The Limits of Policy

The limits of policy

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Unformatted text preview: Section 1983: Section The Limits of Policy CRJU E491P, Police Liability Spring 2011, Mr. Smith Is Every Act of the Policymaker Policy? Is After Pembaur v. City of Cincinnati, we know that a single act or decision by an official with policymaking authority can constitute official policy and attach liability to the municipality. The question remains, however, whether every act or decision by a final policymaker should be considered “policy.” If the policymaker has committed an act or made a decision contrary to what is considered “official” municipal policy, should liability attach? For example, if a mayor sexually assaults young women in his office, will that conduct be considered official “policy” of the city? Likewise, if the superintendent of police hires, fires, promotes, and demotes based on race, contrary to the written policy of the city, should liability attach to the city? In both of the above examples, the answer is clearly “no,” but what are the limits of municipal policy attribution for the acts of the policymaker? Acts That Are Clearly Policy Acts W...
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This note was uploaded on 06/06/2011 for the course CRJU E491P taught by Professor Smith during the Spring '11 term at South Carolina.

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