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.
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)