Owen v. City of Independence
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.
| Owen v. City of Independence | |
|---|---|
 | |
| 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 |
| Case history | |
| Subsequent | 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 | |
| |
| Case opinions | |
| Majority | Brennan, joined by White, Marshall, Blackmun, Stevens |
| Dissent | Powell, joined by Burger, Stewart, Rehnquist |
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.
External links
- Text of Owen v. City of Independence, 445 U.S. 622 (1980) is available from: Justia Library of Congress Oyez (oral argument audio)