Girish Mahajan (Editor)

Owen v. City of Independence

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Date decided
  
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

Majority
  
Brennan, joined by White, Marshall, Blackmun, Stevens

Dissent
  
Powell, joined by Burger, Stewart, Rehnquist

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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.

Contents

Background

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

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.

References

Owen v. City of Independence Wikipedia