Municipal Liability
Reading Assignment:
Chapter 5 (Governmental Liability) in the Constitutional Torts textbook. The cases that I have attached to this module are also included in this chapter, so you can read them in the chapter. I attached them to the module for convenience only.
Assignment:
After you complete your readings this week, prepare a 4-5 page paper in proper APA format, discussing municipal liability.
Your paper must address the following topics related to 42 U.S. Code § 1983 –
1. What is “respondent superior” liability? How do the federal courts treat this issue when it arises in the context of municipal liability – in other words, can a municipality be held liable under this type of liability? What does the phrase “subjects, or causes to be subjected” from 42 U.S. Code § 1983 mean as it relates to the concept of “respondent superior”?
2. What elements must be established/proven in order for a plaintiff to hold a municipality liable for the constitutional violations of its employees? What steps can a law enforcement agency take to avoid/limit/minimize this liability?
How can properly written policies and procedures contribute to this effort?
Of course, you are free to discuss the facts and legal holdings of any of the assigned cases this week to complete this assignment and may use any reputable academic/journal articles that examine this issue.
