantee of due process has been applied to deliberate decisions of government officials to deprive a person of life, liberty, or property.’”
- Buchanan v. Cnty. of Humboldt, 50 F. App'x 343 (9th Cir. 2002).unpublished“[T]he Due Process Clause does not impose an independent federal obligation upon municipalities to provide certain minimal levels of safety and security in the workplace.”
- Reed v. Town of Branford, 949 F. Supp. 87 (D. Conn. 1996).published“Historically, this guarantee of due process has been applied to deliberate decisions of government officials to deprive a person of life, liberty, or property”
- Leland v. Moran, 235 F. Supp. 2d 153 (N.D.N.Y. 2002).published“[T]he Due Process Clause does not impose an independent federal obligation upon municipalities to provide certain minimal levels of safety and security in the workplace and the city’s alleged failure to train or to war…”
112 S. Ct. at 1067 Defining deliberate indifference in police training failures8 citing cases
- Helzer v. Cnty. of Alpena, 19 F.3d 1433 (6th Cir. 1994).unpublished
- Moore v. City of Muskegon, 28 F.3d 1213 (6th Cir. 1994).unpublished
- Morgan v. Lexington Fayette Urban Cnty. Div. of Police, 28 F.3d 1214 (6th Cir. 1994).unpublished
- Paul L. Hines v. Reginald A. Wilkinson, Dir., 34 F.3d 1068 (6th Cir. 1994).unpublished
- Joiner v. Wisdom, 37 F.3d 1499 (6th Cir. 1994).published
- Katherine Steen v. The City of Detroit Detroit Election Comm'n Wayne Cnty. Bd. of Commissioners, 37 F.3d 1500 (6th Cir. 1994).published
- Rebecca Mercer v. Lexington Fayette Urban Cnty. Gov't Steve Catt, Detective, 52 F.3d 325 (6th Cir. 1995).published
- Williams v. City & Cnty. of Denver, 99 F.3d 1009 (10th Cir. 1996).published
112 S. Ct. at 1071 Determining arbitrariness under due process clause5 citing casesIn sum, we conclude that the Due Process Clause does not impose an independent federal obligation upon municipalities to provide certain minimal levels of safety and security in the workplace.
- Fraternal Order of Police Dep't of Corr. Labor Comm. v. Williams, 375 F.3d 1141 (D.C. Cir. 2004).published
- Chasidy Thompson v. City of Norton, 61 F.3d 904 (6th Cir. 1995).unpublished
- Elitia Fisher v. The City of Memphis W. W. Herenton Walter Winfrey, Dir. of the Memphis Police Dep't, Individually & in His Off. Capacity, William D. Taylor, City of Memphis Police Officer, 234 F.3d 312 (6th Cir. 2000).published
- Fagan v. City of Vineland, 22 F.3d 1296 (3d Cir. 1994).published
- Directional Boring Servs., LLC & Peyton Cage Lindsay v. City of Oxford, Mississippi, No. 3:24-cv-00285 (N.D. Miss. Aug. 7, 2026).
117 L. Ed. 2d at 270 Defining section 1983 liability under color of law4 citing cases
- Doe v. Taylor Indep. Sch. Dist., No. 90-08431 (5th Cir. Mar. 3, 1994).published
- Jane Doe v. Taylor Indep. Sch. Dist., Mike Caplinger in His Off. Capacities & Eddy Lankford in His Off. & Individual Capacities, 15 F.3d 443 (5th Cir. 1994).published
- Merideth v. Grogan, 812 F. Supp. 1223 (N.D. Ga. 1992).published
- Rock v. Lowe, 893 F. Supp. 1573 (S.D. Ga. 1995).published
117 L. Ed. 2d at 275 Defining the purpose and scope of the due process clause4 citing casesThe ‘process’ that the Constitution guarantees in connection with any deprivation of liberty thus includes a continuing obligation to satisfy certain minimal custodial standards.
- Lorraine Gormley v. Latanya Wood-El (069717), 93 A.3d 344 (N.J. 2014).published See Collins, supra, 503 U.S. at 119 , 112 S. Ct. at 1065 , 117 L. Ed. 2d at 269 (“The employment relationship . . . is not of controlling significance.”).
- Denson v. T.D.C.J-I.D., 63 S.W.3d 454 (Tex. App.—Tyler 1999).published
- Andrea L. Ex Rel. Judith B. v. Child. & Youth Servs. of Lawrence Cnty., 987 F. Supp. 418 (W.D. Pa. 1997).published
- Folkers v. City of Waterloo, Iowa, 582 F. Supp. 2d 1141 (N.D. Iowa 2008).published
At page 116 Determining level of official conduct for constitutional violation4 citing cases
- Vaughan Larson v. City of Algood, Tenn., No. 19-5866 (6th Cir. May 11, 2020).unpublished
- Jerry Stewart v. City of Rossville, Tennessee, No. 2:21-cv-02358 (W.D. Tenn. Aug. 18, 2022).
- L.P. v. Wake Cnty. Bd. of Educ., No. 5:20-cv-00481 (E.D.N.C. July 18, 2022).
- Mendes v. Wendling, No. 5:19-cv-00072 (W.D. Va. June 25, 2020).
117 L. Ed. 2d at 269 Defining deprivation of life liberty or property3 citing casesThe employment relationship . . . is not of controlling significance.
- Lorraine Gormley v. Latanya Wood-El (069717), 93 A.3d 344 (N.J. 2014).published (The employment relationship . . . is not of controlling significance.)
- Mitchell v. Amarillo Hosp. Dist., 855 S.W.2d 857 (Tex. App.—Amarillo 1993).published
- Kenyon v. Town of Westerly, 694 A.2d 1196 (R.I. 1997).published
117 L. Ed. 2d at 272 Limiting constitutional protection to explicit textual sources4 citing cases
- Torres v. McLaughlin, 163 F.3d 169 (3d Cir. 1998).published
- North Carolina Shellfish Growers Ass'n v. Holly Ridge Assocs., L.L.C., 200 F. Supp. 2d 551 (E.D.N.C. 2001).published
- State v. Aalim (Slip Opinion), 2017-Ohio-2956, 150 Ohio 8.published
117 L. Ed. 2d at 361 cited at this page2 citing cases
- Fagan v. City of Vineland, 22 F.3d 1296 (3d Cir. 1994).published
- Sarah E. Fagan, Gen. Adm'x & Adm'x Ad Prosequendum of the Est. of Michael J. Fagan, Deceased v. The City of Vineland, a Mun. Corp. of the State of New Jersey Joseph Cassisi, Jr., Chief of Police of the City of Vineland Police Officers David Tesoroni Peter F. Coccaro, III Benny Velez Phillip C. Bocceli Richard Putnam David Cardana Mario R. Brunetta, Jr. John Does, (Fictitious Names) Representing Other Police Officers of the City of Vineland Police Dep't Town Liquors, A/d/b/a Vtl, Inc. Marquez Amnon Corp., A/d/b/a East Landis Hotel & Motel John Doe, (Fictitious Name) Agent, Servant or Emp. Selling Liquors for Marquez Amnon Corp., A/d/b/a East Landis Hotel & Motel Jeffrey T. Pindale & Mary Ellen Duke, Adm'x of the Est. of Christopher M. Duke, Deceased, Jointly, Severally & in the Alt.. Wanda Pindale v. Town Liquors, A/d/b/a Vtl, Inc. John Doe I, (Fictitious Name) Agent, Servant or Emp. Selling Liquors for Town Liquors, A/d/b/a Vtl, Inc. Marquez Amnon Corp. A/d/b/a East Landis Hotel & Motel John Doe Ii, (Fictitious Name) Agent, Servant or Emp. Selling Liquors for Marquez Amnon Corp., A/d/b/a East Landis Hotel & Motel the City of Vineland, a Mun. Corp. of the State of New Jersey Joseph Cassisi, Jr., Chief of Police of the City of Vineland David Tesoroni John Doe III & John Doe Iv, (Fictitious Names) Representing Other Police Officers of the City of Vineland Police Dep't & Jeffrey T. Pindale, Jointly, Severally & in the Alt. v. Mary Ellen Duke, Adm'x of the Est. of Christopher M. Duke, Third Party Maurice G. Davis, Jr. v. Vtl, Inc. A/d/b/a Town Liquors John Doe I, (Fictitious Name) Agent, Servant or Emp. Selling Liquors for Vtl, Inc., A/d/b/a Town Liquors Marquez Amnon Corp. A/d/b/a East Landis Hotel & Motel John Doe Ii, (Fictitious Name) Agent, Servant or Emp. Selling Liquors for Marquez Amnon Corp. A/d/b/a East Landis Hotel & Motel the City of Vineland, a Mun. Corp. of the State of New Jersey Joseph Cassisi, Jr., Chief Ofpolice of the City of Vineland David Tesoroni John Doe Iii, & John Doe Iv, (Fictitious Names) Representing Other Police Officers of the City of Vineland Police Dep't & Jeffrey T. Pindale, Jointly, Severally & in the Alt. & Jeffrey T. Pindale, Third Party v. Mary Ellen Duke, Adm'x of the Est. of Christopher M. Duke. Albino Genetti, Adm'r Ad Prosequendum of the Est. of Albert Stavoli, Deceased v. Vtl, Inc. A/d/b/a Town Liquors John Doe I, (Fictitious Name) Agent, Servant or Emp. Selling Liquors for Vtl, Inc. A/d/b/a Town Liquors Marquez Amnon Corp. A/d/b/a East Landis Hotel & Motel John Doe Ii, (Fictitious Name) Agent, Serv. or Emp. Selling Liquors for Marquez Amnon Corp. A/d/b/a East Landis Hotel & Motel the City of Vineland, a Mun. Corp. of the State of New Jersey Joseph Cassisi, Jr., Chief of Police of the City of Vineland David Tesoroni John Doe Iii, & John Doe Iv, (Fictitious Names) Representing Other Police Officers of the City of Vineland Police Dep't & Jeffrey T. Pindale, Jointly, Severally & in the Alt. v. Mary Ellen Duke, Adm'x of the Est. of Christopher M. Duke, Third Party Mary Ellen Duke, Adm'x & Adm'x Ad Prosequendum of the Est. of Christopher M. Duke, Deceased v. Jeffrey T. Pindale, Presently Incarcerated at the Trenton State Prison Town Liquors A/d/b/a Vtl, Inc. Marquez Amnon Corp. A/d/b/a East Landis Hotel & Motel John & Jane Does, Fictitious Names, for Unknown Entities & Persons Believed to Have Sold, Served, or Otherwise Provided Liquors to Jeffrey T. Pindale, the City of Vineland, a Mun. Corp. of the State of New Jersey, Cnty. of Cumberland, New Jersey John & Jane Does, Fictitious Names, for Unknown Governmental Entities & for Unknown Individuals Believed to Be Police Officers of Said Gov't Entities Involved in an Unlawful High Speed Auto. Pursuit Joseph Cassisi, Sr., Individually & as an Agent of the Vineland Police Dep't Mario R. Brunetta, Jr., Individually & in His Off. Capacity as the Captain of the City of Vineland Police Dep't David Tesoroni, Individually & in His Off. Capacity as a Member of the City of Vineland Police Dep't Peter F. Coccaro, Iii, Individually & in His Off. Capacity as a Member of the City of Vineland Police Dep't Benny Velez, Individually & in His Off. Capacity as a Member of the City of Vineland Police Dep't Phillip C. Boccelli, Individually & in His Off. Capacity as a Member of the City of Vineland Police Dep't Richard Putnam, Individually & in His Off. Capacity as a Member of the City of Vineland Police Dep't John & Jane Does, Fictitious Names for Unknown Individuals Believed to Be Other Police Officers of the City of Vineland Police Dep't Involved in an Unlawful High Speed Auto. Pursuit, Jointly, Severally & in the Alt., Mary Ellen Duke & Sarah Fagan, No. 92-5481, No. 92-5594, Maurice G. Davis, Jr., Wanda Pindale & Albino Genetti, No. 92-5482, No. 92-5551, 22 F.3d 1296 (3d Cir. 1994).published
At page 118 Analyzing requirements for private right of action under constitution3 citing cases[N]or is there a private right of action for damages under the Pennsylvania Constitution
- Arnold v. G.E.O. George W. Hill Corr., No. 2:19-cv-05407 (E.D. Pa. July 1, 2020).([N]or is there a private right of action for damages under the Pennsylvania Constitution)
- Smith v. Gallia Cnty. Jail, No. 2:20-cv-03089 (S.D. Ohio July 1, 2021).
Other citing cases
- World Wide Street Preachers Fellowship v. Town of Columbia, 245 F. App'x 336 (5th Cir. 2007).unpublished
- United States v. David W. Lanier, 73 F.3d 1380 (6th Cir. 1996).published
v.
City of Harker Heights, Texas
delivered the opinion of the Court.
The question presented is whether § 1 of the Civil Rights Act of 1871, Rev. Stat. § 1979, 42 U. S. C. § 1988, provides a remedy for a municipal employee who is fatally injured in the course of his employment because the city customarily failed to train or warn its employees about known hazards in the workplace. Even though the city’s conduct may be actionable under state law, we hold that §1983 does not apply because such conduct does not violate the Due Process Clause.
On October 21, 1988, Larry Michael Collins, an employee in the sanitation department of the city of Harker Heights, Texas, died of asphyxia after entering a manhole to unstop a sewer line. Petitioner, his widow, brought this action alleging that Collins “had a constitutional right to be free from unreasonable risks of harm to his body, mind and emotions and a constitutional right to be protected from the City of Harker Heights’ custom and policy of deliberate indifference toward the safety of its employees.” App. 7. Her complaint alleged that the city violated that right by following a custom and policy of not training its employees about the dangers of working in sewer lines and manholes, not providing safety equipment at jobsites, and not providing safety warnings. The complaint also alleged that a prior incident[*118] had given the city notice of the risks of entering the sewer lines [1] and that the city had systematically and intentionally failed to provide the equipment and training required by a Texas statute. Ibid. The District Court dismissed the complaint on the ground that a constitutional violation had not been alleged. No. W-89-CA-168 (WD Tex., Oct. 30, 1988), App. 20. The Court of Appeals for the Fifth Circuit affirmed on a different theory. 916 F. 2d 284 (1990). It did not reach the question whether the city had violated Collins’ constitutional rights because it denied recovery on the ground that there had been no “abuse of governmental power,” which the Fifth Circuit had found to be a necessary element of a § 1983 action. [2] Id., at 287-288, and n. 3.
[*119] The contrary decision in Ruge v. Bellevue, 892 F. 2d 738 (CA8 1989), together with our concern about the Court of Appeals’ interpretation of the statute, prompted our grant of certiorari, 499 U. S. 958 (1991).
W — I
Our cases do not support the Court of Appeals reading of § 1983 as requiring proof of an abuse of governmental power separate and apart from the proof of a constitutional violation. Although the statute provides the citizen with an effective remedy against those abuses of state power that violate federal law, it does not provide a remedy for abuses that do not violate federal law, see, e. g., Martinez v. California, 444 U. S. 277 (1980); DeShaney v. Winnebago County Dept. of Social Services, 489 U. S. 189 (1989). More importantly, the statute does not draw any distinction between abusive and nonabusive federal violations.
The Court of Appeals’ analysis rests largely on the fact that the city had, through allegedly tortious conduct, harmed one of its employees rather than an ordinary citizen over whom it exercised governmental power. The employment relationship, however, is not of controlling significance. On the one hand, if the city had pursued a policy of equally deliberate indifference to the safety of pedestrians that resulted in a fatal injury to one who inadvertently stepped into an open manhole, the Court of Appeals’ holding would not speak to this situation at all, although it would seem that a claim by such a pedestrian should be analyzed in a similar manner as the claim by this petitioner. On the other hand, a logical application of the holding might also bar potentially meritorious claims by employees if, for example, the city had given an employee a particularly dangerous assignment in retaliation for a political speech, cf. St. Louis v. Praprotnik, 485 U. S. 112 (1988), or because of his or her gender, cf. Monell v. New York City Dept. of Social Services, 436 U. S. 658 (1978). The First Amendment, the Equal Protection and[*120] Due Process Clauses of the Fourteenth Amendment, and other provisions of the Federal Constitution afford protection to employees who serve the government as well as to those who are served by them, and § 1983 provides a cause of action for all citizens injured by an abridgment of those protections. Neither the fact that petitioner’s decedent was a government employee nor the characterization of the city’s deliberate indifference to his safety as something other than an “abuse of governmental power” is a sufficient reason for refusing to entertain petitioner’s federal claim under § 1983.
Nevertheless, proper analysis requires us to separate two different issues when a § 1983 claim is asserted against a municipality: (1) whether plaintiff’s harm was caused by a constitutional violation, and (2) if so, whether the city is responsible for that violation. See Oklahoma City v. Tuttle, 471 U. S. 808, 817 (1985) (opinion of Rehnquist, J.); id., at 828-829 (opinion of Brennan, J., concurring in part and concurring in judgment). Because most of our opinions discussing municipal policy have involved the latter issue, it is appropriate to discuss it before considering the question whether petitioner’s complaint has alleged a constitutional violation.
II
Section 1983 provides a remedy against “any person” who, under color of state law, deprives another of rights protected by the Constitution. [3] In Monell, the Court held that Congress intended municipalities and other local government entities to be included among those persons to whom § 1983 applies. 436 U. S., at 690. At the same time, the Court[*121] made it clear that municipalities may not be held liable “unless action pursuant to official municipal policy of some nature caused a constitutional tort.” Id., at 691. [4] The Court emphasized that
“a municipality cannot be held liable solely because it employs a tortfeasor — or, in other words, a municipality cannot be held liable under § 1983 on a respondeat superior theory.
“[TJherefore, ... a local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents. Instead, it is when execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible under § 1983.” Id., at 691, 694 (emphasis in original).
In a series of later cases, the Court has considered whether an alleged injury caused by municipal employees acting under color of state law provided a proper basis for imposing liability on a city. In each of those cases the Court assumed that a constitutional violation had been adequately alleged or proved and focused its attention on the separate issue of municipal liability. Thus, for example, in Oklahoma City v. Tuttle, supra, it was assumed that a police officer had violated the decedent’s constitutional rights, but we held that the wrongful conduct of a single officer without any policy-making authority did not establish municipal policy. And in St. Louis v. Praprotnik, 485 U. S. 112 (1988), without reach[*122] ing the question whether the adverse employment action taken against the plaintiff violated his First Amendment rights, the Court concluded that decisions by subordinate employees did not necessarily reflect official policy. On the other hand, in Pembaur v. Cincinnati, 475 U. S. 469 (1986), the Court held that a county was responsible for unconstitutional actions taken pursuant to decisions made by the county prosecutor and the county sheriff because they were the “officials responsible for establishing final policy with respect to the subject matter in question,” id., at 483-484.
Our purpose in citing these cases is to emphasize the separate character of the inquiry into the question of municipal responsibility and the question whether a constitutional violation occurred. It was necessary to analyze whether execution of a municipal policy inflicted the injury in these cases because, unlike ordinary tort litigation, the doctrine of re-spondeat superior was inapplicable. The city is not vicariously liable under §1983 for the constitutional torts of its agents: It is only liable when it can be fairly said that the city itself is the wrongdoer. Because petitioner in this case relies so heavily on our reasoning in Canton v. Harris, 489 U. S. 378 (1989) — and in doing so, seems to assume that the case dealt with the constitutional issue — it is appropriate to comment specifically on that case.
In Canton we held that a municipality can, in some circumstances, be held liable under §1983 “for constitutional violations resulting from its failure to train municipal employees.” Id., at 380. Among the claims advanced by the plaintiff in that case was a violation of the “right, under the Due Process Clause of the Fourteenth Amendment, to receive necessary medical attention while in police custody.” Id., at 381. [5] Because we assumed, arguendo, that the plain[*123] tiff’s constitutional right to receive medical care had been denied, id., at 388-389, n. 8, our. opinion addressed only the question whether the constitutional deprivation was attributable to a municipal policy or custom.
We began our analysis by plainly indicating that we were not deciding the constitutional issue.
“In Monell v. New York City Dept. of Social Services, 436 U. S. 658 (1978), we decided that a municipality can be found liable under § 1983 only where the municipality itself causes the constitutional violation at issue. Re-spondeat superior or vicarious liability will not attach under §1983. Id., at 694-695. ‘It is only when the “execution of the government’s policy or custom ... inflicts the injury” that the municipality may be held liable under § 1983.’ Springfield v. Kibbe, 480 U. S. 257, 267 (1987) (O’Connor, J., dissenting) (quoting Monell, supra, at 694).
“Thus, our first inquiry in any case alleging municipal liability under § 1983 is the question whether there is a direct causal link between a municipal policy or custom and the alleged constitutional deprivation.” Id., at 385.
We did not suggest that all harm-causing municipal policies are actionable under § 1983 or that all such policies are unconstitutional. Moreover, we rejected the city’s argument that only unconstitutional policies can create municipal liability under the statute. Id., at 387. Instead, we concluded that if a city employee violates another’s constitutional rights, the city may be liable if it had a policy or custom of failing to train its employees and that failure to train caused the constitutional violation. In particular, we held that the inadequate training of police officers could be characterized as the cause of the constitutional tort if — and only if — the[*124] failure to train amounted to “deliberate indifference” to the rights of persons with whom the police come into contact. Id., at 388. [6]
Although the term “deliberate indifference” has been used in other contexts to define the threshold for finding a violation of the Eighth Amendment, see Estelle v. Gamble, 429 U. S. 97, 104 (1976), as we have explained, that term was used in the Canton case for the quite different purpose of identifying the threshold for holding a city responsible for the constitutional torts committed by its inadequately trained agents. [7] In this case, petitioner has used that term to characterize the city’s failure to train the employees in its sanitation department. We assume for the purpose of decision that the allegations in the complaint are sufficient to provide a substitute for the doctrine of respondeat superior as a basis for imposing liability on the city for the tor-tious conduct of its agents, but that assumption does not confront the question whether the complaint has alleged a constitutional violation. To that question we now turn.
[*125] III
Petitioner’s constitutional claim rests entirely on the Due Process Clause of the Fourteenth Amendment. [8] The most familiar office of that Clause is to provide a guarantee of fair procedure in connection with any deprivation of life, liberty, or property by a State. Petitioner, however, does not advance a procedural due process claim in this case. Instead, she relies on the substantive component of the Clause that protects individual liberty against “certain government actions regardless of the fairness of the procedures used to implement them.” Daniels v. Williams, 474 U. S. 327, 331 (1986).
As a general matter, the Court has always been reluctant to expand the concept of substantive due process because guideposts for responsible decisionmaking in this unchar-tered area are scarce and open-ended. Regents of Univ. of Mich. v. Ewing, 474 U. S. 214, 225-226 (1985). The doctrine of judicial self-restraint requires us to exercise the utmost care whenever we are asked to break new ground in this field. It is important, therefore, to focus on the allegations in the complaint to determine how petitioner describes the constitutional right at stake and what the city allegedly did to deprive her husband of that right.
A fair reading of petitioner’s complaint does not charge the city with a willful violation of Collins’ rights. Petitioner does not claim that the city or any of its agents deliberately harmed her husband. In fact, she does not even allege that his supervisor instructed him to go into the sewer when the supervisor knew or should have known that there was a significant risk that he would be injured. Instead, she makes the more general allegation that the city deprived him of[*126] life and liberty by failing to provide a reasonably safe work environment. [9] Fairly analyzed, her claim advances two theories: that the Federal Constitution imposes a duty on the city to provide its employees with minimal levels of safety and security in the workplace, or that the city’s “deliberate indifference” to Collins’ safety was arbitrary government action that must “shock the conscience” of federal judges. Cf. Rochin v. California, 342 U. S. 165, 172 (1952).
Neither the text nor the history of the Due Process Clause supports petitioner’s claim that the governmental employer’s duty to provide its employees with a safe working environment is a substantive component of the Due Process Clause. “[T]he Due Process Clause of the Fourteenth Amendment was intended to prevent government ‘from abusing [its] power, or employing it as an instrument of oppression. ’ ” DeShaney v. Winnebago County Dept. of Social Services, 489 U. S., at 196 (quoting Davidson v. Cannon, 474 U. S. 344, 348 (1986)). As we recognized in DeShaney:
“The Clause is phrased as a limitation on the State’s power to act, not as a guarantee of certain minimal levels of safety and security. It forbids the State itself to deprive individuals of life, liberty, or property without ‘due process of law,’ but its language cannot fairly be extended to impose an affirmative obligation on the State to ensure that those interests do not come to harm through other means. Nor does history support such[*127] an expansive reading of the constitutional text.” 489 U. S., at 195. [10]
Petitioner’s submission that the city violated a federal constitutional obligation to provide its employees with certain minimal levels of safety and security is unprecedented. It is quite different from the constitutional claim advanced by plaintiffs in several of our prior cases who argued that the State owes a duty to take care of those who have already been deprived of their liberty. We have held, for example, that apart from the protection against cruel and unusual punishment provided by the Eighth Amendment, cf. Hutto v. Finney, 437 U. S. 678 (1978), the Due Process Clause of its own force requires that conditions of confinement satisfy certain minimal standards for pretrial detainees, see Bell v. Wolfish, 441 U. S. 520, 535, n. 16, 545 (1979), for persons in mental institutions, Youngberg v. Romeo, 457 U. S. 307, 315-316 (1982), for convicted felons, Turner v. Safley, 482 U. S. 78, 94-99 (1987), and for persons under arrest, see Revere v. Massachusetts General Hospital, 463 U. S. 239, 244-245 (1983). The “process” that the Constitution guarantees in[*128] connection with any deprivation of liberty thus includes a continuing obligation to satisfy certain minimal custodial standards. See DeShaney, 489 U. S., at 200. Petitioner cannot maintain, however, that the city deprived Collins of his liberty when it made, and he voluntarily accepted, an offer of employment.
We also are not persuaded that the city’s alleged failure to train its employees, or to warn them about known risks of harm, was an omission that can properly be characterized as arbitrary, or conscience shocking, in a constitutional sense. Petitioner’s claim is analogous to a fairly typical state-law tort claim: The city breached its duty of care to her husband by failing to provide a safe work environment. Because the Due Process Clause “does not purport to supplant traditional tort law in laying down rules of conduct to regulate liability for injuries that attend living together in society,” Daniels v. Williams, 474 U. S., at 332, we have previously rejected claims that the Due Process Clause should be interpreted to impose federal duties that are analogous to those traditionally imposed by state tort law, see, e.g., id., at 332-333; Baker v. McCollan, 443 U. S. 137, 146 (1979); Paul v. Davis, 424 U. S. 693, 701 (1976). The reasoning in those cases applies with special force to claims asserted against public employers because state law, rather than the Federal Constitution, generally governs the substance of the employment relationship. See, e. g., Bishop v. Wood, 426 U. S. 341, 350 (1976); Board of Regents of State Colleges v. Roth, 408 U. S. 564, 577-578 (1972).
Our refusal to characterize the city’s alleged omission in this case as arbitrary in a constitutional sense rests on the presumption that the administration of government programs is based on a rational decisionmaking process that takes account of competing social, political, and economic forces. Cf. Walker v. Rowe, 791 F. 2d 507, 510 (CA7 1986). Decisions concerning the allocation of resources to individual programs, such as sewer maintenance, and to particular as[*129] pects of those programs, such as the training and compensation of employees, involve a host of policy choices that must be made by locally elected representatives, rather than by federal judges interpreting the basic charter of Government for the entire country. The Due Process Clause “is not a guarantee against incorrect or ill-advised personnel decisions.” Bishop v. Wood, 426 U. S., at 350. Nor does it guarantee municipal employees a workplace that is free of unreasonable risks of harm.
Finally, we reject petitioner’s suggestion that the Texas Hazard Communication Act [11] supports her substantive due process claim. We assume that the Act imposed a duty on the city to warn its sanitation employees about the dangers of noxious gases in the sewers and to provide safety training and protective equipment to minimize those dangers. [12] We also assume, as petitioner argues, that the Act created an entitlement that qualifies as a “liberty interest” protected by the Due Process Clause. But even with these assumptions, petitioner’s claim must fail for she has not alleged that the deprivation of this liberty interest was arbitrary in the constitutional sense. Cf. Harrah Independent School Dist. v.[*130] Martin, 440 U. S. 194, 198-199 (1979). The reasons why the city’s alleged failure to train and warn did not constitute a constitutionally arbitrary deprivation of Collins’ life, see supra, at 128-129, apply a fortiori to the less significant liberty interest created by the Texas statute.
In sum, we conclude that the Due Process Clause does not impose an independent federal obligation upon municipalities to provide certain minimal levels of safety and security in the workplace and the city’s alleged failure to train or to warn its sanitation department employees was not arbitrary in a constitutional sense. The judgment of the Court of Appeals is therefore affirmed.
It is so ordered.
In particular, the complaint alleged that “[pjrior to October, 1988, the City of Harker Heights was on notice of the dangers to which the employees were exposed because Larry Michael Collins’ supervisor had been rendered unconscious in a manhole several months prior to October, 1988, in fact, several months before Larry Michael Collins began work at the City of Harker Heights.” App. 7.
The Court of Appeals explained:
“The question presented in this case is whether a plaintiff seeking recovery under § 1983 for injury to a governmental employee must demonstrate, inter alia, that the conduct in issue was an abuse of governmental power. More particularly, does alleged wrongful conduct by government — in its capacity as employer rather than as a governing authority— that deprives its employee of an alleged constitutional right give rise to a § 1983 action? We base our holding on the abuse of government power standard, separate from the constitutional deprivation element or standard. The district court appears to have merged those two standards, which are among those necessary for bringing § 1983 into play here. In reviewing this Rule 12(b)(6) dismissal, we will keep them separate.
“In this Circuit, there is a separate standard that must also be satisfied— an abuse of government power. While this element is in many ways similar to, and often blends with, other necessary elements for a § 1983 action, such as deprivation of a constitutional right, and springs from the same sources as the deprivation element, it is separate nonetheless.” 916 F. 2d, at 286-287.
The section states, in relevant part:
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress_” 42 U. S. C. § 1983.
Petitioners in Monell, a class of female employees of the New York City Department of Social Services and Board of Education, alleged that the board and department violated their due process rights by implementing an official policy that compelled pregnant employees to take unpaid leaves of absences before such leaves were required for medical reasons. 436 U. S., at 660-661.
“At the close of the evidence, the District Court submitted the case to the jury, which rejected all of Mrs. Harris’ claims except one: her § 1983 claim against the city resulting from its failure to provide her with medi [*123] cal treatment while in custody.” Canton v. Harris, 489 U. S., at 382 (emphasis added).
We added:
“Only where a municipality’s failure to train its employees in a relevant respect evidences a ‘deliberate indifference’ to the rights of its inhabitants can such a shortcoming be properly thought of as a' city ‘policy or custom’ that is actionable under § 1983.
“Consequently, while claims such as respondent’s — alleging that the city’s failure to provide training to municipal employees resulted in the constitutional deprivation she suffered — are cognizable under § 1983, they can only yield liability against a municipality where that city’s failure to train reflects deliberate indifference to the constitutional rights of its inhabitants.” Id., at 389, 392.
Indeed, we expressly stated: “The ‘deliberate indifference’ standard we adopt for § 1983 ‘failure to train’ claims does not turn upon the degree of fault (if any) that a plaintiff must show to make out an underlying claim of a constitutional violation.” Id., at 388, n. 8.
The Due Process Clause of the Fourteenth Amendment states: “nor shall any State deprive any person of life, liberty, or property, without due process of law.”
Petitioner alleges that her husband had “a constitutional right to be free from unreasonable risks of harm to his body, mind and emotions and a constitutional right to be protected from the City of Harker Heights’ custom and policy of deliberate indifference toward the safety of its employees.” App. 7. The city’s policy and custom of not training its employees and not warning them of the danger allegedly caused Collins’ death and thus deprived him of those rights. Id., at 8.
“Historically, this guarantee of due process has been applied to deliberate decisions of government officials to deprive a person of life, liberty, or property. E. g., Davidson v. New Orleans, 96 U. S. 97 (1878) (assessment of real estate); Rochin v. California, 342 U. S. 166 (1962) (stomach pumping); Bell v. Burson, 402 U. S. 535 (1971) (suspension of driver’s license); Ingraham v. Wright, 430 U. S. 651 (1977) (paddling student); Hudson v. Palmer, 468 U. S. 517 (1984) (intentional destruction of inmate’s property). No decision of this Court before Parratt [v. Taylor, 451 U. S. 527 (1981),] supported the view that negligent conduct by a state official, even though causing injury, constitutes a deprivation under the Due Process Clause. This history reflects the traditional and common-sense notion that the Due Process Clause, like its forebear in the Magna Carta, see Corwin, The Doctrine of Due Process of Law Before the Civil War, 24 Harv. L. Rev. 366, 368 (1911), was ‘intended to secure the individual from the arbitrary exercise of the powers of government,’ Hurtado v. California, 110 U. S. 516, 527 (1884).” Daniels v. Williams, 474 U. S. 327, 331 (1986).
Tex. Rev. Civ. Stat. Ann., Art. 5182b (Vernon 1987).
Section 10(a) of the Act states, for example:
“Every employer shall provide, at least annually, an education and training program for employees using or handling hazardous chemicals. . . . Additional instruction shall be provided when the potential for exposure to hazardous chemicals is altered or when new and significant information is received by the employer concerning the hazards of a chemical. New or newly assigned employees shall be provided training before working with or in a work area containing hazardous chemicals.”
And § 15(a)states:
“Employees who may be exposed to hazardous chemicals shall be informed of the exposure and shall have access to the workplace chemical list and [material safety data sheets] for the hazardous chemicals. ... In addition, employees shall receive training on the hazards of the chemicals and on measures they can take to protect themselves from those hazards and shall be provided with appropriate personal protective equipment. These rights are guaranteed on the effective date of this Act.”