The following excerpt is from Christie v. Iopa, 176 F.3d 1231 (9th Cir. 1999):
Pembaur, 475 U.S. at 483 n. 12, 106 S.Ct. 1292 (emphasis in original); see Fiorenzo v. Nolan, 965 F.2d 348, 351 (7th Cir.1992) ("[A] municipality is not liable merely because the official who inflicted the alleged constitutional injury had the discretion to act on its behalf; rather, the official in question must possess final authority to establish municipal policy with respect to the challenged action."). In making these determinations, courts consider whether the official's discretionary decision is "constrained by policies not of that official's making" and whether the official's decision is "subject to review by the municipality's
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