PART 3 - MUNICIPALITY
         Respondeat Superior, vicarious liability.
         Personal involvement, Policy or Custom.
Theory of respondeat superior does not apply to impose liability on
supervisory official, such as warden, in civil rights action brought
pursuant to 42 USCS % 1983.
King v. Cuyler, (1982, ED Pa), 451 F.Supp. 1230
There is no respondeat superior liability under Civil Rights Act,
42 USCS % 1983.
Hauptmann v. Wilentz, (1983, DC NJ), 770 F.2d. 1070
Respondeat superior is not basis for recovery in civil rights actions
brought under 42 USCS % 1983.
Gay v. Watkins (1984, ED Pa) 579 F.Supp. 1019
See also:
   Goodwin v. La Polla (1984, ND NY) 589 F.Supp. 1423
   De Tore v. New Jersey City Public Empl. Union (1980, CA3 NJ) 615 F.2d 980
   O'Conner v. Keller (1981, DC Md) 510 F.Supp. 630
In civil rights action under 42 USCS % 1983, brought against city and
alleging that city officers had, pursuant to civil search warrant,
unlawfully seized personal property, city's motion to dismiss
complaint would be granted where plaintiff had failed to allege that
there was official policy or custom of authorizing violations of
constitutional rights in connection with code enforcement.
Hassell v. Philadelphia (1981, ED Pa) 507 F.Supp. 814
In civil rights action pursuant to 42 USCS % 1983, brought against
county and alleging county's failure to supervise and to control
officers who had beaten plaintiffs during demonstration, trial court
erred in entering judgement for plaintiffs since liability of
supervisory personnel must be based on more than mere right to control
employees; without more, that would allow liability on respondeat
superior basis expressly rejected by United States Supreme Court in
Monell v. Department of Social Services, 436 US 658, 56 L Ed 2d 611,
98 S Ct 2018 (1987); before liability can be imposed on municipality,
its implementation or execution of governmental policy or custom must
be shown.
Hays v. Jefferson County (1982, CA6 Ky) 668 F.2d. 869
Although person cannot be held liable pursuant to Civil Rights Act, 42
USCS % 1983, under doctrine of respondeat superior as supervisor for
control of those who actually commit challenged acts, complaint may
properly state claim against supervisor where it is alleged that he
had sufficient personal involvement in establishing policy or custom
resulting in deprivation of constitutional guarantees due to that
policy or custom.
Tedder v. Housing Authority of Padacah (1983, WD Ky) 574 F.Supp. 240
In order to establish liability against supervisory personnel under
Civil Rights Act, 42 USCS % 1983, plaintiff must prove affirmative
link between their acts or omissions and actions directly causing
alleged violations; affirmative link requires more that mere negligent
supervision of those over whom supervisor had authority and control.
Hamrick v. Lewis (1981, ND Ill) 515 F.Supp. 983
In action under Civil Rights, 42 USCS % 1983, brought against county
sheriff and alleging deprivation of constitutional rights by virtue of
arrest by sheriff's officers without warrant and without probable
cause, although sheriff, as supervisory employee, could not be held
liable under % 1983 unless he had personal knowledge of or direct
involvement in actions complained of, sheriff's motion to dismiss
would be denied since policies complained of were failure to train,
supervise and discipline officers, and approval or ratification of
officers' unlawful conduct, and since plaintiffs had specifically
alleged that sheriff had knowledge of policies and of actions of
officers involved in case, and that sheriff's actions or omissions
were proximate cause of violations of constitutional rights.
Hill v. Marinelli  (1982, ND Ill) 555 F.Supp. 413
Although supervisory officials cannot be held liable under 42 USCS %
1983 on basis of employer-employee relationship, liability attaches
when their action or inaction amounts to gross negligence or
deliberate indifference and is proximate cause of constitutional
violation.
Spell v. McDanial (1984, ED NC) 591 F.Supp. 1090
[cont]
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