September 2021 - Parks & Recreation - 38

LAW REVIEW
The court, however, acknowledged
the City could still be held
liable " under a narrow exception
to the general rule wherein municipal
liability may be imposed
for a single decision by municipal
policymakers under appropriate
circumstances. " Plaintiff had argued
this exception applied to
the city manager because he was
a " final policymaker " who " supervised
all city employees. " The
federal appeals court rejected this
argument.
As noted by the federal appeals
In the opinion of the federal appeals
court, Plaintiff had failed to identify the
required policy, custom or practice to
establish the City's liability for causing a
violation of her First Amendment rights.
Municipal Liability
As characterized by the federal appeals
court, the initial issue on appeal
was whether the city was entitled
to summary judgment based on
" the absence of municipal liability. "
As cited by the appeals court,
municipal liability under Section
1983 of federal civil rights law
" attaches only when municipal
'official policy' causes a constitutional
violation, " which includes
the following:
A plaintiff must identify either
an officially promulgated municipal
policy or an unofficial custom
or practice of the municipality
shown through the repeated acts
of a final policymaker for the
municipality.
38 Parks & Recreation | SEP T EMBER 2 0 2 1
On appeal, the City had argued
that it was entitled to summary
judgment on the federal claim because
" Plaintiff did not identify
an official policy or an unwritten
custom or practice that caused the
alleged constitutional violations. "
The federal appeals court agreed.
In the opinion of the appeals
court, Plaintiff had failed to identify
the required policy, custom
or practice to establish the City's
liability for causing a violation of
her First Amendment rights:
Plaintiff did not identify an
officially promulgated city policy
that deprived city employees
of their associational rights or
that punished them for engaging
in protected activity. Nor did
she offer any examples of city
officials repeatedly
depriving
employees of their First Amendment
rights or repeatedly retaliating
against employees for exercising
those rights.
| PARK S ANDRECRE AT ION . OR G
court, " a municipal official does
not have final policymaking authority
over a particular subject
matter when that official's decisions
are subject to meaningful
administrative review. " In this
particular case, the court found
Plaintiff had failed to " develop
the record with evidence that employment
decisions by the city
manager of Carrollton are insulated
from
meaningful
administrative
review. " Since the city
manager was indeed subject to
administrative review, the appeals
court concluded the city manager
did not have final policymaking
authority. The appeals court,
therefore, rejected Plaintiff's
claim that Section 1983 municipal
liability could be based on a
single act by the city manager.
Officials Qualified
Immunity
Separate and apart from the
municipal liability claim, the
individual city officials had argued
they too were entitled to summary
judgment
based
on
" qualified
the
immunity. " As defined by
federal appeals court, qualified

September 2021 - Parks & Recreation

Table of Contents for the Digital Edition of September 2021 - Parks & Recreation

September 2021 - Parks & Recreation - Intro
September 2021 - Parks & Recreation - Cover1
September 2021 - Parks & Recreation - Cover2
September 2021 - Parks & Recreation - 1
September 2021 - Parks & Recreation - 2
September 2021 - Parks & Recreation - 3
September 2021 - Parks & Recreation - 4
September 2021 - Parks & Recreation - 5
September 2021 - Parks & Recreation - 6
September 2021 - Parks & Recreation - 6a
September 2021 - Parks & Recreation - 6b
September 2021 - Parks & Recreation - 7
September 2021 - Parks & Recreation - 8
September 2021 - Parks & Recreation - 9
September 2021 - Parks & Recreation - 10
September 2021 - Parks & Recreation - 11
September 2021 - Parks & Recreation - 12
September 2021 - Parks & Recreation - 13
September 2021 - Parks & Recreation - 14
September 2021 - Parks & Recreation - 15
September 2021 - Parks & Recreation - 16
September 2021 - Parks & Recreation - 17
September 2021 - Parks & Recreation - 18
September 2021 - Parks & Recreation - 19
September 2021 - Parks & Recreation - 20
September 2021 - Parks & Recreation - 21
September 2021 - Parks & Recreation - 22
September 2021 - Parks & Recreation - 23
September 2021 - Parks & Recreation - 24
September 2021 - Parks & Recreation - 25
September 2021 - Parks & Recreation - 26
September 2021 - Parks & Recreation - 27
September 2021 - Parks & Recreation - 28
September 2021 - Parks & Recreation - 29
September 2021 - Parks & Recreation - 30
September 2021 - Parks & Recreation - 31
September 2021 - Parks & Recreation - 32
September 2021 - Parks & Recreation - 33
September 2021 - Parks & Recreation - 34
September 2021 - Parks & Recreation - 35
September 2021 - Parks & Recreation - 36
September 2021 - Parks & Recreation - 37
September 2021 - Parks & Recreation - 38
September 2021 - Parks & Recreation - 39
September 2021 - Parks & Recreation - 40
September 2021 - Parks & Recreation - 41
September 2021 - Parks & Recreation - 42
September 2021 - Parks & Recreation - 43
September 2021 - Parks & Recreation - 44
September 2021 - Parks & Recreation - 45
September 2021 - Parks & Recreation - 46
September 2021 - Parks & Recreation - 47
September 2021 - Parks & Recreation - 48
September 2021 - Parks & Recreation - 49
September 2021 - Parks & Recreation - 50
September 2021 - Parks & Recreation - 51
September 2021 - Parks & Recreation - 52
September 2021 - Parks & Recreation - 53
September 2021 - Parks & Recreation - 54
September 2021 - Parks & Recreation - 55
September 2021 - Parks & Recreation - 56
September 2021 - Parks & Recreation - 57
September 2021 - Parks & Recreation - 58
September 2021 - Parks & Recreation - 59
September 2021 - Parks & Recreation - 60
September 2021 - Parks & Recreation - 61
September 2021 - Parks & Recreation - 62
September 2021 - Parks & Recreation - 63
September 2021 - Parks & Recreation - 64
September 2021 - Parks & Recreation - 65
September 2021 - Parks & Recreation - 66
September 2021 - Parks & Recreation - 67
September 2021 - Parks & Recreation - 68
September 2021 - Parks & Recreation - 69
September 2021 - Parks & Recreation - 70
September 2021 - Parks & Recreation - 71
September 2021 - Parks & Recreation - 72
September 2021 - Parks & Recreation - Cover3
September 2021 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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