What is the test for a municipality to be liable under Section 1983 of the Civil Code for failing to discipline or discipline a subordinate who committed an unconstitutional act?

MultiRegion, United States of America

The following excerpt is from Bernier v. Walker, No. 1:18-cv-01131-NONE-SKO (E.D. Cal. 2020):

subordinate's actions in order for the municipality to be liable. Sheehan, 743 F.3d at 1231. "The policymaker must have knowledge of the constitutional violation and actually approve of it," and a "mere failure to overrule a subordinate's actions, without more, is insufficient to support a 1983 claim." Lytle v. Carl, 382 F.3d 978, 987 (9th Cir. 2004). Similarly, the "mere failure to discipline [a subordinate] does not amount to ratification of [the subordinate's] allegedly unconstitutional actions." Sheehan, 743 F.3d at 1231.

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