section 1983 held liable in Nebraska

2022A local government cannot be held liable under § 1983 solely because of injury inflicted by its employees or agents; rather, it can be liable only when the “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.” Monell v. New York City Dept. of Social Services, 436 U.S. 658, 694 , 98 S. Ct. 2018 , 56 L.

2022A local government cannot be held liable under § 1983 solely because of injury inflicted by its employees or agents; rather, it can be liable only when the “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.” Monell v. New York City Dept. of Social Services, 436 U.S. 658, 694 , 98 S. Ct. 2018 , 56 L.

2018The plaintiff must establish that the supervisor personally participated in the unconstitutional conduct or was otherwise the moving force of the violation by authorizing, approving, or knowingly acquiescing in the unconstitutional conduct. - 599 - Nebraska Court of A ppeals A dvance Sheets 25 Nebraska A ppellate R eports D.M. v. STATE Cite as 25 Neb.

2017Ed. 2d 301 (1991). 35 Id. - 899 - Nebraska Supreme Court A dvance Sheets 297 Nebraska R eports GILLPATRICK v. SABATKA-RINE Cite as 297 Neb. 880 sued in their individual capacities can be personally liable under § 1983 for an action taken under color of state law that deprived the plaintiff of a federal right.36 A victory in a per- sonal capacity action is a victory against the individual defend­ ant, rather than against the entity that employs him.37 [16-18] These holdings rest on the Supreme Court’s 11th Amendment jurisprudence.

2017Waldron argues that “[d]espite the County’s official written policies, it is reasonable to infer that Roark’s beliefs are premised on the County’s unofficial custom of permitting officers to engage in such actions . . . .”66 We disagree. [20-23] Municipalities can be sued directly under § 1983 for monetary, declaratory, or injunctive relief where the action alleged to be unconstitutional implements or executes a policy statement or custom of the municipality.67 However, a munici- pality cannot be held liable solely because it employs a tort- feasor.68 In other words, “a municipality cannot be

2017Ed. 2d 301 (1991). 35 Id. - 899 - Nebraska Supreme Court A dvance Sheets 297 Nebraska R eports GILLPATRICK v. SABATKA-RINE Cite as 297 Neb. 880 sued in their individual capacities can be personally liable under § 1983 for an action taken under color of state law that deprived the plaintiff of a federal right.36 A victory in a per- sonal capacity action is a victory against the individual defend­ ant, rather than against the entity that employs him.37 [16-18] These holdings rest on the Supreme Court’s 11th Amendment jurisprudence.

2017Ed. 2d 611 (1978). 68 Id. 69 Id., 436 U.S. at 691 . 70 Id., 436 U.S. at 694 . - 48 - Nebraska Supreme Court A dvance Sheets 298 Nebraska R eports WALDRON v. ROARK Cite as 298 Neb. 26 c­ onjecture, or a choice of possibilities do not create material issues of fact for purposes of summary judgment.71 Waldron contends that the deputies’ acts of “forcing their way into a home without showing a badge, refusing to show either [a] badge or a warrant despite repeated requests, and then subjecting the resident to physical force despite the knowledge that she had an injury” amount to official policy by

2014A supervisor is not responsible under a § 1983 stigma-plus claim for unauthorized rumors circulating among employees.30 The U.S. Supreme Court has made clear that there is no respondeat superior liability under § 1983.31 The standard by which a supervisor is held liable under § 1983 in his or her individual capacity for the actions of a subordi- nate is extremely rigorous.32 The plaintiff must establish that the supervisor personally participated in the unconstitutional conduct or was otherwise the moving force of the violation 28 See, e.g., Board of Regents v. Roth, supra note 13 ; Ridpath v.

2006Rush v. Wilder, 263 Neb. 910 , 644 N.W.2d 151 (2002).

2006Rush v. Wilder, 263 Neb. 910 , 644 N.W.2d 151 (2002).

2002Claypool v. Hibberd, 261 Neb. 818 , 626 N.W.2d 539 (2001), citing Monell v. New York City Dept. of Social Services, 436 U.S. 658 , 98 S. Ct. 2018 , 56 L.

2002Claypool v. Hibberd, 261 Neb. 818 , 626 N.W.2d 539 (2001), citing Monell v. New York City Dept. of Social Services, 436 U.S. 658 , 98 S. Ct. 2018 , 56 L.