Dismissals on the Pleadings: 42 U.S.C. Section 1983
Presented by John Zeldenrust
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Course Description
Length: 60min Published: 7/29/2024 
This CLE will cover basic pleading requirements for 42 U.S.C. § 1983 civil rights claims against municipalities (Monell claims) and individual municipal employees. It will highlight common errors even experienced practitioners make in drafting complaints alleging § 1983 violations, as well as legal strategies for getting these claims dismissed under Federal Rules of Civil Procedure 12(b)(6) and 12(c). While the course is geared primarily for municipal defense attorneys, plaintiff attorneys will also find the content useful when drafting complaints asserting alleged § 1983 violations.
Practitioners will gain familiarity with general pleading requirements under Federal Rule 8(a)(2), and how federal courts apply this rule when evaluating 42 U.S.C. § 1983 claims against individuals and municipalities. Practitioners will learn about the basic theories of recovery under § 1983, as well as the technical pleading requirements for each theory. Finally, practitioners will learn to spot common errors attorneys frequently make in drafting complaints containing § 1983 claims, and how courts test the adequacy of § 1983 allegations when ruling on motions to dismiss.
Learning Objectives
* Gain familiarity with general pleading requirements under Federal Rule 8(a)(2)
* Learn about the basic theories of recovery under § 1983
* Learn to spot common errors attorneys frequently make in drafting complaints containing § 1983 claims, and how courts test the adequacy of § 1983 allegations when ruling on motions to dismiss
Speaker Q&A
Question
Is there a requirement of intentional violation of constitutional right or reckless disregard for constitutional right, for all 1983 suits or just Monel suits against municipalities? Is this a requirement for suit against a judge?
- ArthurS
Answer
There is generally no such thing as a stand-alone Monell claim against a municipal entity. There must a claim that an individual municipal employee/agent violated a person’s civil rights under 42 U.S.C. Section 1983 pursuant to a municipal custom or policy. There is no intent requirement for a Monell claim to my knowledge. If the employee is liable for violating a person’s civil rights, and that person acted pursuant to an unconstitutional municipal custom or policy, then the municipality may be held liable under a Monell theory.
For individual 1983 liability, only intentional or perhaps reckless (not merely negligent) conduct can state a 1983 claim against an individual defendant.
Generally speaking, Judges as state officials can be sued only for prospective injunctive relief – not damages. And Judges can’t be sued for retrospective injunctive relief (i.e. conduct taken in a closed case) because the plaintiff has an appeal which is considered an adequate remedy at law.
- John Zeldenrust
Presented By:
John Zeldenrust
Seattle, WA
