section 1983 held liable (North Carolina) · Go Syfert
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section 1983 held liable in North Carolina

10 North Carolina opinions name it 2 courts 1995–2018 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Polk County v. Dodsongreen
scotus · 1981 · cited in 2 North Carolina opinions naming this issue, 1997–2000
2 sentences

2000For a governmental entity to be liable under section 1983, the “official policy must be ‘the moving force of the constitutional violation.’ ” Polk County v. Dodson, 454 U.S. 312, 326 , 70 L.

2000For a governmental entity to be liable under section 1983, the “official policy must be ‘the moving force of the constitutional violation.’ ” Polk County v. Dodson, 454 U.S. 312, 326 , 70 L.

22
Monell v. New York City Dept. of Social Servs.green
scotus · 1978 · cited in 5 North Carolina opinions naming this issue, 1997–2018
2 sentences

2015Entity Liability Claim Plaintiff relies on Monell v. Dep't of Social Servs. of N.Y., 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1977) to support his contention that NCCU and the State are liable under section 1983 due to NCCU's "constitutionally inadequate training and constitutionally inadequate Professor Emeritus status approval procedures." In Monell , a class of female employees under the rubric of section 1983 sued the Department of Social Services and the Board of Education of the city of New York, which "had as a matter of official policy compelled pregnant employees to take unpaid

2015Entity Liability Claim Plaintiff relies on Monell v. Dep't of Social Servs. of N.Y., 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1977) to support his contention that NCCU and the State are liable under section 1983 due to NCCU's "constitutionally inadequate training and constitutionally inadequate Professor Emeritus status approval procedures." In Monell , a class of female employees under the rubric of section 1983 sued the Department of Social Services and the Board of Education of the city of New York, which "had as a matter of official policy compelled pregnant employees to take unpaid

15
Pembaur v. City of Cincinnatired
scotus · 1986 · cited in 1 North Carolina opinions naming this issue, 1995–1995
2 sentences

1995Pembaur v. Cincinnati, 475 U.S. 469, 477 , 89 L.

1995Pembaur v. Cincinnati, 475 U.S. 469, 477 , 89 L.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
McMillian v. Monroe County green
scotus · 1997
2 sentences

2005In McMillian , the Supreme Court held that while state law determines whether the acts of a sheriff can render a county liable under § 1983, "[t]his is not to say that state law can answer the question for us by, for example, simply labeling as a state official an official who clearly makes county policy." Id. at 786 , 117 S.Ct. at 1737 , 138 L.Ed.2d at 8 .

2005In McMillian , the Supreme Court held that while state law determines whether the acts of a sheriff can render a county liable under § 1983, "[t]his is not to say that state law can answer the question for us by, for example, simply labeling as a state official an official who clearly makes county policy." Id. at 786 , 117 S.Ct. at 1737 , 138 L.Ed.2d at 8 .

22005–2005
Monroe v. Pape red
scotus · 1961
2 sentences

2018In the first part of the opinion, we held that local government units could *303 be made liable under § 1983 for deprivations of federal rights, overruling a contrary holding in Monroe v. Pape , 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961).

2018In the first part of the opinion, we held that local government units could *303 be made liable under § 1983 for deprivations of federal rights, overruling a contrary holding in Monroe v. Pape , 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961).

12018–2018
Burton v. City of Durham green
ncctapp · 1995
2 sentences

2000App. at 685 , 457 S.E.2d at 334 , summary judgment was not proper for the City on the basis that no constitutional violation occurred as we have reinstated plaintiff’s claims against Acker.

2000Further, while a “municipality cannot be held liable under section 1983 unless action pursuant to official municipal policy [or custom] caused a constitutional tort,” Burton, 118 N.C.

12000–2000
Hawkins v. State green
ncctapp · 1995
1 sentence

1998Id. at 625, 453 S.E.2d at 239 .

11998–1998

Statutes the citing opinions construe

USC § 42u.s.c.1983 (10) NC § N.C. Gen. Stat. § 1A-1 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 67 (1980–2026) TX 65 (1983–2025) NY 61 (1977–2026) OH 31 (1990–2022) PA 29 (1988–2025) IL 26 (1976–2026) MA 26 (1981–2025) NJ 26 (1986–2026) WA 24 (1984–2025) MI 22 (1965–2022) GA 20 (1982–2015) CO 17 (1976–2026) MS 15 (1992–2026) LA 14 (1987–2023) FL 13 (1985–2017) AZ 12 (1994–2018) AL 10 (1987–2016) NE 10 (2001–2022) NC 10 (1995–2018) TN 10 (1994–2024) MD 9 (1985–2020) ID 8 (1982–2013) IA 8 (1983–2019) ME 8 (1995–2022) AR 8 (1998–2026) AK 8 (1977–2021) MO 8 (1981–2007) DC 7 (1991–2023) MT 7 (1991–2022) CT 6 (1990–2026) WV 6 (1996–2023) MN 6 (1981–2014) OK 5 (1994–2010) NM 5 (1998–2023) OR 5 (1987–2015) IN 4 (1982–2011) DE 4 (2017–2026) VT 4 (1996–2026) SD 4 (1993–2021) UT 4 (2010–2024) SC 4 (1991–2020) NV 4 (1995–2020) VA 3 (1989–2011) WI 3 (1995–2023) RI 3 (1989–2001) WY 2 (1983–2018) ND 2 (2006–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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