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Owen Vs. City of Independence

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  • US Supreme Court
  • Apr 16, 1980

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63 entries 11 linked 52 unlinked
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  1. imbler Vs. Pachtman US Supreme Court · Nov 03, 1975
  2. Tenney Vs. Brandhove US Supreme Court · May 21, 1951
  3. Pierson Vs. Ray US Supreme Court · Apr 11, 1967
  4. O'Connor Vs. Donaldson US Supreme Court · Jun 26, 1975
  5. Wood Vs. Strickland US Supreme Court · Feb 25, 1975
  6. Scheuer Vs. Rhodes US Supreme Court · Apr 17, 1974
  7. Monroe Vs. Pape US Supreme Court · Feb 20, 1961
    Distinguished
  8. Carey Vs. Piphus US Supreme Court · Mar 21, 1978
  9. Andrus Vs. Allard US Supreme Court · Nov 27, 1979
  10. Sterling Vs. Constantin US Supreme Court · Dec 12, 1932
  11. United States Vs. Classic US Supreme Court · May 26, 1941
  12. Owen v. City
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  13. of Independence - 445 U.S. 622 (1980) U.S. Supreme Court Owen v. City
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  14. of Independence, 445 U.S. 622 (1980) Owen v. City
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  15. held in Monell v. New
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  16. joined, post, p. 445 U. S. 658 . MR. JUSTICE BRENNAN delivered the opinion of the Court. Monell v. New
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  17. York City Dept. of Social Services, 436 U. S. 658 (1978), overruled Monroe v. Pape
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  18. was granted, and the case was remanded for further consideration in light of our supervening decision in Monell v. New
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  19. The Supreme Court's decisions in Board of Regents v. Roth
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  20. U. S. 564 . . . (1972), and Perry v. Sindermann
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  21. is essentially one of statutory construction, see Wood v. Strickland
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  22. U. S. 376 (1951), the starting point in our analysis must be the language of the statute itself. Andrus v. Allard
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  23. Blue Chip Stamps v. Manor
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  24. for violations of federally protected rights were voiced by its supporters in both Houses of Congress. See Monell v. New
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  25. U. S. 547 , 386 U. S. 555 (1967). Thus in Tenney v. Brandhove
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  26. See Procunier v. Navarette
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  27. municipality should be privileged where it reasonably believed its actions to be lawful. In the leading case of Thayer v. Boston
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  28. municipalities for violations expressly found to have been committed in good faith. See, e.g., Town Council of Akron v. McComb
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  29. Horton v. Inhabitants
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  30. Elliot v. Concord
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  31. Hurley v. Town
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  32. Lee v. Village
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  33. Billings v. Worcester
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  34. Squiers v. Village
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  35. Hawks v. Charlemont
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  36. corporations were commonly held liable for damages in tort was also recognized by the 42d Congress. See Monell v. New
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  37. Providence v. Clapp
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  38. would be an infringement upon the powers properly vested in a coordinate and coequal branch of government. See Johnson v. State
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  39. was made, the city was fully liable for any injuries incurred in the execution of its judgment. See, e.g., Hill v. Boston
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  40. the municipality has conformed to the requirements of the Federal Constitution and statutes. As was stated in Sterling v. Constantin
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  41. Monell v. New
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  42. U.S. at 365 U. S. 184 (quoting United States v. Classic
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  43. were permitted to disavow liability for the injury it has begotten. See Adickes v. Kress
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  44. very rights it has transgressed. Yet owing to the qualified immunity enjoyed by most government officials, see Scheuer v. Rhodes
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  45. victims of past abuses, but to serve as a deterrent against future constitutional deprivations, as well. See Robertson v. Wegmann
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  46. Page 445 U. S. 654 In Scheuer v. Rhodes
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  47. precisely to provide a remedy for such abuses of official power. See Monroe v. Pape
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  48. the municipality has at all times acted in good faith. On the contrary, the accepted view is that stated in Thayer v. Boston
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  49. U.S. Supreme Court Owen v. City
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  50. of the Court. Monell v. New
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