Statutory Interpretation – Local-government Policy – Illegal Acts

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7^th Circuit Court of Appeals

Case Name: Amanda Maxwell Burger v. County of Macon, et al.

Case No.: 18-3430

Officials: EASTERBROOK, KANNE, and BRENNAN, Circuit Judges.

Focus: Statutory Interpretation – Local-government Policy – Illegal Acts

Under Monell v. New York City Department of Social Services, 436 U.S. 658 (1978), local governments may be liable for violating individuals’ rights guaranteed by federal law. But local governments are responsible only for “their own illegal acts”; they are not responsible for others’ acts falling outside an official local-government policy. Pembaur v. City of Cincinnati, 475 U.S. 469, 479 (1986).

After Amanda Burger was fired from her job at the State’s Attorney’s Office in Macon County, Illinois, she sued the county for allegedly firing her in violation of her federal constitutional rights. The district court dismissed the case, concluding that Burger failed to state a federal claim against the county. Because the alleged illegal conduct was directed by an officer of the State of Illinois, and not Macon County, we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.