green
Positive treatment
5.7 score
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001
2013
2026
Top citers, strongest first. 13 distinct citers.
How cited ↗
examined
Cited as authority (rule)
Lipton v. County of Orange, NY
(3×)
also: Cited "see, e.g."
Id. at 57-58; see also Iannillo v. County of Orange, 187 F.Supp.2d 170, 187 (S.D.N.Y.2002) (Conner, J.) (denying municipal defendants’ motion for summary judgment and concluding that it was likely that a social services commissioner had final policymaking authority, but that “this Court does not have sufficient evidence to *455 make such a determination as a matter of law” because “[n]either party has submitted any evidence illuminating the extent to which the County delegated to defendants authority to make personnel decisions for the Department.”).
discussed
Cited as authority (rule)
Gavlak v. Town of Somers
While it is clear that a municipality may not be held liable on a theory of respondeat superior based on a section 1983 claim, Jeffes v. Barnes, 208 F.3d 49, 56 (2d Cir.), cert. denied, 531 U.S. 813 , 121 S.Ct. 47 , 148 L.Ed.2d 16 (2000), “[i]t may, however, be held liable if the conduct that caused the unconstitutional deprivation was undertaken pursuant to a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers, or pursuant to governmental ‘custom’ even though such a custom has not received formal approval through the body’s…
discussed
Cited "see"
Harrison v. Kennedy
Ed. 2d 611 (1978); see Jeffes v. Barnes, 208 F.3d 49, 57 (2d Cir. 2000) (holding that a municipality “cannot properly be held liable . . . unless the injury was inflicted by [its] lawmakers or by those whose edicts or acts may fairly be said to represent official policy.”), cert. denied sub nom., 531 U.S. 813 , 121 S. Ct. 47 (2000).
discussed
Cited "see"
Eldridge v. Rochester City School District
(2×)
“An official has final authority if his decisions, at the time they are made, for practical or legal reasons constitute the municipality’s final decisions.” Id.; see Jeffes v. Barnes, 208 F.3d 49, 57 (2d Cir.) (“[o]nly those municipal officials who have final policymaking authority may by their actions subject the government to § 1983 liability”) (internal quotation omitted), cert. denied, 531 U.S. 813 , 121 S.Ct. 47 , 148 L.Ed.2d 16 (2000).
discussed
Cited "see"
United States v. Allegheny Ludlum Corp.
(2×)
See United States v. Smithfield Foods, Inc., 191 F.3d 516, 528-29 (4th Cir.1999), cert. denied, 531 U.S. 813 , 121 S.Ct. 46 , 148 L.Ed.2d 16 (2000).
cited
Cited "see"
Purdy v. Town of Greenburgh
See Id. at 57-58. *871 Plaintiff does not allege, and the record does not permit, a finding that the hiring decision was made pursuant to official policy or custom.
discussed
Cited "see"
Cabrera Espinal v. Royal Caribbean Cruises, Ltd.
(2×)
See Frederick v. Kirby Tankships, Inc., 205 F.3d 1277, 1291 (11th Cir.2000) (holding that where a CBA fixes a maintenance rate, the term should be enforced), cert. denied, 531 U.S. 813 , 121 S.Ct. 46 , 148 L.Ed.2d 16 (2000). “[T]he broad labor policies which undergird federal labor law, as well as the nature of the collective bargaining process, require adherence to the CBA.” Id.; see also Gardiner v. Sea-Land Serv., Inc., 786 F.2d 943, 948 (9th Cir.1986).
discussed
Cited "see"
Cool Wind Ventilation Corp. v. Sheet Metal Workers International Ass'n, Local Union No. 28
See Richardson v. Kruchko & Fries, 966 F.2d 153, 156-57 (4th Cir.1992); Lumber Production Industrial Workers Local 1054 v. West Coast Industrial Relations Association, Inc., 775 F.2d 1042, 1049 (9th Cir.1985); accord Volentine v. Bechtel, Inc., 27 F.Supp.2d 728, 735-36 (E.D.Tex.1998), aff'd mem., 209 F.3d 719 (5th Cir.), cert. denied, - U.S.-, 121 S.Ct. 46 , 148 L.Ed.2d 16 (2000).
discussed
Cited "see, e.g."
Cartelli v. United States of America
Monell, 436 U.S. at 690–94, 98 S. Ct. 2018 ; see also Jeffes v. Barnes, 208 F.3d 49, 57 (2d Cir. 2000) (noting that a municipality “cannot properly be held liable . . . unless the injury was inflicted by [its] lawmakers or by those whose edicts or acts may fairly be said to represent official policy.”), cert. denied, 531 U.S. 813 , 121 S. Ct. 47 (2000); Brown v. Nassau Cty., No. 05-CV-872, 2005 WL 1124535 , at *3 (E.D.N.Y.
discussed
Cited "see, e.g."
Stratakos v. Nassau County
Monell, 436 U.S. at 690–94, 98 S. Ct. 2018 ; see also Jeffes v. Barnes, 208 F.3d 49, 57 (2d Cir. 2000) (noting that a municipality “cannot properly be held liable . . . unless the injury was inflicted by [its] lawmakers or by those whose edicts or acts may fairly be said to represent official policy.”), cert. denied, 531 U.S. 813 , 121 S. Ct. 47 (2000); Brown v. Nassau Cty., No. 05-CV-872, 2005 WL 1124535 , at *3 (E.D.N.Y.
discussed
Cited "see, e.g."
Abdur-Raqiyb v. ERIE COUNTY MEDICAL CENTER
(2×)
Servs., 436 U.S. 658, 690-94 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978); see also Jeffes v. Barnes, 208 F.3d 49, 57 (2d Cir.2000) (noting that a municipality “cannot properly be *304 held liable ... unless the injury was inflicted by [its] lawmakers or by those whose edicts or acts may fairly be said to represent official policy”) (internal quotation marks omitted), cert. denied, 531 U.S. 813 , 121 S.Ct. 47 , 148 L.Ed.2d 16 (2000); Brown v. Nassau County, No. 05 CV 872, 2005 WL 1124535 , at *3 (E.D.N.Y.
discussed
Cited "see, e.g."
Garcia v. Immigration & Naturalization Service
(2×)
See Kalaw, 133 F.3d at 1150 ; see also Westover v. Reno, 202 F.3d 475, 481 (1st Cir.) (“Since the IJ denied Westover’s application for adjustment of status as a matter of discretion, there was no need to adjudicate the form 1-601 .”), cert. denied, 531 U.S. 813 , 121 S.Ct. 46 , 148 L.Ed.2d 16 (2000).
Retrieving the full opinion text from the archive…
Smithfield Foods, Inc.
v.
United States
v.
United States
No. 99-1760.
Supreme Court of the United States.
Oct 2, 2000.
Published
C. A. 4th Cir. Certiorari denied.