Turpin v. Mailet

Decision Date16 January 1979
Docket NumberNo. 317,D,317
Citation591 F.2d 426
PartiesThomas TURPIN, Plaintiff-Appellant, v. Joseph MAILET and John Doe, Individually and as police officers of the Police Department of the City of West Haven, and City of West Haven, Defendants, and City of West Haven, Defendant-Appellee. ocket 77-7345.
CourtU.S. Court of Appeals — Second Circuit

Before KAUFMAN, Chief Judge, FEINBERG, MANSFIELD, MULLIGAN, OAKES, TIMBERS, GURFEIN, VAN GRAAFEILAND and MESKILL, Circuit Judges.

On remand from the Supreme Court of the United States to reconsider the judgment entered by this Court. City of West Haven v. Turpin, --- U.S. ----, 99 S.Ct. 554, 58 L.Ed.2d --- (1978), Vacating 579 F.2d 152 (2d Cir. 1978) (En banc ). Judgment reinstated to the extent that it reversed the District Court's dismissal of the complaint, and cause remanded to the District Court with instructions to permit plaintiff to proceed under 42 U.S.C. § 1983.

PER CURIAM:

In Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), the Supreme Court overruled Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), and decided that under certain circumstances, local governments are liable under 42 U.S.C. § 1983 for invasions of constitutional rights. We have been directed to reconsider, in light of Monell, our prior ruling in this case that municipalities may be sued for damages directly under the 14th Amendment. See --- U.S. ----, 99 S.Ct. 554, 58 L.Ed.2d --- (1978), Vacating 579 F.2d 152 (2d Cir. 1978) (En banc ).

The Monell decision does not call into question Turpin's central thesis that federal courts have the power and the obligation under the general federal question jurisdiction to create remedies to redress constitutional grievances. See 579 F.2d at 157-60. An important element in our decision to imply a damages remedy against municipalities under the 14th Amendment, however, was that Congress had not supplied a vehicle by which the right in question could be vindicated. Id. at 157.

Monell held that § 1983 suits may be brought against municipalities under conditions essentially coextensive with those we imposed on the private right of action in Turpin. We therefore conclude that under the very rationale of our prior opinion there is no place for a cause of action against a municipality directly under the 14th Amendment, because the plaintiff may proceed against the City of West Haven under § 1983. Accordingly, we reinstate so much of our decision as reversed the dismissal of the complaint, and remand to the district court for further...

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91 cases
  • Mays v. Governor, No. 157335
    • United States
    • Michigan Supreme Court
    • 29 Julio 2020
    ...reasons that foreclose its extension here."). Though lower federal courts have often refused to extend Bivens, see, e.g., Turpin v Mailet, 591 F2d 426, 427 (CA 2, 1979); Arar v Ashcroft, 585 F3d 559, 581 (CA 2, 2009); De La Paz v Coy, 786 F3d 367, 375 (CA 5, 2015); Vanderklok v United State......
  • Ellis v. Blum
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 18 Febrero 1981
    ...federal officials are subject to Bivens-type liability if an appropriate federal jurisdictional statute exists. See Turpin v. Mailet, 591 F.2d 426, 427 (2 Cir. 1978) (in banc, on remand from Supreme ...
  • Pauk v. Board of Trustees of City University of New York
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 11 Septiembre 1981
    ...Moreover, when § 1983 provides a remedy, an implied cause of action grounded on the Constitution is not available. Turpin v. Mailet, 591 F.2d 426 (2d Cir. 1979) (en banc ) (rejecting cause of action against municipality grounded directly on Constitution because of availability of § 1983 aft......
  • Carlson v. Green
    • United States
    • U.S. Supreme Court
    • 22 Abril 1980
    ...suit under Bivens even though Congress in 42 U.S.C. § 1983 has already fashioned an equally effective remedy. Cf. Turpin v. Mailet, 591 F.2d 426 (CA2 1979) (en banc). After all, there is no "explicit congressional declaration,"ante, at 1472, that § 1983 was meant to pre-empt a Bivens remedy......
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1 books & journal articles
  • The wisdom of soft judicial power: Mr. Justice Powell, concurring.
    • United States
    • Constitutional Commentary Vol. 25 No. 2, June 2008
    • 22 Junio 2008
    ...713. (35.) Ohland v. City of Montpelier, 467 F. Supp. 324, 348 (D. Vt. 1979) (citing precedent of the Second Circuit in Turpin v. Maliet, 591 F.2d 426 (2d Cir. 1979), and of the Fourth Circuit in Cale v. City of Covington, 586 F.2d 311 (4th Cir. (36.) See Leite v. City of Providence, 463 F.......

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