|
Briefs: Petitions for Certiorari/Review and Opposition
Los Angeles County v. Humphries (2010) 562 U.S. ____; 131 S.Ct. 447
12/03/2010
Authored by
Timothy T. Coates,
Alison M. Turner,
Lillie Hsu
Practice Area: Constitutional Law
United States Supreme Court
Tim Coates, Alison Turner and Lillie Hsu obtained a unanimous decision from the United States Supreme Court for the County of Los Angeles in Los Angeles County v. Humphries (2010) 562 U.S. ____; 131 S.Ct. 447. In a critical decision for cities and counties, the Supreme Court agreed with Los Angeles County that a municipality cannot not be subjected to declaratory or injunctive relief in a civil rights action under 42 U.S.C. Section 1983 unless the plaintiff establishes that an injury was inflicted as a result of a policy, custom or practice fairly attributable to the local public entity – the same causation standard that the Supreme Court applies to claims for damages. Mere involvement of a municipal employee is not enough: Relief is not appropriate unless the plaintiff points to some local statute, regulation or widespread practice that local policy makers should know will result in a constitutional violation.
[ Briefs ]
| 
