SCALA v. CITY OF WINTER PARK

No. 96-3121.

116 F.3d 1396 (1997)

William D. SCALA, Plaintiff-Appellant, v. CITY OF WINTER PARK, a municipality, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 10, 1997.


Attorney(s) appearing for the Case

Thomas J. Pilacek, Thomas J. Pilacek & Associates, Maitland, FL, for Plaintiff-Appellant.

Charles Robinson Fawsett, Shutts & Bowen, Orlando, FL, for Defendant-Appellee.

Before CARNES, Circuit Judge, and HENDERSON and GIBSON, Senior Circuit Judges.


CARNES, Circuit Judge:

It is well-established that a municipality may be held liable under 42 U.S.C. § 1983 for a single illegal act committed by one of its officers, but not on a theory of respondeat superior. Instead, § 1983 liability may be premised upon a single illegal act by a municipal officer only when the challenged act may fairly be said to represent official policy, such as when that municipal officer possesses final policymaking authority...

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