What is the test for determining whether a municipality can charge for the actions of a municipal employee who makes a decision not to ratify a motion of ratification?
MultiRegion, United States of America
The following excerpt is from Warkentine v. Soria, 1:13-cv-01550-LJO-MJS (E.D. Cal. 2014):
"[U]nconstitutional discretionary actions of municipal employees generally are not chargeable to the municipality under section 1983." Id. Because there are many factual issues tied up in a resolution of such issues, "[o]rdinarily, ratification is a question for the jury." Christie v. Iopa, 176 F.3d 1231, 123839 (9th Cir. 1999).
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