United States v. Town of Colorado City — 935 F.3d 804 (2019) · United States Court of Appeals for the Ninth Circuit · 2019

United States Court of Appeals for the Ninth Circuit · 2019-08-26

42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)

Original case on neochart.com

Case and law context

42 U.S.C. § 1983

Role: comparator; posture: civil; United States sued two towns under 34 U.S.C. § 12601 for a pattern or practice of unconstitutional policing; after an advisory jury verdict the district court found the towns liable and granted injunctive relief; CA9 affirmed, holding that § 12601, unlike § 1983 under Monell, allows respondeat superior liability; result: not-decided; claim:

Uncertainty

opinion: the five footnotes are appended after "AFFIRMED." (@29577..31326) with their numbers stripped; they belong to the same unanimous panel opinion, so one span is declared.

Misfit

None recorded

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 20

42 U.S.C. § 1983
CaseSuable "person" (natural person in individual capacity, official in official capacity for prospective relief, or municipality; excludes States)Action taken "under color of" state, territorial, or D.C. lawDeprivation of a right, privilege, or immunity secured by the Constitution and lawsPersonal involvement / causal connection ("subjects, or causes to be subjected")Damages remedy (legacy CASE id; not a prerequisite for prospective relief)Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan)
United States v. Town of Colorado City — 935 F.3d 804 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 7–12 of 20

42 U.S.C. § 1983
CaseCommon-law absolute immunity (judicial, prosecutorial, legislative, witness functions)Eleventh Amendment state sovereign immunity bar (official-capacity damages / retrospective relief)Preiser / Heck v. Humphrey favorable-termination and habeas-exclusivity barBorrowed state personal-injury statute of limitations (42 U.S.C. § 1988; Wilson v. Garcia; Owens v. Okure)Issue preclusion / collateral estoppel from prior state criminal or civil judgment (Allen v. McCurry)Judicial standing prerequisite, separate from damages remedy
United States v. Town of Colorado City — 935 F.3d 804 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 13–18 of 20

42 U.S.C. § 1983
CaseStatutory bar on injunctive relief against a judicial officer acting in a judicial capacity (1996 amendment)Municipal policy or custom as moving force (Monell v. Department of Social Services)District of Columbia exclusive Act of Congress inclusion clause (1979 amendment)Rejected extra element: separate proof of "abuse of governmental power" (Collins v. City of Harker Heights)Federal action / Fifth Amendment claim (outside § 1983 state-law scope)Collateral-order appellate jurisdiction over interlocutory qualified-immunity denials (Mitchell v. Forsyth; Johnson v. Jones)
United States v. Town of Colorado City — 935 F.3d 804 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed
○ not reached · basis not recordedNot counted: comparator/merits
· not addressed· not addressed· not addressed· not addressed

Elements 19–20 of 20

42 U.S.C. § 1983
CaseAppellate preservation / forfeiture of issue not raised in district courtSection 1983 malicious prosecution claim (Fourth Amendment / procedural due process)
United States v. Town of Colorado City — 935 F.3d 804 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
United States v. Town of Colorado City — 935 F.3d 804 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 — not reached (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Municipal policy or custom as moving force (Monell v. Department of Social Services)not_reached
Excluded from merits counts
comparator / merits

party: Town of Colorado City (appellant; Hildale City withdrew its appeal); count: 34 U.S.C. § 12601 pattern-or-practice claim brought by the United States; theory: Monell policy-or-custom requirement of § 1983 used as the contrast for respondeat superior liability under § 12601; subject: party=Town of Colorado City (appellant; Hildale City withdrew its appeal); count=34 U.S.C. § 12601 pattern-or-practice claim brought by the United States; theory=Monell policy-or-custom requirement of § 1983 used as the contrast for respondeat superior liability under § 12601

No § 1983 claim was before the court. Monell's policy-or-custom requirement is described only as the yardstick against which § 12601 is construed: the text of § 1983 ("custom", "causes to be subjected") is what supports Monell, and § 12601 lacks both phrases.
_comparator
Instead, to establish municipal liability, a plaintiff must show that a local government's "policy or custom" led to the plaintiff's injury.
Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0804-01; Unicode character offsets [9027:9167] (end exclusive); SHA-256 c8c8a082e238f939ada99fe6c822fed1224a701feedd83954fbc385779bf849a.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

That difference is important because, by including "custom" in § 1983, Congress expressly contemplated imposing liability on actors who violated constitutional rights under an official policy.
Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0804-01; Unicode character offsets [11190:11382] (end exclusive); SHA-256 c8c8a082e238f939ada99fe6c822fed1224a701feedd83954fbc385779bf849a.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

We likewise decline to extend Monell 's holding to claims pursuant to § 12601.
Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0804-01; Unicode character offsets [10774:10852] (end exclusive); SHA-256 c8c8a082e238f939ada99fe6c822fed1224a701feedd83954fbc385779bf849a.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case

interpretation

Instead, to establish municipal liability, a plaintiff must show that a local government's "policy or custom" led to the plaintiff's injury. Monell , 436 U.

United States v. Town of Colorado City — 935 F.3d 804 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))

Instead, to establish municipal liability, a plaintiff must show that a local government's "policy or custom" led to the plaintiff's injury. Monell , 436 U.
Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0804-01; Unicode character offsets [9027:9183] (end exclusive); SHA-256 c8c8a082e238f939ada99fe6c822fed1224a701feedd83954fbc385779bf849a.

Satisfied by (1) an express municipal policy, (2) a widespread practice/custom so permanent and well settled as to have the force of law, (3) an act of an official with final policymaking authority (Pembaur; Praprotnik), or (4) deliberate indifference in failure to train/supervise (`policy.failure-to-train`).