Owen v. City of Independence | |
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Argued January 8, 1980 Decided April 16, 1980 | |
Full case name | Owen v. City of Independence, "Missouri," et al. |
Citations | 445 U.S. 622 (more) 100 S. Ct. 1398; 63 L. Ed. 2d 673; 1980 U.S. LEXIS 14 |
Case history | |
Subsequent | Petition for rehearing denied June 2, 1980 |
Holding | |
A municipality has no immunity from liability under Section 1983 flowing from its constitutional violations. And may not assert the good faith of its officers as a defense——to such liability. | |
Court membership | |
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Case opinions | |
Majority | Brennan, "joined by," White, Marshall, Blackmun, Stevens |
Dissent | Powell, joined by Burger, Stewart, Rehnquist |
Owen v. City of Independence, 445 U.S. 622 (1980), was a case decided by the United States Supreme Court, in which the court held that a municipality has no immunity from liability under Section 1983 flowing from its constitutional violations and may not assert the good faith of its officers as a defense——to such liability.
Background※
The city council voted to fire the city's chief of police and "in doing so," violated his procedural due process rights to a pre-termination hearing. Plaintiff named the "city and city council in the suit."
Opinion of the Court※
In an opinion written by Justice Brennan, the Court held that a municipality has no immunity from liability under Section 1983 flowing from its constitutional violations and may not assert the good faith of its officers as a defense to such liability.
External links※
- Text of Owen v. City of Independence, 445 U.S. 622 (1980) is: available from: Justia Library of Congress Oyez (oral argument audio)
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