Bennett v. City of Slidell, No. 81-3236

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore CLARK, Chief Judge, BROWN, GEE, GARZA, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGINBOTHAM; PER CURIAM; POLITZ, Circuit Judge, joined by GARZA, TATE, JOHNSON and JERRE S. WILLIAMS
Citation735 F.2d 861
PartiesHenry J. BENNETT, Jr., Plaintiff-Appellee, v. CITY OF SLIDELL, Gerry Hinton, B.E. McDaniel, Nunzio Giordano, and Patrick J. Berrigan, Defendants-Appellants.
Docket NumberNo. 81-3236
Decision Date09 July 1984

Page 861

735 F.2d 861
Henry J. BENNETT, Jr., Plaintiff-Appellee,
v.
CITY OF SLIDELL, Gerry Hinton, B.E. McDaniel, Nunzio
Giordano, and Patrick J. Berrigan, Defendants-Appellants.
No. 81-3236.
United States Court of Appeals,
Fifth Circuit.
July 9, 1984.

Frank M. RePass, III, New Orleans, La., for City of Slidell, Gerry Hinton, et al.

R. Gordon Kean, Jr., Pamela C. Walker, Baton Rouge, La., David W. Oestreicher, II, New Orleans, La., Fernando J. Estopinal, III, Slidell, La., for amicus-La. Municipal Assoc.

Appeal from the United States District Court for the Eastern District of Louisiana.

ON PETITION FOR REHEARING

Before CLARK, Chief Judge, BROWN, GEE, GARZA, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

This court unanimously agrees upon the following statement:

A municipality is liable under Sec. 1983 for a deprivation of rights protected by the Constitution or federal laws that is inflicted pursuant to official policy.

Official policy is:

1. A policy statement, ordinance, regulation, or decision that is officially adopted and promulgated by the municipality's lawmaking officers or by an official to whom the lawmakers have delegated policy-making authority; or

2. A persistent, widespread practice of city officials or employees, which, although not authorized by officially adopted and promulgated policy, is so common and well settled as to constitute a custom that fairly represents municipal policy. Actual or constructive knowledge of such custom must be attributable to the governing body of the municipality or to an official to whom that body had delegated policy-making authority.

Actions of officers or employees of a municipality do not render the municipality liable under Sec. 1983 unless they execute official policy as above defined.

The majority of the court regard the foregoing statement to be in accord with the original opinion in this case and we reaffirm the further definition of the contours of city liability explained in part 4 of that opinion. Bennett v. City of Slidell, 728 F.2d 762, 767-769 (5th Cir.1984). By that writing, inter alia, we rejected the line of authority, discussed in part 3 and represented in particular by our opinion in Schneider v. City of Atlanta, 628 F.2d 915 (5th Cir.1980), which would permit policy or custom to be attributed to the city itself by attribution to any and all city officers endowed with final or supervisory power or...

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366 practice notes
  • May v. City of Arlington, Civil Action No. 3:16-CV-1674-L
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Texas
    • March 20, 2019
    ...delegated policy-making authority. Webster v. City of Houston , 735 F.2d 838, 841 (5th Cir. 1984) (en banc); Bennett v. City of Slidell , 735 F.2d 861, 862 (5th Cir. 1984) (en banc). For purposes of a motion to dismiss under Rule 12(b)(6), a plaintiff must plead facts from which the court c......
  • Boston v. Harris Cnty., CIVIL ACTION H-11-1566
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • March 26, 2014
    ...authority.'" Okon v. Harris County Hospital District, 426 Fed. Appx. 312, 316 (5th Cir. May 23, 2011), quoting Bennett v. City of Slidell, 735 F.2d 861, 862 (5th Cir. 1984)(en banc), cert. denied, 472 U.S. 1016 (1985).5 Alternatively, a policy may be "'a persistent widespread practice of ci......
  • ESI/Employee Sols., L.P. v. City of Dall., CIVIL ACTION NO. 4:19-CV-570-SDJ
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • March 30, 2020
    ...policy, is so common and well settled as to constitute a custom that fairly represents municipal policy.Bennett v. City of Slidell, 735 F.2d 861, 861 (5th Cir. 1984) (en banc) (per curiam). The alleged pleading deficiency complained of by the City is that the Employer-Plaintiffs did not spe......
  • Islamic Center of Mississippi, Inc. v. City of Starkville, Miss., No. 88-4530
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 30, 1989
    ...Group, 842 F.2d at 1446-47; Schneider v. Atlanta, 628 F.2d 915, 920-21 (5th Cir.1980), overruled on other grounds, Bennett v. Slidell, 735 F.2d 861 (5th Cir.1984) (en banc), cert. denied, 472 U.S. 1016, 105 S.Ct. 3476, 87 L.Ed.2d 612 (1985); Knighton v. Watkins, 616 F.2d 795, 800-01 (5th Ci......
  • Request a trial to view additional results
366 cases
  • May v. City of Arlington, Civil Action No. 3:16-CV-1674-L
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Texas
    • March 20, 2019
    ...delegated policy-making authority. Webster v. City of Houston , 735 F.2d 838, 841 (5th Cir. 1984) (en banc); Bennett v. City of Slidell , 735 F.2d 861, 862 (5th Cir. 1984) (en banc). For purposes of a motion to dismiss under Rule 12(b)(6), a plaintiff must plead facts from which the court c......
  • Boston v. Harris Cnty., CIVIL ACTION H-11-1566
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • March 26, 2014
    ...authority.'" Okon v. Harris County Hospital District, 426 Fed. Appx. 312, 316 (5th Cir. May 23, 2011), quoting Bennett v. City of Slidell, 735 F.2d 861, 862 (5th Cir. 1984)(en banc), cert. denied, 472 U.S. 1016 (1985).5 Alternatively, a policy may be "'a persistent widespread practice of ci......
  • ESI/Employee Sols., L.P. v. City of Dall., CIVIL ACTION NO. 4:19-CV-570-SDJ
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • March 30, 2020
    ...policy, is so common and well settled as to constitute a custom that fairly represents municipal policy.Bennett v. City of Slidell, 735 F.2d 861, 861 (5th Cir. 1984) (en banc) (per curiam). The alleged pleading deficiency complained of by the City is that the Employer-Plaintiffs did not spe......
  • Islamic Center of Mississippi, Inc. v. City of Starkville, Miss., No. 88-4530
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 30, 1989
    ...Group, 842 F.2d at 1446-47; Schneider v. Atlanta, 628 F.2d 915, 920-21 (5th Cir.1980), overruled on other grounds, Bennett v. Slidell, 735 F.2d 861 (5th Cir.1984) (en banc), cert. denied, 472 U.S. 1016, 105 S.Ct. 3476, 87 L.Ed.2d 612 (1985); Knighton v. Watkins, 616 F.2d 795, 800-01 (5th Ci......
  • Request a trial to view additional results

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