MORRO v. CITY OF BIRMINGHAM

No. 96-6445.

117 F.3d 508 (1997)

Scott Thomas MORRO, Plaintiff-Appellee, v. CITY OF BIRMINGHAM, a Municipal Corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 21, 1997.


Attorney(s) appearing for the Case

Thomas Bentley, III, Demetrius C. Newton, John M. Edens, Birmingham City Attorney's Office, Birmingham, AL, for Defendant-Appellant.

M. Clay Ragsdale, Birmingham, AL, William M. Dawson, Dawson & Gear, Birmingham, AL, for Plaintiff-Appellee.

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


CARNES, Circuit Judge:

Municipal liability under 42 U.S.C. § 1983 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 over the relevant subject matter. The central issue in this appeal is whether the City of Birmingham's Police Chief is a final policymaker with respect to disciplinary suspension...

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