Praprotnik v. City of St. Louis

879 F.2d 1573, 1989 WL 65742
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 21, 1989
DocketNos. 85-1145, 85-1267 and 85-1268
StatusPublished
Cited by13 cases

This text of 879 F.2d 1573 (Praprotnik v. City of St. Louis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Praprotnik v. City of St. Louis, 879 F.2d 1573, 1989 WL 65742 (8th Cir. 1989).

Opinions

ROSS, Senior Circuit Judge.

This case is before us after reversal and remand from the United States Supreme [1574]*1574Court. City of St. Louis v. Praprotnik, 485 U.S. 112, 108 S.Ct. 915, 99 L.Ed.2d 107 (1988). The Supreme Court, in a plurality opinion, held that this court had applied an improper legal standard for determining municipal liability, and reversed this court’s finding that the City of St. Louis was liable under 42 U.S.C. § 1983 for the decisions of its subordinate city officials to transfer and later terminate James H. Praprotnik, the appellee. See Praprotnik v. City of St. Louis, 798 F.2d 1168, 1173-75 (8th Cir.1986) (applying a standard under which a municipal “policymaker” is one whose employment decisions are not subjected to de novo review by higher-ranking officials). Applying the principles set forth in Pembaur v. City of Cincinnati, 475 U.S. 469, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986), the Supreme Court concluded that municipalities, such as St. Louis, cannot be charged with the alleged wrongful actions of its employees unless the particular acting city officials in question have acted pursuant to an unconstitutional municipal policy and have been granted final policymaking authority for making policy in that area of the city’s business under state or local law. Finding no' evidence of an unconstitutional municipal policy or evidence that final poli-cymaking authority actually rested with the supervisors responsible for Praprot-nik’s transfer and termination, the Supreme Court reversed and remanded the case for further review of the record and state law.

On remand the parties were asked to further brief whether Praprotnik’s layoff was ordered pursuant to an unconstitutional city policy by an official or officials with final policymaking authority or as the result of any such official’s improper motivations. Oral argument was heard on September 19, 1988 and the matter was submitted for the court’s consideration.

DISCUSSION

We begin by considering the guiding principles for determining when the acts of a city official will be considered the acts of the city itself for purposes of municipal liability under § 1983. Those principles were summarized by Justice O’Connor in Praprotnik, supra, as follows:

First, * * * municipalities may be held liable under § 1983 only for acts for which the municipality itself is actually responsible, “that is, acts which the municipality has officially sanctioned or ordered.” Second, only those municipal officials who have “final policymaking authority” may by their actions subject the government to § 1983 liability. Third, whether a particular official has “final policymaking authority” is a question of state law. Fourth, the challenged action must have been taken pursuant to a policy adopted by the official or officials responsible under state law for making policy in that area of the city’s business.

City of St. Louis v. Praprotnik, supra, 108 S.Ct. at 924 (quoting Justice Brennan’s plurality opinion in Pembaur v. City of Cincinnati, supra, 475 U.S. at 480, 482-83 & n. 12, 106 S.Ct. at 1298, 1300 & n. 12) (citations omitted) (emphasis original).

The Supreme Court emphasized that final policymaking officials are to be identified by reference to state law (including valid local ordinances and regulations). “Authority to make municipal policy may be granted directly by a legislative enactment or may be delegated by an official who possesses such authority, and of course, whether an official had final policy-making authority is a question of state law.” Id. 108 S.Ct. at 924 (quoting Pembaur v. City of Cincinnati, supra, 475 U.S. at 483, 106 S.Ct. at 1300). Thus, the Court concluded, “[TJhere can be no justification for giving a jury the discretion to determine which officials are high enough in the government that their actions can be said to represent a decision of the government itself.” Id. 108 S.Ct. at 925. The Court also emphasized that once the final policy-making officials have been identified under state law, the fact that such officials simply went along with a subordinate’s discretionary decisions, without having investigated the basis for those decisions, does not constitute a delegation of the official’s policymaking authority to the subordinate. Id. at 927. The Court noted, however, that:

[1575]*1575It would be a different matter if a particular decision by a subordinate was cast in the form of a policy statement and expressly approved by the supervising policymaker. It would also be a different matter if a series of decisions by a subordinate official manifested a “custom or usage” of which the supervisor must have been aware. In both those cases, the supervisor could realistically be deemed to have adopted a policy that happened to have been formulated or initiated by a lower-ranking official.

Id. (citations omitted).

Applying these principles to the evidence presented in this case, we conclude that Praprotnik failed to establish the elements necessary for holding the City of St. Louis liable under § 1983. First, we find that the supervisors responsible for Praprotnik’s transfer and layoff, CDA Director Frank Hamsher and H & UD Director Robert Killen, were not vested with final policy-making authority for making municipal policy in the area of personnel administration and layoffs. At most, these officials were entrusted with the authority for making discretionary personnel decisions in their departments.

Article XVIII of the St. Louis City Charter provides for a comprehensive system of personnel administration for the city. Under sections 3 and 7(a) of that article the Civil Service Commission (Commission) is empowered to make decisions with respect to the adoption, administration and enforcement of the city’s civil service rules, i.e., rules and procedures for handling personnel and employment matters. See St. Louis Civil Service Rules, App. 41-105. See also Fleming v. Holland, 260 S.W.2d 840, 841-42 (Mo.App.1953) (recognizing the Commission’s power to promulgate rules for the dismissal of an employee). The Commission is also authorized to make recommendations to the mayor and aldermen with respect to ordinances affecting personnel matters, to investigate issues affecting personnel administration, and to decide all employment matters raised on appeal from any act or decision by the Director of Personnel or appointing authority.1 City Charter, Article XVIII, § 7(b), (c), (d). In employment appeals, “[t]he decision of the [CJommission * * * shall be final,” subject only to an employee’s right of action in a court of law.2 Id. at § 7(d).

Separate from the powers granted to the Commission under § 7, the mayor and aldermen are granted the authority to enact ordinances, on recommendation of the Commission, which affect inter alia employee compensation rates, the civil service retirement system and appropriations to the department of personnel. See City Charter, Article XVIII, §§ 4 and 7(b).

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