To state a claim under 42 U.S.C. § 1983 (§ 1983) –Civil Action For Deprivation of Rights– a plaintiff must not only allege the violation of a right secured by the Constitution and laws of the United States, the plaintiff must also show that the alleged deprivation was committed by a “person” acting under color of state law. West v. Atkins, 487 U.S. 42, 48, 108 S.Ct. 2250, 101 L.Ed.2d 40, 56 USLW 4664 (1988) (citation omitted) (quotation marks omitted). If a defendant’s conduct satisfies the state action requirement of the Fourteenth Amendment, that conduct is also action under color of state law and will support a suit under §1983. Id. at 49 (quotation marks omitted).
MUNICIPALITIES, LOCAL GOVERNMENT UNITS,
AND LOCAL GOVERNMENT OFFICIALS
Under § 1983 –which imposes liability upon every person who, acting under color of the law of any state or territory or the District of Columbia, causes a deprivation of federal rights– municipalities, local government units, and local government officials sued in their official capacities are “persons” and can be subject to liability. 14A C.J.S. Municipalities § 433 (citing Monell v. Department of Social Services of City of New York, 436 U.S. 658, 98 S. Ct. 2018, 56 L. Ed. 2d 611 (1978); 42 U.S.C.A. § 1983; 14A C.J.S. Official Capacity Actions, § 445 (2006) (citing Monell, 436 U.S. 658, 98 S. Ct. 2018, 56 L. Ed. 2d 611 (1978)). And a municipal official under a § 1983 action in his or her official capacity is treated as an action against the municipality entity itself. 14A C.J.S. Official Capacity Actions, § 445 (2006) (citations omitted).
In order to establish Monell liability against municipalities, local government units, and local government officials sued in their official capacities, a plaintiff must show a constitutional right violation resulting from either (A) an employee acting pursuant to an expressly adopted official policy; (B) an employee acting pursuant to a longstanding practice or custom; or (C) an employee acting as a “final policymaker.” Delia v. City of Rialto, 621 F.3d 1069, 1081-82 (9th Cir. 2010) (citing Webb v. Sloan, 330 F.3d 1158, 1164 (9th Cir.2003); see Ulrich v. City & County of San Francisco, 308 F.3d 968, 984-85 (9th Cir.2002); Gillette v. Delmore, 979 F.2d 1342, 1346-47 (9th Cir.1992)) (quotation marks omitted).
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