Can an elected official with final policy-making authority be liable for failing to provide adequate notice of an unconstitutional decision or action?

MultiRegion, United States of America

The following excerpt is from Salat v. Pirotto, No. 2:14-cv-01468-MCE-AC (E.D. Cal. 2015):

this type of liability may arise when "an official with final policy-making authority . . . ratifies a subordinate's unconstitutional decision or action and the basis for it." Id. (quoting Gillette v. Delmore, 979 F.2d 1342, 1346-47 (9th Cir. 1992)).

Regardless of the theory underlying plaintiff's claim, however, plaintiff must provide "sufficient allegations of underlying facts to give fair notice and to enable the opposing party to defend itself effectively." AE ex rel. Hernandez v. County of Tulare, 666 F.3d 631, 637 (9th Cir. 2012) (quoting Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011)).

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