Legal Opinion

Henry J. Bennett, Jr. v. City of Slidell, Gerry Hinton, B.E. McDaniel Nunzio Giordano, and Patrick J. Berrigan

Court of Appeals for the Fifth Circuit

Decided July 9, 1984No. 81-3236PublishedCited by 259 opinions

ON PETITION FOR REHEARING Before CLARK, Chief Judge, BROWN, GEE, GARZA, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGIN-BOTHAM, Circuit Judges.

1Per curiam

This court unanimously agrees upon the following statement:

A municipality is liable under § 1983 for a deprivation of rights protected by the Constitution or federal laws that is inflicted pursuant to official policy.

Official policy is:

1. A policy statement, ordinance, regulation, or decision that is officially adopted and promulgated by the municipality’s lawmaking officers or by an official to whom the lawmakers have delegated policy-making authority; or

2. A persistent, widespread practice of city officials or employees, which, although not authorized by officially adopted and promulgated…

2Cases cited3 opinions

  1. Henry J. Bennett, Jr. v. City of Slidell, Gerry Hinton, B.E. McDaniel Nunzio Giordano, and Patrick J. BerriganCourt of Appeals for the Fifth Circuit · 1984
  2. Familias Unidas, an Unincorporated Association, and Irma Torrez v. Dolph BriscoeCourt of Appeals for the Fifth Circuit · 1980
  3. Deborah J. Schneider, Cross-Appellant v. The City of Atlanta (Bureau of Corrections), and J. D. Hudson, Ind., Etc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1980

3Cited by259 opinions

  1. Deville v. MarcantelCourt of Appeals for the Fifth Circuit · 2009
  2. Josiah Haynesworth and Fred Hancock v. Frank P. Miller, Chief, Law Enforcement Section, Office of the Corporation Counsel, (Two Cases)Court of Appeals for the D.C. Circuit · 1987
  3. Evans v. The City of HoustonCourt of Appeals for the Fifth Circuit · 2001
  4. Bradley Jay Depew v. City of St. Marys, Georgia, Charles Earl Fowler v. City of St. Marys, GeorgiaCourt of Appeals for the Eleventh Circuit · 1986
  5. Gilmere v. City of AtlantaCourt of Appeals for the Eleventh Circuit · 1985

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