Monell claim (New York) · Go Syfert
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Monell claim in New York

14 New York opinions name it 4 courts 1990–2025 11 in the last five years

The cases below were cited by New York 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 (15)

CaseFollowedCited
Monell v. New York City Dept. of Social Servs.green
scotus · 1978 · cited in 9 New York opinions naming this issue, 1990–2025
2 sentences

2023Plaintiff failed to state a Monell claim ( Monell v Department of Social Servs. of City of New York , 436 US 658 [1978]), as he did not allege facts showing that an official policy or custom caused the arresting officers to deprive him of his constitutional rights (CPLR 3211[a][7]; see De Lourdes Torres v Jones , 26 NY3d 742, 768 [2016]; Graham v City of New York , 279 AD2d 435, 436 [1st Dept 2001]).

2023Plaintiff failed to state a Monell claim ( Monell v Department of Social Servs. of City of New York , 436 US 658 [1978]), as he did not allege facts showing that an official policy or custom caused the arresting officers to deprive him of his constitutional rights (CPLR 3211[a][7]; see De Lourdes Torres v Jones , 26 NY3d 742, 768 [2016]; Graham v City of New York , 279 AD2d 435, 436 [1st Dept 2001]).

39
Maria De Lourdes Torres v. Police Officer Jonesgreen
ny · 2016 · cited in 3 New York opinions naming this issue, 2023–2025
2 sentences

2025Even on the merits, plaintiff's Monell claim fails as there is nothing in the complaint alleging that an official policy or custom deprived him of a constitutional right, or that there was a policy or custom that caused his purported injury ( see De Lourde Torres v Jones , 26 NY3d 742, 768-769 [2016]; see also Graham v City of New York , 279 AD2d 435 [1st Dept 2001]).

2023Plaintiff failed to state a Monell claim ( Monell v Department of Social Servs. of City of New York , 436 US 658 [1978]), as he did not allege facts showing that an official policy or custom caused the arresting officers to deprive him of his constitutional rights (CPLR 3211[a][7]; see De Lourdes Torres v Jones , 26 NY3d 742, 768 [2016]; Graham v City of New York , 279 AD2d 435, 436 [1st Dept 2001]).

33
Graham v. City of New Yorkgreen
nyappdiv · 2001 · cited in 3 New York opinions naming this issue, 2023–2025
2 sentences

2025Even on the merits, plaintiff's Monell claim fails as there is nothing in the complaint alleging that an official policy or custom deprived him of a constitutional right, or that there was a policy or custom that caused his purported injury ( see De Lourde Torres v Jones , 26 NY3d 742, 768-769 [2016]; see also Graham v City of New York , 279 AD2d 435 [1st Dept 2001]).

2023Plaintiff failed to state a Monell claim ( Monell v Department of Social Servs. of City of New York , 436 US 658 [1978]), as he did not allege facts showing that an official policy or custom caused the arresting officers to deprive him of his constitutional rights (CPLR 3211[a][7]; see De Lourdes Torres v Jones , 26 NY3d 742, 768 [2016]; Graham v City of New York , 279 AD2d 435, 436 [1st Dept 2001]).

33
Connick v. Thompsongreen
scotus · 2011 · cited in 2 New York opinions naming this issue, 2024–2024
2 sentences

2024Under Monell v New York City Dept of Social Servs. , 436 US 658 (1978) and its progeny, "[o]fficial municipal policy includes the decisions of a government's lawmakers, the acts of its policymaking officials, and practices so persistent and widespread as to practically have the force of law." Connick v Thompson , 563 US 51, 61 (2011).

2024Under Monell v New York City Dept of Social Servs. , 436 US 658 (1978) and its progeny, "[o]fficial municipal policy includes the decisions of a government's lawmakers, the acts of its policymaking officials, and practices so persistent and widespread as to practically have the force of law." Connick v Thompson , 563 US 51, 61 (2011).

22
Powell v. City of New Yorkgreen
nyappdiv · 2020 · cited in 2 New York opinions naming this issue, 2024–2024
2 sentences

2024See Powell v City of New York , 187 AD3d 554, 555 (1st Dept 2020).

2024See Powell v City of New York , 187 AD3d 554, 555 (1st Dept 2020).

22
Sifonte v. City of New Yorkgreen
nyappdiv · 2021 · cited in 2 New York opinions naming this issue, 2023–2023
2 sentences

2023The generalized allegations in the complaint that law enforcement mistreated members of minority groups were insufficient, and the articles submitted by plaintiff did not address any specific policy that resulted in the deprivation of his rights ( see Sifonte v City of New York , 194 AD3d 435, 436 [1st Dept 2021]; Pang Hung Leung v City of New York , 216 AD2d 10 , 11 [1st Dept 1995]).

2023The generalized allegations in the complaint that law enforcement mistreated members of minority groups were insufficient, and the articles submitted by plaintiff did not address any specific policy that resulted in the deprivation of his rights ( see Sifonte v City of New York , 194 AD3d 435, 436 [1st Dept 2021]; Pang Hung Leung v City of New York , 216 AD2d 10 , 11 [1st Dept 1995]).

22
City of Canton v. Harrisgreen
scotus · 1989 · cited in 2 New York opinions naming this issue, 2009–2016
2 sentences

2016Municipal liability for the violation of plaintiff’s constitutional rights may be imposed only by establishing “a direct causal link between a municipal policy or custom and the alleged constitutional deprivation” (Canton v Harris, 489 US 378, 385 [1989]; see Monell at 694 ).

2016Municipal liability for the violation of plaintiff’s constitutional rights may be imposed only by establishing “a direct causal link between a municipal policy or custom and the alleged constitutional deprivation” (Canton v Harris, 489 US 378, 385 [1989]; see Monell at 694 ).

22
Ashcroft v. Iqbalgreen
scotus · 2009 · cited in 3 New York opinions naming this issue, 2021–2025
2 sentences

2025The seventh cause of action is supported only by conclusory allegations and is dismissed for failure to sufficiently plead factual allegations to sustain a Monell claim (see Ashcroft v. Iqbal, 129 S. Ct. 1937 [2009]).

2025The seventh cause of action is supported only by conclusory allegations and is dismissed for failure to sufficiently plead factual allegations to sustain a Monell claim (see Ashcroft v. Iqbal, 129 S. Ct. 1937 [2009]).

13
Walter Vann v. The City of New York and the New York City Police Department, New York City Police Officer Raul Morrisongreen
ca2 · 1995 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025That failure, in itself, may suffice to establish a triable Monell claim for deliberate indifference to systemic abuse (Turpin v. Mailet, 619 F.2d 196, 202 [2d Cir. 1980]; Vann v. City of New York, 72 F.3d 1040, 1049 [2d Cir. 1995]).

11
Thomas Turpin v. Joseph Mailetgreen
ca2 · 1980 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025That failure, in itself, may suffice to establish a triable Monell claim for deliberate indifference to systemic abuse (Turpin v. Mailet, 619 F.2d 196, 202 [2d Cir. 1980]; Vann v. City of New York, 72 F.3d 1040, 1049 [2d Cir. 1995]).

11
Ferguson v. Dollar Rent a Car, Inc.green
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025Further, general negligence is not a cause of action under the circumstances, because specific torts such as false arrest and false imprisonment must be pleaded ( see Ferguson v Dollar Rent A Car, Inc. , 102 AD3d 600, 601 [1st Dept 2013], lv denied 21 NY3d 854 [2013]).

11
315-321 Realty Co. v. City of New Yorkgreen
nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2021–2021
2 sentences

2021On the face of her complaint, plaintiff has alleged in only conclusory terms that defendants had unidentified "unlawful and unconstitutional policies, practices, procedures, and customs which operated to deprive [her] of her constitutional rights." This does not suffice to state a Monell claim ( see Ashcroft v Iqbal , 556 US 662, 680-681 [2009]; 315-321 Realty Co. Assoc., LLC v City of New York , 33 AD3d 509, 509-510 [1st Dept 2006]).

2021On the face of her complaint, plaintiff has alleged in only conclusory terms that defendants had unidentified "unlawful and unconstitutional policies, practices, procedures, and customs which operated to deprive [her] of her constitutional rights." This does not suffice to state a Monell claim ( see Ashcroft v Iqbal , 556 US 662, 680-681 [2009]; 315-321 Realty Co. Assoc., LLC v City of New York , 33 AD3d 509, 509-510 [1st Dept 2006]).

11
Matter of Lynch v. New York City Civilian Complaint Review Bd.green
nyappdiv · 2020 · cited in 1 New York opinions naming this issue, 2021–2021
2 sentences

2021Plaintiff's reliance on a memorandum from the New York City Civilian Complaint Review Board (CCRB) and a supporting brief from the New York Civil Liberties Union ( see generally Matter of Lynch v New York City Civilian Complaint Review Bd. , 183 AD3d 512, 518 [1st Dept 2020], lv denied 36 NY3d 901 [2020]), which she submitted in opposing dismissal, are also unavailing.

2021Plaintiff's reliance on a memorandum from the New York City Civilian Complaint Review Board (CCRB) and a supporting brief from the New York Civil Liberties Union ( see generally Matter of Lynch v New York City Civilian Complaint Review Bd. , 183 AD3d 512, 518 [1st Dept 2020], lv denied 36 NY3d 901 [2020]), which she submitted in opposing dismissal, are also unavailing.

11
Pendleton v. City of New Yorkgreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2009–2009
2 sentences

2009Such failure, it is alleged, amounted to “deliberate indifference” to the rights of individuals coming in contact with those employees (Canton v Harris, 489 US 378, 388 [1989]; see also Pendleton v City of New York, 44 AD3d 733 [2007]; Johnson v Kings County Dist.

2009Such failure, it is alleged, amounted to “deliberate indifference” to the rights of individuals coming in contact with those employees (Canton v Harris, 489 US 378, 388 [1989]; see also Pendleton v City of New York, 44 AD3d 733 [2007]; Johnson v Kings County Dist.

11
Savage v. Snowgreen
nysd · 1983 · cited in 1 New York opinions naming this issue, 1990–1990
1 sentence

1990(Savage v Snow, 575 F Supp 828, 837 [SD NY 1983].) Therefore, since summary judgment is granted in favor of Rodriguez with regard to the issue of liability on the false arrest claim, he is barred from recovering on his Federal civil rights claim.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Pang Hung Leung v. City of New York green
nyappdiv · 1995
2 sentences

2023The generalized allegations in the complaint that law enforcement mistreated members of minority groups were insufficient, and the articles submitted by plaintiff did not address any specific policy that resulted in the deprivation of his rights ( see Sifonte v City of New York , 194 AD3d 435, 436 [1st Dept 2021]; Pang Hung Leung v City of New York , 216 AD2d 10 , 11 [1st Dept 1995]).

2023The generalized allegations in the complaint that law enforcement mistreated members of minority groups were insufficient, and the articles submitted by plaintiff did not address any specific policy that resulted in the deprivation of his rights ( see Sifonte v City of New York , 194 AD3d 435, 436 [1st Dept 2021]; Pang Hung Leung v City of New York , 216 AD2d 10 , 11 [1st Dept 1995]).

22023–2023
Vargas v. City of New York green
nyappdiv · 2013
2 sentences

2024Since the plaintiff was asserting a cause of action against the individual defendants in their individual capacities for an alleged constitutional violation, as opposed to a Monell claim, he was not required to allege facts satisfying that standard ( compare Williams v Rodriguez , 184 AD3d at 701 , with Vargas v City of New York , 105 AD3d at 837 ).

2024Since the plaintiff was asserting a cause of action against the individual defendants in their individual capacities for an alleged constitutional violation, as opposed to a Monell claim, he was not required to allege facts satisfying that standard ( compare Williams v Rodriguez , 184 AD3d at 701 , with Vargas v City of New York , 105 AD3d at 837 ).

12024–2024
Williams v. Rodriguez green
nyappdiv · 2020
2 sentences

2024Since the plaintiff was asserting a cause of action against the individual defendants in their individual capacities for an alleged constitutional violation, as opposed to a Monell claim, he was not required to allege facts satisfying that standard ( compare Williams v Rodriguez , 184 AD3d at 701 , with Vargas v City of New York , 105 AD3d at 837 ).

2024Since the plaintiff was asserting a cause of action against the individual defendants in their individual capacities for an alleged constitutional violation, as opposed to a Monell claim, he was not required to allege facts satisfying that standard ( compare Williams v Rodriguez , 184 AD3d at 701 , with Vargas v City of New York , 105 AD3d at 837 ).

12024–2024
Elie v. City of New York green
nyappdiv · 2012
2 sentences

2016With respect to the sixth COA, plaintiff has failed to allege sufficient facts to support a Monell claim against the defendants on a theory of respondeat superior (Elie v City of New York, 92 AD3d 716 [2d Dept 2012], citing Monell v New York City Dept. of Social Servs., 436 US 658, 691 [1978]).

2016With respect to the sixth COA, plaintiff has failed to allege sufficient facts to support a Monell claim against the defendants on a theory of respondeat superior (Elie v City of New York, 92 AD3d 716 [2d Dept 2012], citing Monell v New York City Dept. of Social Servs., 436 US 658, 691 [1978]).

12016–2016

Statutes the citing opinions construe

USC § 42u.s.c.1983 (12)

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 24 (2001–2025) NY 14 (1990–2025) TX 6 (2004–2024) NV 4 (2015–2020) ID 2 (2015–2016) AZ 2 (2010–2010) IL 2 (2024–2026) GA 2 (2012–2012)

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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