Can a local government be held liable pursuant to Section 1983 of the Civil Code?

MultiRegion, United States of America

The following excerpt is from Vang v. Lopey, No. 2:16-cv-2172-JAM-CMK (E.D. Cal. 2017):

A local government cannot be held liable pursuant to 1983 under a theory of "respondeat superior." Christie v. Iopa, 176 F.3d 1231, 1234-35 (9th Cir. 1999). Instead, municipalities are liable only when action pursuant to official municipal policy causes a constitutional violation. Id. at 1235. The "official policy" requirement "distinguishe[s] acts of the municipality from acts of employees of the municipality," and thereby limits liability to actions for which the municipality is actually responsible. Id. (emphasis in original).

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