California, United States of America
The following excerpt is from Pitts v. County of Kern, 17 Cal.4th 340, 70 Cal.Rptr.2d 823, 949 P.2d 920 (Cal. 1998):
Moreover, "it is not enough for a 1983 plaintiff merely to identify conduct properly attributable to the municipality. The plaintiff must also demonstrate that, through its deliberate conduct, the municipality was the 'moving force' behind the injury alleged. That is, a plaintiff must show that the municipal action was taken with the requisite degree of culpability and must demonstrate a direct causal link between the municipal action and the deprivation of federal rights." (Bd. of County Com'rs of Bryan County v. Brown (1997) 520 U.S. 397, ----, 117 S.Ct. 1382, 1388, 137 L.Ed.2d 626, original italics.) "[P]roof that a municipality's legislative body or authorized decisionmaker has intentionally deprived a plaintiff of a federally protected right necessarily establishes that the municipality acted culpably. Similarly, the conclusion that the action taken or directed by the municipality or its authorized decisionmaker itself violates federal law will also determine that the municipal action was the moving force behind the injury of which the plaintiff complains." (Id. at p. ----, 117 S.Ct. at p. 1389.)
[17 Cal.4th 350]
2. Difference between personal and official capacity suits
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