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Turpin v. Mailet

United States Court of Appeals, Second Circuit
Jan 16, 1979
591 F.2d 426 (2d Cir. 1979)

Summary

holding that, following Monell, a plaintiff could not proceed directly against a municipality under the Fourteenth Amendment

Summary of this case from Fenner v. City of New York

Opinion

No. 317, Docket 77-7345. En Banc.

January 16, 1979.

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.


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 proceedings not inconsistent with this opinion.


Treating the Supreme Court's vacating order as a decision on the merits, see Board of Trustees of Keene State College v. Sweeney, ___ U.S. ___, 99 S.Ct. 295, 58 L.Ed.2d 216 (1978) (Stevens, J., dissenting), we concur in the majority opinion only so far as it holds that a cause of action may exist against the City of West Haven under 42 U.S.C. § 1983.


Summaries of

Turpin v. Mailet

United States Court of Appeals, Second Circuit
Jan 16, 1979
591 F.2d 426 (2d Cir. 1979)

holding that, following Monell, a plaintiff could not proceed directly against a municipality under the Fourteenth Amendment

Summary of this case from Fenner v. City of New York

rejecting cause of action against municipality grounded directly on Constitution because of availability of § 1983 after Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611

Summary of this case from Pauk v. Board of Trustees of the City University of New York

rejecting cause of action grounded directly on Constitution because of availability of Section 1983

Summary of this case from SANK v. CITY UNIVERSITY OF NEW YORK

rejecting cause of action grounded directly on Constitution because of availability of Section 1983

Summary of this case from Sank v. City Univ. of New York

rejecting cause of action against municipality grounded directly on Constitution because of availability of § 1983

Summary of this case from Koumantaros v. City University of New York

rejecting cause of action against municipality grounded directly on Constitution because of availability of § 1983

Summary of this case from Brevot v. New York City Department of Education

permitting an implied cause of action for a municipality's unconstitutional acts, not under a theory of respondeat superior but only when the acts are "part of a concerted plan or pursuant to any departmental policy — express or otherwise"

Summary of this case from Harbulak v. County of Suffolk

In Turpin v. Mailet, 591 F.2d 426 (2d Cir. 1979) (en banc), we held that plaintiffs could not maintain a cause of action directly under the fourteenth amendment when relief was available under § 1983.

Summary of this case from Cullen v. Margiotta

refusing to imply Bivens action under federal constitution where plaintiffs had remedy under Section 1983

Summary of this case from Santos v. Barber

refusing to imply Bivens action under federal constitution where plaintiffs had remedy under Section 1983

Summary of this case from Wahad v. F.B.I.

allowing claim against municipality when complaint alleges that unconstitutional acts were authorized, sanctioned, or ratified by municipal officials functioning at policy-making level

Summary of this case from Loza v. Lynch

In Turpin, on remand from the Supreme Court, the Second Circuit held that because a municipality may be sued under 42 U.S.C. § 1983 it may not be sued under the fourteenth amendment.

Summary of this case from Harlee v. Hagen

suggesting that plaintiff might have been permitted to bring a direct cause of action under the Constitution if defendant municipality were not a "person," and therefore were not amenable to suit, under § 1983

Summary of this case from Sablan v. Tenorio
Case details for

Turpin v. Mailet

Case Details

Full title:THOMAS TURPIN, PLAINTIFF-APPELLANT, v. JOSEPH MAILET AND JOHN DOE…

Court:United States Court of Appeals, Second Circuit

Date published: Jan 16, 1979

Citations

591 F.2d 426 (2d Cir. 1979)

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