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.
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.
Brennan, joined by White, Marshall, Blackmun, Stevens
Dissent
Powell, joined by Burger, Stewart, Rehnquist
Backgroundedit
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 Courtedit
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 linksedit
Text of Owen v. City of Independence, 445U.S. 622 (1980) is available from:JustiaLibrary of CongressOyez (oral argument audio)
owen, city, independence, 1980, case, decided, united, states, supreme, court, which, court, held, that, municipality, immunity, from, liability, under, section, 1983, flowing, from, constitutional, violations, assert, good, faith, officers, defense, such, lia. 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 Owen v City of IndependenceSupreme Court of the United StatesArgued January 8 1980Decided April 16 1980Full case nameOwen v City of Independence Missouri et al Citations445 U S 622 more 100 S Ct 1398 63 L Ed 2d 673 1980 U S LEXIS 14Case historySubsequentPetition for rehearing denied June 2 1980HoldingA 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 membershipChief Justice Warren E Burger Associate Justices William J Brennan Jr Potter StewartByron White Thurgood MarshallHarry Blackmun Lewis F Powell Jr William Rehnquist John P StevensCase opinionsMajorityBrennan joined by White Marshall Blackmun StevensDissentPowell joined by Burger Stewart RehnquistBackground editThe 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 editIn 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 editText of Owen v City of Independence 445 U S 622 1980 is available from Justia Library of Congress Oyez oral argument audio nbsp This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Owen v City of Independence amp oldid 1184831428, wikipedia, wiki, book, books, library,
