Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

Los Angeles County v. Humphries

Docket No. Op. Below Argument Opinion Vote Author Term
09-350 9th Cir. Oct 5, 2010
Tr.Aud.
Nov 30, 2010 8-0 Breyer OT 2010

Holding: Under the Supreme Court's decision in Monell v. New York City Dep't of Social Services (1978), a plaintiff who sues a local government for civil rights violations under federal law must show that his injury was the result of a policy or custom of the local government to obtain an injunction or a declaratory judgment. (Kagan, J., recused).

Plain English Holding: A person suing a city for violation of her civil rights must show that her rights were violated by a city policy (rather than by the unauthorized conduct of a city employee) to obtain any relief against the city, even if the plaintiff is seeking only an injunction or a declaration that her rights were violated. (Kagan, J., recused).

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Stephen Breyer on November 30, 2010. (Kagan, J., recused).

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Briefs and Documents

Merits Briefs

Certiorari-Stage Documents

  • Opinion below (9th Circuit)
  • Petition for certiorari (unavailable)
  • Brief in opposition (unavailable)
  • Petitioner’s reply (unavailable)
 
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