Mary I. Boettger, Adm'x of the Est. of Clarence Stensrude, Jr., Deceased v. Dave Moore, 483 F.2d 86 (9th Cir. 1973). · Go Syfert
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Mary I. Boettger, Adm'x of the Est. of Clarence Stensrude, Jr., Deceased v. Dave Moore, 483 F.2d 86 (9th Cir. 1973). Cases Citing This Book View Copy Cite
15 citation events across 8 distinct courts.
Strongest positive: Zingmond v. Harger (innd, 1985-02-05)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Zingmond v. Harger
N.D. Ind. · 1985 · confidence medium
The doctrine of respondeat superior does not apply to 1983 claims, Pearl v. Dobbs, 649 F.2d 608 (8th Cir.1981); Adams v. Pate, 445 F.2d 105, 107 (7th Cir.1971); Boettger v. Moore, 483 F.2d 86, 87 (9th Cir.1973); Arroyo v. Schaefer, 548 F.2d 47, 51 (2d Cir.1977); and Duchesne v. Sugarman, 566 F.2d 817, 830 (2d Cir.1977) where the court stated: The doctrine of respondeat superior is unavailable as a basis for imposing liability under § 1983, there must be a showing of personal responsibility.
cited Cited as authority (rule) Fayle v. Stapley
9th Cir. · 1979 · confidence medium
Mosher v. Saalfeld, supra, 589 F.2d at 441 ; Boettger v. Moore, 483 F.2d 86, 87 (9th Cir. 1973).
cited Cited as authority (rule) Fayle v. Stapley
9th Cir. · 1979 · confidence medium
Mosher v. Saalfeld, supra, 589 F.2d at 441 ; Boettger v. Moore, 483 F.2d 86, 87 (9th Cir. 1973).
discussed Cited as authority (rule) Sportique Fashions, Inc. v. Sullivan
9th Cir. · 1979 · confidence medium
Since the allegedly negligent lower level employees are not the “employees” or “agents” of these defendants, but “both are fellow servants of the [United States], an immune governmental agency,” Boettger v. Morse, 483 F.2d 86, 87 (9th Cir. 1973), defendants’ liability can only be predicated on their actual behavior.
discussed Cited as authority (rule) Sportique Fashions, Inc. v. William Sullivan
9th Cir. · 1979 · confidence medium
Since the allegedly negligent lower level employees are not the "employees" or "agents" of these defendants, but "both are fellow servants of the (United States), an immune governmental agency," Boettger v. Morse, 483 F.2d 86, 87 (9th Cir. 1973), defendants' liability can only be predicated on their actual behavior. 20 Finally, appellants' failure to show that defendants were negligent means that defendants clearly fall under the immunity rule for public officials.
cited Cited as authority (rule) Delores A. Mosher v. H. C. Saalfeld and Wesley J. Robinson
9th Cir. · 1979 · confidence medium
Boett-ger v. Moore, 483 F.2d 86, 87 (9 Cir. 1973); Hesselgesser v. Reilly, 440 F.2d 901, 903 (9 Cir. 1971).
discussed Cited as authority (rule) Apolinar Navarette, Jr., AKA Paul Medel Navarette v. Jiro J. Enomoto (2×)
9th Cir. · 1976 · confidence medium
See also Hansen v. May, 502 F.2d 728, 730 (9th Cir. 1974); Boettger v. Moore, 483 F.2d 86, 87 (9th Cir. 1973).
cited Cited "see" Johnny X. Milton v. Louis S. Nelson
9th Cir. · 1976 · signal: see · confidence high
See Boettger v. Moore, 483 F.2d 86 (9th Cir. 1973).
discussed Cited "see, e.g." Padover v. Gimbel Bros., Inc.
E.D. Pa. · 1976 · signal: see also · confidence low
See also Boettger v. Moore, 483 F.2d 86 (9th Cir. 1973); Adams v. Pate, 445 F.2d 105 (7th Cir. 1971); Thompson v. Montemuro, 383 *923 F.Supp. 1200 (E.D.Pa.1974); Mathis v. Pratt, 375 F.Supp. 301 (N.D.Ill.1974); Boyden v. Troken, 358 F.Supp. 906 (N.D.Ill.1973); Lathon v. Jefferson Parish, 358 F.Supp. 558 (E.D.La.1973); Barnes v. Dorsey, 354 F.Supp. 179 (E.D.Mo.), aff’d, 480 F.2d 1057 (8th Cir. 1973); Ashenhurst v. Carey, 351 F.Supp. 708 (N.D.Ill.1973); Bichrest v. School District of Philadelphia, 346 F.Supp. 249 (E.D.Pa.1972); Boreta v. Kirby, 328 F.Supp. 670 (N.D.Cal.1971); McGhee v. Moyer, …
Retrieving the full opinion text from the archive…
Mary I. BOETTGER, Administratrix of the Estate of Clarence Stensrude, Jr., Deceased, Appellant,
v.
Dave MOORE Et Al., Appellees
72-1261.
Court of Appeals for the Ninth Circuit.
Jul 31, 1973.
483 F.2d 86
1973 U.S. App. LEXIS 8551
Jess L. Angstman, Havre, Mont., John F. Bayuk, Shelby, Mont., D. Patrick McKittriek, of Hilley & McKittrick, Great Falls, Mont., for appellant., Smith, Emmons & Baillie, Great Falls, Mont., for appellees.
Koelsch, Hufstedler, Goodwin.
Cited by 15 opinions  |  Published
ALFRED T. GOODWIN, Circuit Judge:

The administratrix of a decedent’s estate sued two police officers, the chief of police, the mayor, and eight city councilmen of Havre, Montana, for damages under 42 U.S.C. § 1983, for depriving the decedent of his civil rights by shooting him to death in the course of police work.

The district court dismissed the action against the mayor and councilmen. The action continues against the remaining defendants. The plaintiff filed a premature notice of appeal without receiving from the District Court the certificate required by Fed.R.Civ.P. 54(b). The certificate was subsequently obtained and is now a part of the record on appeal. We treat the Rule 54(b) certificate as filed with leave of this court, because it was filed in response to a court-directed inquiry from the clerk concerning an obvious deficiency in the record.

Plaintiff argues that the city officials are vicariously liable under 42 U.S.C. §§ 1983 and 1988 because, under state law, the doctrine of respondeat superior imposes personal liability on them. No act of misconduct or negligence is alleged on the part of any respondent.

We have held that when a state, by statute, has imposed upon a sheriff liability for the misconduct of his appointees, the sheriff can be sued under §§ 1983 and 1988. Hesselgesser v. Reilly, 440 F.2d 901 (9th Cir. 1971). Hessel-gesser posed a two-part question: (1) does the Civil Rights Act give recognition to the laws of the states pertaining to such vicarious liability, and (2) do the laws of the particular state where the action arose create such liability. 440 F.2d at 903.

The traditional rule is that higher city officials are not liable under the doctrine of respondeat superior for the acts of lower officials because the lower officials are not the employees of the higher officials; both are fellow servants of the city, an immune governmental agency. Restatement (Second) of Agency § 245, comment h (1957). See Robertson v. Sichel, 127 U.S. 507, 88 S.Ct. 1286, 32 L.Ed. 203 (1888). This is also the rule in Montana. Boettger v. Employers Liability Assurance Corp., 158 Mont. 258, 490 P.2d 717 (1971).

Thus, assuming that Hesselgesser requires the district court to look to state law, the district court correctly found no liability. Montana has not imposed vicarious liability upon its city officials in this type of case. Boettger v. Employers Liability Assurance Corp., supra. See also Cockrum v. Whitney, 479 F.2d 84 (9th Cir. 1973).

Affirmed.