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Hales v. Newport News — pleading opinion, Doc. 17

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27 that violation.‘‖ Covenant Media of S.C., L.L.C. v. City of N. Charleston, 493 F.3d 421, 436 (4th Cir. 2007) (quot ing Collins, 503 U.S. at 120). Even if a court determines that there has been an underlying constitutional violation committed by a municipal employee, a municipality‘s liability ―arises only where the constitutionally offensive actions of employees are taken in furtherance of some municipal policy or custom.‖ Walker v. Prince George‘ s Cnty., 575 F.3d 426, 431 (4th Cir. 2009) (internal quotations omitted). ―Section 1983 plaintiffs seeking to impose liability on a municipality must, therefo re, adequately plead and prove the existence of an offi cial policy or custom that is fairly attributable to the munici pality and that proximately caused the deprivation of their ri ghts.‖ Jordan by Jordan v. Jackson, 15 F.3d 333, 338 (4th Cir. 1994) (emphasis added). Furth ermore, a municipality‘s liability cannot be premised on a theory of respondeat superi or or vicarious liability , but rather, ―‗ [i]t is only when the execution of the government's policy or custom . . . inflicts the injury that the municipality may be held liable under § 1983.‘‖ City of Canton v. Harris, 489 U.S. 378, 385 (1989) (quoting Springfield v. Kibbe, 480 U.S. 257, 267 (1 987) (O'Connor, J., dissenting)) (alteration in original). Here, Plaintiff advances a § 1983 claim against all
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