Nickolaj Latuszkin v. City of Chicago, 250 F.3d 502 (7th Cir. 2001). · Go Syfert
Nickolaj Latuszkin v. City of Chicago, 250 F.3d 502 (7th Cir. 2001). Cases Citing This Book View Copy Cite
134 citation events (134 in the last 25 years) across 12 distinct courts.
Strongest positive: Hambly v. Cole (wied, 2023-09-27) · Strongest negative: Fred Honaker v. Gary Smith, Mayor, Individually and as Mayor of the Village of Lovington and as Fire Chief of the Lovington Fire Department (ca7, 2001-06-26)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Fred Honaker v. Gary Smith, Mayor, Individually and as Mayor of the Village of Lovington and as Fire Chief of the Lovington Fire Department
7th Cir. · 2001 · signal: but see · confidence high
But see Latuszkin v. City of Chicago, 250 F.3d 502, 505-06 (7th Cir.2001) (off-duty police officer had not acted under color of state law where disputed action occurred while officer was driving his own car outside of his police jurisdiction and where there was “no allegation that [the officer] was engaged in police activity, that he displayed any police power, or that he possessed any indicia of his office at the time of the accident”).
discussed Cited "but see" Honaker, Fred v. Smith, Gary
7th Cir. · 2001 · signal: but see · confidence high
But see Latuszkin v. City of Chicago, 250 F.3d 502, 505-06 (7th Cir. 2001) (off-duty police officer had not acted under color of state law where disputed action occurred while officer was driving his own car outside of his police jurisdiction and where there was "no allegation that [the officer] was engaged in police activity, that he displayed any police power, or that he possessed any indicia of his office at the time of the accident").
discussed Cited as authority (verbatim quote) Hambly v. Cole
E.D. Wis. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
the important consideration . . . in determining whether an officer is acting under color of state law is the nature of the specific acts performed.
discussed Cited as authority (rule) Shalak v. City Of Chicago
N.D. Ill. · 2025 · confidence medium
Rather, a Monell claim “must simply set forth sufficient allegations to place the court and defendants on notice of the gravamen of the complaint.” Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir. 2001).
discussed Cited as authority (rule) Hinton v. The City of Chicago
N.D. Ill. · 2025 · confidence medium
Compare Pickrel v. City of Springfield, 45 F.3d 1115, 1118 (7th Cir. 1995) (off- duty police officer who drove a marked police car and wore his uniform, gun, and badge when arresting the plaintiff could be a state actor; uniform and badge were “signs of state authority,” gun enabled him “to enforce his authority,” and car advertised “the presence of a police officer”), with Latuszkin v. City of Chicago, 250 F.3d 502, 506 (7th Cir. 2001) (no state action where off- duty police officer neither “displayed any police power” nor “possessed any indicia of his office” at the time …
cited Cited as authority (rule) Richardson v. City of Chicago
N.D. Ill. · 2025 · confidence medium
Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir. 2001); McCauley v. City of Chicago, 671 F.3d 611, 616 (7th Cir. 2011) (cleaned up).
cited Cited as authority (rule) Hunt v. City of Chicago
N.D. Ill. · 2024 · confidence medium
Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir. 2001).
discussed Cited as authority (rule) Garber v. Franciscan Alliance, Inc
N.D. Ind. · 2023 · signal: cf. · confidence medium
“Rather, to successfully assert a claim, a plaintiff must first show that the private actor engaged in joint action with the State or its agents.” Id. when he arrested the plaintiff for refusing to leave); cf. Latuszkin v. City of Chicago, 250 F.3d 502, 503 (7th Cir. 2001) (finding that an off-duty, plain clothes officer who became intoxicated at a party in the police department’s parking lot, drove his personal vehicle under the influence, and killed the plaintiff’s spouse in an ensuing crash was not acting under color of state law); cf. Woods v. Clay, No. 01 C 6618, 2005 WL 43239 , a…
discussed Cited as authority (rule) Plair v. Macomb, County of
E.D. Mich. · 2023 · confidence medium
Comm’rs of Bryan Cnty., Okla. v. Brown, 520 U.S. 397, 404 (1997); Canton, 489 U.S. at 390 n.10; Latuszkin v. City of Chicago, 250 F.3d 502, 505 (7th Cir. 2001); and Chancellor v. City of Detroit, 454 F. Supp. 2d 645, 650 (E.D.
discussed Cited as authority (rule) Cannon v. City of Anna, Illinois
S.D. Ill. · 2023 · confidence medium
Latuszkin v. City of Chicago, 250 F.3d 502, 505 (7th Cir. 2001); see also Pickrel v. City of Springfield, Ill., 45 F.3d 1115, 1118 (7th Cir. 1995) (“Deciding whether a police officer acted under color of state law should turn largely on the nature of the specific acts the police officer performed, rather than on merely whether he was actively assigned at the moment to the performance of police duties.”).
discussed Cited as authority (rule) STEFANOV v. MCINTYRE
S.D. Ind. · 2023 · confidence medium
Rather, the Court must look to "the nature of the specific acts performed," including whether Officer McIntyre "was engaged in police activity,…displayed any police power, or…possessed any indicia of his office at the time of the [incident]." Latuszkin v. City of Chicago, 250 F.3d 502, 505-06 (7th Cir. 2001).
discussed Cited as authority (rule) Coleman-Napper v. CKEM, Inc (2×) also: Cited "see"
S.D. Ill. · 2023 · confidence medium
Instead, a plaintiff must allege that injury was caused by “(1) the enforcement of an express policy of the City, (2) a widespread practice that is so permanent and well settled as to constitute a custom or usage with the force of law, or (3) a person with final policymaking authority.” Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir. 2001).
cited Cited as authority (rule) Carr v. Mendrick
N.D. Ill. · 2022 · confidence medium
Ill. 2011) (citing Latuszkin v. City of Chicago, 250 F.3d 502, 506 (7th Cir. 2001)).
discussed Cited as authority (rule) Austin Bey v. City Of Chicago (2×) also: Cited "see"
N.D. Ill. · 2022 · confidence medium
Latuszkin v. City of Chi., 250 F.3d 502, 504 (7th Cir. 2001).
discussed Cited as authority (rule) Brown v. Chicago Police Department
N.D. Ill. · 2022 · confidence medium
Latuszkin v. City of Chicago, 250 F.3d 502, 505 (7th Cir. 2001) (requiring plaintiff to allege fact tending to show “that City policymakers were aware of the behavior of the officers, or that the activity was so persistent and widespread that City policymakers should have known about the behavior”).
discussed Cited as authority (rule) Hayes v. Town of Dalton
D. Mass. · 2022 · confidence medium
"The important consideration . . . in determining whether an officer is acting under color of state law is the nature of the specific acts performed." Latuszkin v. City of Chicago, 250 F.3d 502, 505-06 (7th Cir. 2001).
cited Cited as authority (rule) Estate of Sarah R. Seybold v. Tazewell County
C.D. Ill. · 2022 · confidence medium
Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir. 2001) (citing McCormick v. City of Chicago, 230 F.3d 319 , 323–24 (7th Cir. 2000)).
discussed Cited as authority (rule) Graham v. City of Elkhart
N.D. Ind. · 2021 · confidence medium
To establish an official policy or custom, a plaintiff must plead that her constitutional injury was caused “by (1) the enforcement of an express policy of the [municipality], (2) a widespread practice that is so permanent and well settled as to constitute a custom or usage with the force of law, or (3) a person with final policymaking authority.” Wragg v. Vill. of Thornton, 604 F.3d 464 , 467–68 (7th Cir. 2010) (quoting Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir. 2001)).
discussed Cited as authority (rule) Hankle-Sample v. City of Chicago, The
N.D. Ill. · 2021 · confidence medium
As a result, both the City Council and Commissioner of Human Resources may be considered final policymakers for the City in the area of employment. 7 Plaintiff’s custom and practice argument also is not supported by sufficient facts “tending to show that City policymakers were aware of the behavior of the officers, or that the activity was so persistent and widespread that City policymakers should have known about the behavior.” Latuszkin v. City of Chicago, 250 F.3d 502, 505 (7th Cir. 2001).
cited Cited as authority (rule) Taylor v. Norway Star No. 6797
N.D. Ill. · 2021 · confidence medium
See White v. City of Chicago, 829 F.3d 837 , 843–44 (7th Cir. 2016); Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir. 2001).
discussed Cited as authority (rule) Mundo v. City Of Chicago
N.D. Ill. · 2021 · confidence medium
Granted, in Latuszkin v. City of Chicago, the Seventh Circuit drew a distinction between policies and customs “of the City” and those “of the CPD,” or the Chicago Police Department. 250 F.3d 502, 505 (7th Cir. 2001).
cited Cited as authority (rule) Nicholson v. Lewis
N.D. Ill. · 2021 · confidence medium
Although Monell claims are not subject to a heightened pleading standard, see Latuszkin v. City of Chi., 250 F.3d 502, 504 (7th Cir. 2001), Baskins v. Gilmore, 2018 WL 4699847 , at *3 (N.D.
cited Cited as authority (rule) Kelly v. Gersonde
E.D. Wis. · 2021 · confidence medium
See Wilson v. Price, 624 F.3d 389, 392-93 (7th Cir. 2010); Honaker v. Smith, 256 F.3d 477, 484-86 (7th Cir. 2001); Latuszkin v. City of Chicago, 250 F.3d 502, 505-06 (7th Cir. 2001).
discussed Cited as authority (rule) COX v. RANDY WEITZEL
S.D. Ind. · 2021 · confidence medium
"To establish an official policy or custom, a plaintiff must show that [her] constitutional injury was caused 'by (1) the enforcement of an express policy of the [village], (2) a widespread practice that is so permanent and well settled as to constitute a custom or usage with the force of law, or (3) a person with final policymaking authority.'" Id. at 467 (quoting Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir. 2001)).
discussed Cited as authority (rule) FKFJ, INC. v. Village of Worth
N.D. Ill. · 2020 · confidence medium
“To establish an official policy or custom, a plaintiff must show that his constitutional injury was caused ‘by (1) the enforcement of an express policy of the [village], (2) a widespread practice that is so permanent and well settled as to constitute a custom or usage with the force of law, or (3) a person with final policymaking authority.’” Wragg, 604 F.3d at 467 (quoting Latuszkin v. City of Chi., 250 F.3d 502, 504 (7th Cir. 2001)) (emphasis added).
discussed Cited as authority (rule) Bridgeforth v. City of Glenwood
N.D. Ill. · 2020 · confidence medium
“To establish an official policy or custom, a plaintiff must show that his constitutional injury was caused ‘by (1) the enforcement of an express policy of the [village], (2) a widespread practice that is so permanent 4 Defendants also argue that plaintiff is collaterally estopped to assert claims that contradict his guilty plea, but the Court need not consider the doctrine of collateral estoppel separately, as the Heck doctrine accomplishes the same thing. and well settled as to constitute a custom or usage with the force of law, or (3) a person with final policymaking authority.’” Id…
discussed Cited as authority (rule) DiDonato v. Panatera
N.D. Ill. · 2020 · confidence medium
See, e.g., Wilson, 624 F.3d at 394 (alderman was not acting under color of state law when he beat a man after a parking dispute because enforcing parking laws was not related to his purely legislative aldermanic duties); Latuszkin v. City of Chicago, 250 F.3d 502, 505-06 (7th Cir. 2001) (police officer was not acting under color of state law when he drove drunk in personal vehicle, did not “display[ ] any police power,” and did not “possess[ ] any indicia of his office” at time of accident); Cole v. City of Chicago, No. 06 C 4704, 2008 WL 68687 , at *3-4 (N.D.
discussed Cited as authority (rule) Miller v. City of Chicago
N.D. Ill. · 2019 · confidence medium
See, e.g., Katz-Crank v. Haskett, 843 F.3d 641, 647 (7th Cir. 2016) (upholding dismissal of complaint that alleged “lots of individual misconduct,” but no policy or custom that caused an injury); Latuszkin v. City of Chicago, 250 F.3d 502, 505 (7th Cir. 2001) (upholding dismissal of complaint that did not allege any facts showing that policymakers were aware of an individual’s behavior or “that the activity was so persistent and widespread” that policymakers should have known about it).
discussed Cited as authority (rule) Copeland v. Johnson
N.D. Ill. · 2019 · confidence medium
The Court also notes that—in order to state a Monell claim against the City—Plaintiff must allege facts “tending to show that City policymakers were aware of the behavior of the officers, or that the activity was so persistent and widespread that City policymakers should have known about the behavior.” Latuszkin v. City of Chicago, 250 F.3d 502, 505 (7th Cir. 2001).
discussed Cited as authority (rule) Harris, Sr. v. I.D.O.C.
N.D. Ill. · 2019 · confidence medium
Under Monell, Harris must show that his constitutional injury was caused by “(1) the enforcement of an express policy of the [corporation], (2) a widespread practice that is so permanent and well settled as to constitute a custom or usage with the force of law, or (3) a person with final policymaking authority.” Latuszkin v. City of Chi., 250 F.3d 502, 504 (7th Cir. 2001).
discussed Cited as authority (rule) DiDonato v. Panatera
N.D. Ill. · 2019 · confidence medium
Jan. 4, 2008) (on-duty paramedics who stood by and watched while their colleague assaulted a patient “were not performing any paramedic duties” and thus were not acting under color of state law); see also Plaats, 641 F. App’x at 627 (police officer who did not identify himself and was wearing street clothes when he allegedly attacked plaintiff to settle a personal dispute did not “use[] his government position and resources or purport[] to enforce any law” and thus was not acting under color of state law); Wilson, 624 F.3d at 394 (alderman was not acting under color of state law when…
discussed Cited as authority (rule) Spates v. Grant Crizer
N.D. Ind. · 2019 · confidence medium
Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 168 (1993), a plaintiff still must “set forth sufficient allegations to place the court and defendants on notice of the gravamen of the complaint,” Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir. 2002).
discussed Cited as authority (rule) FKFJ, INC. v. Village of Worth
N.D. Ill. · 2019 · confidence medium
“To establish an official policy or custom, a plaintiff must show that his constitutional injury was caused ‘by (1) the enforcement of an express policy of the [village], (2) a widespread practice that is so permanent and well settled as to constitute a custom or usage with the force of law, or (3) a person with final policymaking authority.’” Id. (quoting Latuszkin v. City of Chi., 250 F.3d 502, 504 (7th Cir.2001)).
discussed Cited as authority (rule) Baskins v. Gilmore (2×) also: Cited "see"
N.D. Ill. · 2018 · confidence medium
Latuszkin v. City of Chi., 250 F.3d 502, 504 (7th Cir. 2001).
cited Cited as authority (rule) Sroga v. Hondzinski
N.D. Ill. · 2018 · confidence medium
They were “too scattershot” to raise such an inference, citing Latuszkin v. City of Chicago, 250 F.3d 502, 505 (7th Cir. 2001).
cited Cited as authority (rule) Davis v. City of Montgomery
M.D. Ala. · 2016 · confidence medium
However, “Tuttle [dealt] with the requirements for proving the existence of a custom.” Latuszkin v. Chicago, 250 F.3d 502, 505 (7th Cir. 2001).
discussed Cited as authority (rule) Timothy Vander Plaats v. Michael Barthelemy
7th Cir. · 2016 · confidence medium
See Wilson, 624 F.3d at 394 (alderman not acting under color of state law when he beat a man because, in part, there was no evidénce he identified himself as an alderman); Latuszkin v. City of Chicago, 250 F.3d 502, 505-06 (7th Cir.2001) (police officer not acting under color of state law when he drove drunk in personal vehicle, did not “display[ ] any police power,” and did not “possess[ ] any indicia of his office” at time of accident); Townsend v. Moya, 291 F.3d 859, 862 (5th Cir.2002) (prison guard not acting under color of state law when he cut an inmate because the two were enga…
cited Cited as authority (rule) Olejnik v. England
W.D. Wis. · 2015 · confidence medium
See Wilson v. Price, 624 F.3d 389, 392 (7th Cir.2010); Honaker v. Smith, 256 F.3d 477, 484-85 (7th Cir.2001); Latuszkin v. City of Chicago, 250 F.3d 502, 505-06 (7th Cir.2001).
discussed Cited as authority (rule) Luce v. Town of Campbell
W.D. Wis. · 2015 · confidence medium
Latuszkin v. City of Chi, 250 F.3d 502, 505-06 (7th Cir.2001) (“The important consideration, however, in determining whether an officer is acting under color of state law is the nature of the specific acts performed.”); see also Pickrel v. City of Springfield, Ill., 45 F.3d 1115, 1118 (7th Cir.1995) (“Deciding whether a police officer acted under color of state law should turn largely on the nature of the specific acts the police officer performed, rather than on merely whether he was actively assigned at the moment to the performance of police duties.”).
discussed Cited as authority (rule) Luce v. Town of Campbell
W.D. Wis. · 2015 · confidence medium
In Latuszkin v. City of Chicago, 250 F.3d 502, 503, 505-06 (7th Cir.2001), the Seventh Circuit affirmed a dismissal of a § 1983 lawsuit against an off-duty police officer driving under the influence of alcohol, who struck and killed the plaintiffs wife.
discussed Cited as authority (rule) Fromer v. Corizon, Inc.
S.D. Ind. · 2014 · confidence medium
“In general terms, to maintain a viable § 1983 action against a municipality or similar entity, a plaintiff must demonstrate that a constitutional deprivation occurred as a ra-suit of an express policy or custom of the government unit.” Id. (citing Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir.2001)).
cited Cited as authority (rule) Deputy v. City of Seymour
S.D. Ind. · 2014 · confidence medium
Medi-Car, Inc., 300 F.3d 760, 766 (7th Cir.2002) (citing Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir.2001)).
discussed Cited as authority (rule) Vázquez v. Village of Bensenville
N.D. Ill. · 2014 · confidence medium
Oct. 30, 2013) (A plaintiff must allege “facts tending to show that the City policymakers were aware of the behavior of officers, or that the activity was so persistent and widespread that City policymakers should have known about the behavior.” (quoting Latuszkin v. City of Chi., 250 F.3d 502, 505 (7th Cir.2001))).
discussed Cited as authority (rule) Lovette-Cephus v. Village of Park Forest
N.D. Ill. · 2014 · confidence medium
For a Section 1983 Monell claim, a plaintiff must “show that his constitutional injury was caused ‘by (1) the enforcement of an express policy of the [municipal entity], (2) a widespread practice that is so permanent and well settled as to constitute a custom or usage with the force of law, or (3) a person with final policymaking authority.’ ” Id. (quoting Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir.2001)).
discussed Cited as authority (rule) Bohannon v. City of Milwaukee
E.D. Wis. · 2014 · confidence medium
Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 165 , 113 S.Ct. 1160 , 122 L.Ed.2d 517 (1993); McCormick v. City of Chicago, 230 F.3d 319, 323 (7th Cir.2000); Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir.2001); Lanigan v. Village of East Hazel Crest, 110 F.3d 467, 480 (7th Cir.1997); Sledd v. Lindsay, 102 F.3d 282, 288-89 (7th Cir.1996); Jackson v. Marion Cty., 66 F.3d 151, 153-54 (7th Cir.1995)).
discussed Cited as authority (rule) Freeman v. City of Milwaukee
E.D. Wis. · 2014 · confidence medium
Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 165 , 113 S.Ct. 1160 , 122 L.Ed.2d 517 (1993); McCormick v. City of Chicago, 230 F.3d 319, 323 (7th Cir.2000); Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir.2001); Lanigan v. Village of East Hazel Crest, 110 F.3d 467, 480 (7th Cir.1997); Sledd v. Lindsay, 102 F.3d 282, 288-89 (7th Cir.1996); Jackson v. Marion Cty., 66 F.3d 151, 153-54 (7th Cir.1995)).
discussed Cited as authority (rule) Hoskin v. City of Milwaukee
E.D. Wis. · 2014 · confidence medium
Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 165 , 113 S.Ct. 1160 , 122 L.Ed.2d 517 (1993); McCormick v. City of Chicago, 230 F.3d 319, 323 (7th Cir.2000); Latuszkin v. City of Chicago, 250 F.3d 502, 504 (7th Cir.2001); Lanigan v. Village of East Hazel Crest, 110 F.3d 467, 480 (7th Cir.1997); Sledd v. Lindsay, 102 F.3d 282, 288-89 (7th Cir.1996); Jackson v. Marion Cty., 66 F.3d 151, 153-54 (7th Cir.1995)).
examined Cited as authority (rule) Hall v. City of Chicago (3×)
N.D. Ill. · 2013 · confidence medium
Latuszkin v. City of Chicago, 250 F.3d 502, 505 (7th Cir.2001).
discussed Cited as authority (rule) Ibarra v. City of Chicago
N.D. Ill. · 2011 · confidence medium
To establish an official policy or custom, Ibarra must show that his constitutional deprivation was caused “by (1) the enforcement of an express policy of the [City of Chicago], (2) a widespread practice that is so permanent and well settled as to constitute a custom or usage with the force of law, or (3) a person with final policymaking authority.” Wragg v. Village of Thornton, 604 F.3d 464, 467 (7th Cir.2010) (quoting Latuszkin v. City of Chi., 250 F.3d 502, 504 (7th Cir.2001)).
discussed Cited as authority (rule) Bladdick v. Pour
S.D. Ill. · 2011 · confidence medium
Additional considerations include whether the officer “was engaged in police activity, that he displayed any police power, or that he possessed any indicia of his office at the time.” Latuszkin v. City of Chicago, 250 F.3d 502, 506 (7th Cir.2001). 5 The Supreme Court opined that an action is taken under color of state law if it involves a “[mjisuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.” Estate of Sims, 506 F.3d at 515 (quoting National Collegiate Athletic Ass’n v. Tarkanian, 488 U.S. 179, 19…
Retrieving the full opinion text from the archive…
Nickolaj LATUSZKIN, Plaintiff-Appellant,
v.
CITY OF CHICAGO, Defendant-Appellee
00-3252.
Court of Appeals for the Seventh Circuit.
May 14, 2001.
250 F.3d 502
2001 WL 504212
Alan Karpel, argued, Lewis, Davidson & Hetherington, Chicago, IL, for Plaintiff-Appellant., Meera Werth, Office of Corp. Counsel, Appeals Div., Chicago, IL, Jane E. Notz, argued, Office of Corp. Counsel, Chicago, IL, for Defendant-Appellee.
Fairchild, Cudahy, Ripple.
Cited by 98 opinions  |  Published
FAIRCHILD, Circuit Judge.

Nickolaj Latuszkin sued the City of Chicago and Chicago police officer George Wilson after Wilson, while driving under the influence of alcohol, struck and killed Mr. Latuszkin’s wife, Sofia Latuszkin. At issue here is Mr. Latuszkin’s claim against the City under 42 U.S.C. see.1983, which the district court dismissed under Rule 12(b)(6) for failure to state a claim. While we disagree with the district court’s reasoning, we affirm the dismissal on other grounds.

According to Mr. Latuszkin’s complaint, Wilson and other Chicago police officers held a party in the parking lot of the 25th Police District during the early morning hours of June 13, 1998. During the party, the officers drank large amounts of alcohol, fired their weapons into the air and at passing trains, erected a bonfire fueled by “unlawfully appropriated property,” and intimidated and arrested members of the public who complained about the party. After leaving the party in his own car, an intoxicated Wilson, while driving in the City of Elmwood Park, Illinois, attempted to pass a vehicle on the right, drove onto a sidewalk, and struck Mrs. Latuszkin, killing her.

In December 1998 Mr. Latuszkin, as the administrator of his wife’s estate, filed a wrongful death and survival action against Wilson in Cook County Circuit Court. In June 1999 Mr. Latuszkin amended his complaint to add the City as a defendant on both state law claims. In the amended complaint Mr. Latuszkin alleged that the officers at the 25th District had held parties involving similar conduct on “several occasions,” and that the conduct of the officers at those parties was “open and notorious.” Mr. Latuszkin further alleged that the Chicago Police Department’s (CPD) rules prohibited the officers’ con[*504] duct, but that superior officers and supervisory personnel “consciously chose” to disregard the behavior. According to Mr. Latuszkin, the CPD, by allowing the illegal parties to continue, had shown “utter indifference to or conscious disregard of’ the safety of others and had led the officers to believe that they were above the law.

In February 2000 Mr. Latuszkin amended his complaint for a second time, adding a count seeking liability of the City under § 1983. In the second amended complaint Mr. Latuszkin adopted by reference his previous allegations and further alleged that the CPD had “deliberately failed or refused to satisfy” its duty to regulate its officers so as to prevent them from depriving people of their constitutional rights. Mr. Latuszkin asserted that this failure reflected a “policy, procedure, and practice of deliberate indifference” to such rights and was the foreseeable cause of Mrs. Latuszkin’s death. In response, the City removed the case to federal court.

In August 2000 the district court granted the City’s motion to dismiss Mr. La-tuszkin’s § 1983 claim. The district court read Mr. Latuszkin’s complaint as an attempt to allege a widespread practice of the City so permanent and well settled as to constitute a custom of the City. The court, citing City of Oklahoma City v. Tuttle, 471 U.S. 808, 820, 105 S.Ct. 2427, 85 L.Ed.2d 791 (1985), held that Mr. La-tuszkin failed to state a claim under § 1983 because he had not alleged that the practice caused more than a single constitutional violation. Therefore, the district court dismissed Mr. Latuszkin’s § 1983 claim and remanded his state law claims to state court.

On appeal Mr. Latuszkin argues that the district court construed his complaint too narrowly in finding that he alleged only one incident of unconstitutional conduct. He asserts that the municipal policy at issue is the City’s widespread practice of consciously disregarding unlawful activity by its police officers, not simply that the City is failing to stop the parties. Mr. Latuszkin asserts that the parties are evidence of the City’s policy. Mr. Latuszkin argues that these allegations sufficiently state a claim under the notice pleading standard for § 1983 municipal liability suits. See Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993).

This court reviews a 12(b)(6) dismissal de novo, taking all the well-pleaded allegations as true. See McTigue v. City of Chicago, 60 F.3d 381, 382 (7th Cir.1995). A plaintiffs complaint in a § 1983 municipal liability claim need not meet any heightened pleading standard, but rather must simply set forth sufficient allegations to place the court and defendants on notice of the gravamen of the complaint. See McCormick v. City of Chicago, 230 F.3d 319, 323-24 (7th Cir.2000). A dismissal is proper only if there is no set of facts consistent with the allegations in the complaint upon which relief could be granted. See Sledd v. Lindsay, 102 F.3d 282, 289 (7th Cir.1996).

A municipality may not be held liable under § 1983 on a respondeat superior theory. See Monell v. Department of Social Serv., 436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Therefore, Mr. Latuszkin needed to claim that his wife’s death was caused either by (1) the enforcement of an express policy of the City, (2) a widespread practice that is so permanent and well settled as to constitute a custom or usage with the force of law, or (3) a person with final policymaking authority. See McCormick, 230 F.3d at 324.

Mr. Latuszkin correctly argues on appeal that the district court erred in apply[*505] ing Tuttle to this case because Tuttle deals with the requirements for proving the existence of a custom. In Tuttle, the Supreme Court reversed a jury finding of municipal liability because the plaintiff had been allowed to prove the existence of a municipal policy of inadequate training from the one shooting incident at issue in the case. See Tuttle, 471 U.S. at 823-24, 105 S.Ct. 2427. Mr. Latuszkin’s case, however, is at the pleading stage where the court must assume that he can prove his allegations, and therefore the Tuttle standards for proof at trial do not apply here. See, e.g., McCormick, 230 F.3d at 326.

Mr. Latuszkin’s complaint must be dismissed, however, because he claimed no more than a policy or custom of the CPD. Nowhere did he claim a policy or custom of the City. A municipality may only be held liable where it is the moving force behind the injury because some policymaker made a deliberate choice to act or not act in a certain way. See, e.g., Board of the County Comm’r of Bryan County v. Brown, 520 U.S. 397, 404, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997); City of Canton v. Harris, 489 U.S. 378, 389, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989); Monell, 436 U.S. at 694, 98 S.Ct. 2018. The City correctly notes that the .complaint only alleges that the CPD and its supervisory officials turned a blind eye to the parties. The complaint does not allege any facts tending to show that City policymakers were aware of the behavior of the officers, or that the activity was so persistent and widespread that City policymakers should have known about the behavior. For example, the only specific individuals identified by Mr. Latuszkin as failing to stop the parties are CPD superior officers and supervisors at District 25. These individuals do not qualify as policymakers for the City. See Auriemma v. Rice, 957 F.2d 397 (7th Cir.1992) (holding that the Superintendent of Police is not a policymaker for the City). Furthermore, nothing in Mr. Latuszkin’s complaint suggests that a few parties held in a police department parking lot should have come to the attention of City policymakers. Without a link between the City and the alleged policy, no claim for municipal liability can survive.

Mr. Latuszkin’s complaint also fails to state a claim because his allegations fail to establish any violation of his wife’s constitutional rights. Mr. Latuszkin alleged that the City violated his wife’s right to substantive due process of law when Wilson struck her with his car. Governmental bodies, however, generally have no constitutional duty to protect individuals from the actions of private citizens. See DeShaney v. Winnebago County Dep’t of Soc. Serv., 489 U.S. 189, 195, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989). Therefore because Wilson was acting as a private citizen, rather than as a police officer, when he killed Mrs. Latuszkin, none of her federally protected rights were violated.

Mr. Latuszkin correctly asserts that a finding that Wilson acted under color of state law is not foreclosed by Wilson being off-duty at the time of the accident. See Robles v. City of Fort Wayne, 113 F.3d 732, 735 n. 2 (7th Cir.1997); Pickrel v. City of Springfield, 45 F.3d 1115, 1118-19 (7th Cir.1995) (reversing dismissal that was based on district court’s finding that officer was off-duty and therefore could not have acted under color of state law); Gibson, 910 F.2d at 1517; see Revene v. Charles County Com’rs, 882 F.2d 870, 873 (4th Cir.1989) (plaintiffs admission that police officer was off-duty, out of uniform, and driving his own vehicle does not necessarily establish that officer did not act under color of state law).

The important consideration, however, in determining whether an officer is acting under color of state law is the na[*506] ture of the specific acts performed. See Pickrel, 45 F.3d at 1118-19. The acts that Mr. Latuszkin alleges Wilson performed are not of the type that suggests that Wilson was acting under color of law. See, e.g., Huffman v. County of Los Angeles, 147 F.3d 1054, 1058 (9th Cir.1998) (drunk off-duty police officer who was not wearing uniform, using his own gun, and never identified himself as an officer, was not acting under color of state law when he shot plaintiff); Roe v. Humke, 128 F.3d 1213, 1216 (8th Cir.1997) (off-duty officer who assaulted minor not acting under color of state law where officer was not wearing gun or badge, driving his own vehicle, and not acting pursuant to his official duties). First, the complaint does not allege that Wilson acted under color of law. Second, Wilson was driving his own car while drunk and outside of Chicago. Furthermore, the complaint makes no allegation that Wilson was engaged in police activity, that he displayed any police power, or that he possessed any indicia of his office at the time of the accident. Because Wilson was engaged in entirely private behavior at the time of the accident, there is no claim for the violation of due process under DeSha-ney.

For the foregoing reasons we Affiem the dismissal of Mr. Latuszkin’s complaint for failure to state a claim.