Section 1983 Litigation

Seventh Circuit Holds DOJ Report Admissible on Municipal Liability Claim

, New York Law Journal


Section 1983 Litigation columnist Martin A. Schwartz writes that a municipality sued under §1983 may not be held liable solely because it employed a constitutional wrongdoer. Rather, the plaintiff must demonstrate that the violation of her constitutional rights was attributable to the enforcement of a municipal policy or practice. Recently, the admissibility of U.S. Department of Justice reports on the issue of municipal liability has been central to several cases.

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