Legal Opinion

Morro v. City of Birmingham

Court of Appeals for the Eleventh Circuit

Decided July 21, 1997No. 96-6445PublishedCited by 125 opinions

1Opinion of the Court

CARNES, Circuit Judge:

Municipal liability under 42 U.S.C. § 1983 may be premised upon a single illegal act by a municipal officer only when the challenged act may fairly be said to represent official policy, such as when that municipal officer possesses final policymaking authority over the relevant subject matter. The central issue in this appeal is whether the City of Birmingham’s Police Chief is a final policymaker with respect to disciplinary suspension decisions at the City’s police department. Had the City not waived the issue, we would be inclined to hold that the Chief is not a final…

2Cases cited28 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
  3. City of St. Louis v. PraprotnikSupreme Court of the United States · 1988
  4. Jett v. Dallas Independent School DistrictSupreme Court of the United States · 1989
  5. George Mandel v. John Doe (Name Unknown, an Escambia County Prison Employee), Escambia County, FloridaCourt of Appeals for the Eleventh Circuit · 1989

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3Cited by125 opinions

  1. John D. Chapman v. Ai TransportCourt of Appeals for the Eleventh Circuit · 2000
  2. Goldsmith v. Bagby Elevator Co., Inc.Court of Appeals for the Eleventh Circuit · 2008
  3. Jacqueline Lewis v. City of Union City, GeorgiaCourt of Appeals for the Eleventh Circuit · 2019
  4. United States v. Wyatt HendersonCourt of Appeals for the Eleventh Circuit · 2005
  5. Michael J. OLMSTED, Plaintiff-Appellant, v. TACO BELL CORPORATION, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1998

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