pembaur
cincinnati
argued
december
decided
march
petitioner
physician
proprietor
clinic
cincinnati
ohio
provided
medical
services
primarily
welfare
recipients
indicted
grand
jury
fraudulently
accepting
payments
state
welfare
agencies
grand
jury
investigation
subpoenas
issued
appearance
two
petitioner
employees
employees
failed
appear
assistant
county
prosecutor
obtained
capiases
detention
two
county
deputy
sheriffs
attempted
serve
capiases
petitioner
clinic
barred
door
refused
let
enter
part
clinic
employees
presumably
located
thereafter
cincinnati
police
officers
petitioner
called
appeared
told
petitioner
allow
deputy
sheriffs
enter
petitioner
continued
refuse
deputy
sheriffs
called
superior
told
call
county
prosecutor
office
follow
instructions
deputy
sheriffs
spoke
assistant
prosecutor
assigned
case
turn
conferred
county
prosecutor
told
instruct
deputy
sheriffs
go
get
employees
assistant
prosecutor
relayed
instructions
deputy
sheriffs
deputy
sheriffs
tried
unsuccessfully
force
door
city
police
officers
obtained
axe
chopped
door
deputy
sheriffs
entered
searched
clinic
unable
locate
employees
sought
although
petitioner
acquitted
fraud
charges
indicted
convicted
obstructing
police
performance
authorized
act
conviction
upheld
ohio
petitioner
filed
damages
action
federal
district
county
among
defendants
alleging
county
violated
rights
fourth
fourteenth
amendments
district
dismissed
claim
county
ground
individual
officers
acting
pursuant
kind
official
policy
predicate
municipal
liability
monell
new
york
city
dept
social
services
appeals
affirmed
holding
petitioner
failed
prove
existence
county
policy
shown
nothing
one
occasion
prosecutor
sheriff
decided
force
entry
petitioner
clinic
held
judgment
reversed
case
remanded
reversed
remanded
justice
brennan
delivered
opinion
respect
parts
concluding
official
policy
requirement
monell
intended
distinguish
acts
municipality
acts
municipality
employees
thereby
make
clear
municipal
liability
limited
actions
municipality
actually
responsible
monell
held
recovery
municipality
limited
acts
properly
speaking
municipality
acts
municipality
officially
sanctioned
ordered
understanding
plain
municipal
liability
may
imposed
single
decision
municipal
policymakers
appropriate
circumstances
decision
adopt
particular
course
action
directed
establish
governmental
policy
municipality
equally
responsible
whether
action
taken
taken
repeatedly
pp
error
dismiss
petitioner
claim
county
ohio
law
authorizes
county
sheriff
obtain
instructions
county
prosecutor
sheriff
followed
practice
delegating
certain
decisions
prosecutor
appropriate
case
deputy
sheriffs
received
instructions
sheriff
office
follow
orders
county
prosecutor
made
considered
decision
based
understanding
law
commanded
deputy
sheriffs
enter
petitioner
clinic
decision
directly
caused
violation
petitioner
fourth
amendment
rights
ordering
deputy
sheriffs
enter
petitioner
clinic
serve
capiases
employees
county
prosecutor
acting
final
decisionmaker
county
county
may
therefore
held
liable
pp
justice
brennan
joined
justice
white
justice
marshall
justice
blackmun
concluded
part
every
decision
municipal
officers
automatically
subjects
municipality
liability
fact
particular
official
discretion
exercise
particular
functions
give
rise
municipal
liability
based
exercise
discretion
unless
official
also
responsible
state
law
establishing
final
governmental
policy
respecting
activity
municipal
liability
attaches
deliberate
choice
follow
course
action
made
among
various
alternatives
official
officials
responsible
establishing
final
policy
respect
subject
matter
question
pp
robert
manley
argued
cause
petitioner
briefs
andrew
lipton
roger
friedmann
argued
cause
respondents
brief
arthur
ney
jack
novik
burt
neuborne
bruce
campbell
filed
brief
american
civil
liberties
union
et
al
amici
curiae
urging
reversal
justice
brennan
delivered
opinion
except
part
monell
new
york
city
dept
social
services
concluded
municipal
liability
limited
deprivations
federally
protected
rights
caused
action
taken
pursuant
official
municipal
policy
nature
question
presented
whether
circumstances
decision
municipal
policymakers
single
occasion
may
satisfy
requirement
bertold
pembaur
licensed
ohio
physician
sole
proprietor
rockdale
medical
center
located
city
cincinnati
hamilton
county
pembaur
patients
welfare
recipients
rely
government
assistance
pay
medical
care
spring
simon
leis
hamilton
county
prosecutor
began
investigating
charges
pembaur
fraudulently
accepted
payments
state
welfare
agencies
services
actually
provided
patients
grand
jury
convened
case
assigned
assistant
prosecutor
william
whalen
april
grand
jury
charged
pembaur
indictment
investigation
grand
jury
issued
subpoenas
appearance
two
pembaur
employees
employees
failed
appear
directed
prosecutor
obtained
capiases
arrest
detention
common
pleas
hamilton
county
may
two
hamilton
county
deputy
sheriffs
attempted
serve
capiases
pembaur
clinic
although
reception
area
open
public
rest
clinic
may
entered
door
next
receptionist
window
upon
arriving
deputy
sheriffs
identified
receptionist
sought
pass
door
apparently
open
receptionist
blocked
way
asked
wait
doctor
pembaur
appeared
moment
later
receptionist
closed
door
automatically
locked
inside
wedged
piece
wood
wall
returning
receptionist
window
deputy
sheriffs
identified
pembaur
showed
capiases
explained
pembaur
refused
let
enter
claiming
police
legal
authority
requesting
leave
told
called
cincinnati
police
local
media
lawyer
deputy
sheriffs
decided
take
action
cincinnati
police
arrived
shortly
thereafter
several
cincinnati
police
officers
appeared
deputy
sheriffs
explained
situation
asked
speak
pembaur
cincinnati
police
told
pembaur
papers
lawful
allow
deputy
sheriffs
enter
pembaur
refused
cincinnati
police
called
superior
officer
failed
persuade
pembaur
open
door
deputy
sheriffs
decided
call
supervisor
instructions
supervisor
told
call
assistant
prosecutor
whalen
follow
instructions
deputy
sheriffs
telephoned
whalen
informed
situation
whalen
conferred
county
prosecutor
leis
told
whalen
instruct
deputy
sheriffs
go
get
witnesses
whalen
turn
passed
instructions
along
deputy
sheriffs
final
attempt
persuade
pembaur
voluntarily
allow
enter
deputy
sheriffs
tried
unsuccessfully
force
door
city
police
officers
advised
county
prosecutor
instructions
go
get
witnesses
obtained
axe
chopped
door
deputy
sheriffs
entered
searched
clinic
two
individuals
fit
descriptions
witnesses
sought
detained
turned
right
persons
incident
prosecutor
obtained
additional
indictment
pembaur
obstructing
police
performance
authorized
act
although
acquitted
charges
pembaur
convicted
offense
ohio
appeals
reversed
reasoning
pembaur
privileged
state
law
exclude
deputies
search
office
violated
fourth
amendment
state
pembaur
hamilton
county
appeals
ohio
reversed
reinstated
conviction
state
pembaur
ohio
cert
denied
held
privilege
applied
conduct
law
enforcement
officials
circumstances
case
pembaur
obliged
acquiesce
search
seek
redress
later
civil
action
damages
ohio
april
pembaur
filed
present
action
district
southern
district
ohio
city
cincinnati
county
hamilton
cincinnati
police
chief
hamilton
county
sheriff
members
hamilton
board
county
commissioners
official
capacities
assistant
prosecutor
whalen
nine
city
county
police
officers
pembaur
sought
damages
alleging
county
city
police
violated
rights
fourth
fourteenth
amendments
theory
absent
exigent
circumstances
fourth
amendment
prohibits
police
searching
individual
home
business
without
search
warrant
even
execute
arrest
warrant
third
person
agreed
proposition
steagald
decided
day
pembaur
filed
lawsuit
pembaur
sought
million
actual
million
punitive
damages
plus
costs
attorney
fees
much
testimony
trial
concerned
practices
hamilton
county
police
serving
capiases
frank
webb
one
deputy
sheriffs
present
clinic
may
testified
previously
served
capiases
property
third
persons
without
search
warrant
never
required
use
force
gain
access
assistant
prosecutor
whalen
also
unaware
prior
instance
police
denied
access
third
person
property
serving
capias
used
force
gain
entry
lincoln
stokes
county
sheriff
testified
department
written
policy
respecting
serving
capiases
property
third
persons
proper
response
given
situation
depend
upon
circumstances
recall
specific
instance
entrance
denied
forcibly
gained
sheriff
stokes
testify
however
practice
department
refer
questions
county
prosecutor
instructions
appropriate
circumstances
proper
thing
case
district
awarded
judgment
defendants
dismissed
complaint
entirety
agreed
entry
search
pembaur
clinic
violated
fourth
amendment
steagald
supra
held
steagald
inapplicable
since
decided
nearly
four
years
incident
occurred
construed
law
sixth
circuit
permit
law
enforcement
officials
enter
premises
third
person
serve
capias
district
held
individual
municipal
officials
immune
harlow
fitzgerald
claims
county
city
dismissed
ground
individual
officers
acting
pursuant
kind
official
policy
predicate
municipal
liability
monell
respect
hamilton
county
explained
even
assuming
entry
search
pursuant
governmental
policy
policy
hamilton
county
per
se
hamilton
county
board
county
commissioners
acting
behalf
county
simply
establish
control
policies
hamilton
county
sheriff
respect
city
cincinnati
found
policy
custom
followed
aiding
county
sheriff
deputies
performance
duties
found
participation
city
police
entry
search
clinic
resulted
decisions
individual
officers
permissible
scope
assistance
provide
city
policy
provide
particular
kind
assistance
appeal
pembaur
challenged
dismissal
claims
whalen
hamilton
county
city
cincinnati
appeals
sixth
circuit
upheld
dismissal
pembaur
claims
whalen
hamilton
county
reversed
dismissal
claim
city
cincinnati
ground
district
findings
concerning
policies
followed
cincinnati
police
clearly
erroneous
appeals
affirmed
district
dismissal
pembaur
claim
hamilton
county
different
grounds
held
county
board
lack
control
sheriff
preclude
county
liability
nature
duties
sheriff
acts
may
fairly
said
represent
county
official
policy
respect
specific
subject
matter
based
upon
examination
ohio
law
appeals
found
clea
sheriff
prosecutor
county
officials
authorized
establish
official
policy
hamilton
county
respect
matters
law
enforcement
notwithstanding
conclusions
however
found
pembaur
claim
county
properly
dismissed
believe
pembaur
failed
prove
existence
county
policy
case
pembaur
claims
deputy
sheriffs
acted
pursuant
policies
sheriff
prosecutor
forcing
entry
medical
center
pembaur
failed
establish
however
anything
one
occasion
prosecutor
sheriff
decided
force
entry
office
single
discrete
decision
insufficient
establish
prosecutor
sheriff
implementing
governmental
policy
ibid
omitted
emphasis
original
ii
analysis
must
begin
proposition
congress
intend
municipalities
held
liable
unless
action
pursuant
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municipal
policy
nature
caused
constitutional
tort
monell
new
york
city
dept
social
services
read
opinion
appeals
held
single
decision
take
particular
action
although
made
municipal
policymakers
establish
kind
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policy
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monell
predicate
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liability
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referring
monell
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examination
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monell
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demonstrates
appeals
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holding
monell
case
responsibility
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held
local
government
units
made
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rights
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pape
second
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monell
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little
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appeals
erred
dismissing
petitioner
claim
county
deputy
sheriffs
attempted
serve
capiases
petitioner
clinic
found
difficult
situation
unsure
proper
course
action
follow
sought
instructions
supervisors
instructions
received
follow
orders
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prosecutor
prosecutor
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law
commanded
officers
forcibly
enter
petitioner
clinic
decision
directly
caused
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petitioner
fourth
amendment
rights
respondent
argues
county
prosecutor
lacked
authority
establish
municipal
policy
respecting
law
enforcement
practices
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sheriff
may
establish
policy
respecting
practices
respondent
suggests
county
prosecutor
merely
rendering
legal
advice
ordered
deputy
sheriffs
go
get
witnesses
consequently
argument
concludes
action
individual
deputy
sheriffs
following
advice
forcibly
entering
petitioner
clinic
pursuant
properly
established
municipal
policy
might
inclined
agree
respondent
thought
prosecutor
rendered
legal
advice
however
appeals
concluded
based
upon
examination
ohio
law
county
sheriff
county
prosecutor
establish
county
policy
appropriate
circumstances
conclusion
question
ohio
rev
code
ann
provides
county
officers
may
require
instructions
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prosecutor
matters
connected
official
duties
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office
procedure
sheriff
office
referred
matter
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followed
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department
followed
practice
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thing
case
decline
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respondent
invitation
overlook
delegation
authority
disingenuously
labeling
prosecutor
clear
command
mere
legal
advice
ordering
deputy
sheriffs
enter
petitioner
clinic
county
prosecutor
acting
final
decisionmaker
county
county
may
therefore
held
liable
decision
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
hamilton
county
prosecutor
leis
made
defendant
counsel
petitioner
believed
leis
absolutely
immune
mar
express
view
correctness
evaluation
cf
imbler
pachtman
leaving
open
question
prosecutor
immunity
acts
role
administrator
investigative
officer
rather
advocate
found
city
policy
respecting
use
force
serving
capiases
well
policy
aiding
county
police
based
conclusion
testimony
cincinnati
chief
police
myron
leistler
stated
policy
department
take
whatever
steps
necessary
including
forcing
doors
serve
arrest
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illinois
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