Owen v. City of Independence

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Owen v. City of Independence
Seal of the United States Supreme Court.svg
Argued January 8, 1980
Decided April 16, 1980
Full case name Owen v. City of Independence, Missouri, et al.
Citations 445 U.S. 622 (more)
100 S. Ct. 1398; 63 L. Ed. 2d 673; 1980 U.S. LEXIS 14
Subsequent history Petition for rehearing denied June 2, 1980
Holding
A municipality has no immunity from liability under Section 1983 flowing from its constitutional violations and may not assert the good faith of its officers as a defense to such liability.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
Majority Brennan, joined by White, Marshall, Blackmun, Stevens
Dissent Powell, joined by Burger, Stewart, Rehnquist

Owen v. City of Independence, 445 U.S. 622 (1980), was a case decided by the United States Supreme Court, in which the court held that a municipality has no immunity from liability under Section 1983 flowing from its constitutional violations and may not assert the good faith of its officers as a defense to such liability.

Background[edit]

The city council voted to fire the city's chief of police and in doing so, violated his procedural due process rights to a pre-termination hearing. Plaintiff named the city and city council in the suit.

Opinion of the Court[edit]

In an opinion written by Justice Brennan, the Court held that a municipality has no immunity from liability under Section 1983 flowing from its constitutional violations and may not assert the good faith of its officers as a defense to such liability.

External links[edit]