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Pembauer Vs. City of Cincinnati

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  • US Supreme Court
  • Mar 25, 1986

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71 entries 5 linked 66 unlinked
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  1. Harlow Vs. Fitzgerald US Supreme Court · Jun 24, 1982
  2. Monroe Vs. Pape US Supreme Court · Feb 20, 1961
  3. Oklahoma City Vs. Tuttle US Supreme Court · Jun 03, 1985
  4. Chevron Oil Co. Vs. Huson US Supreme Court · Dec 06, 1971
  5. Procunier Vs. Navarette US Supreme Court · Feb 22, 1978
  6. Pembaur v. City
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  7. of Cincinnati - 475 U.S. 469 (1986) U.S. Supreme Court Pembaur v. City
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  8. of Cincinnati, 475 U.S. 469 (1986) Pembaur v. City
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  9. that is the predicate for municipal liability under Monell v. New
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  10. U. S. 492 . JUSTICE BRENNAN delivered the opinion of the Court, except as to Part II-B. In Monell v. New
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  11. under state law to exclude the deputies because the search of his office violated the Fourth Amendment. State v. Pembaur
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  12. Hamilton County Court of Appeals, Nov. 3, 1982). The Ohio Supreme Court reversed and reinstated the conviction. State v. Pembaur
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  13. a search warrant, even to execute an arrest warrant for a third person. We agreed with that proposition in Steagald v. United
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  14. person to serve a capias, the District Court held that the individual municipal officials were all immune under Harlow v. Fitzgerald
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  15. Monell v. New
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  16. for deprivations of federal rights, overruling a contrary holding in Monroe v. Pape
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  17. even a single decision by such a body unquestionably constitutes an act of official government policy. See, e.g., Owen v. City
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  18. Newport v. Fact
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  19. not, without more, give rise to municipal liability based on an exercise of that discretion. See, e.g., Oklahoma City v. Tuttle
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  20. immune. Tr., Mar. 14-Mar. 17, p. 267. We express no view as to the correctness of this evaluation. Cf. Imbler v. Pachtman
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  21. McKinley v. City
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  22. Berdin v. Duggan
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  23. Van Ooteghem v. Gray
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  24. Quinn v. Syracuse
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  25. Losch v. Borough
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  26. and respondent concedes, that the entry and search of petitioner's clinic violated the Fourth Amendment under Steagald v. United
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  27. or reasoning of Monell, or by any of our subsequent decisions. As we explained last Term in Oklahoma City v. Tuttle
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  28. accord great deference to the interpretation and application of state law by the courts of appeals. United States v. S.A
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  29. Brockett v. Spokane
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  30. Bishop v. Wood
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  31. effect or authorize arrests and searches represents the policy of the municipality. It would be different if Steagald v. United
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  32. The county has not challenged the retroactivity of Steagald v. United
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  33. s premises in order to serve capiases on two witnesses, they violated petitioner's constitutional rights. Steagald v. United
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  34. by their agents in the course of their employment. In other words, as I explained in my dissent in Oklahoma City v. Tuttle
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  35. See Oklahoma City v. Tuttle
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  36. actually provides us with an interpretation of the word policy' as it is used in Part II of the opinion in Monell v. New
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  37. Circuit in this action, 746 F.2d 337 (1984), and the Ohio Supreme Court in reviewing petitioner's conviction, State v. Pembaur
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  38. ignores the fact that, in a civil context, there is not the societal cost of reversing convictions. Cf. Johnson v. New
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  39. Additionally, Payton v. New
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  40. of course, been held retroactive in the only context in which the Court has considered the issue. See United States v. Johnson
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  41. Several commentators have concluded that the dicta in Monell v. New
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  42. Note, Monell v. Department
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  43. Owen v. City
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  44. by JUSTICE WHITE, I agree that the municipal officers here were acting as policymakers within the meaning of Monell v. New
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  45. County Prosecutor. I Petitioner's allegation of a constitutional violation rests exclusively on Steagald v. United
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  46. believe that the person to be arrested was within the home to be Page 475 U. S. 493 searched. United States v. McKinney
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  47. F.2d 259, 262-263 (1967). That view was shared by at least two other Circuits. See United States v. Gaultney
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  48. United States v. Harper
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  49. CA10), cert. denied, 434 U.S. 837 (1977). Another Circuit had favored that view in dicta. See United States v. Manley
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  50. to this action. The leading case explaining the framework of analysis for civil retroactivity is Chevron Oil Co. v. Huson
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