Section 3617

Citation: Section 3617
Parent Document: Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Jurisdiction: United States (federal)
Effective Date: 1998-12-02
Original Source: https://www.courtlistener.com/opinion/73387/gonzalez-v-lee-county-housing-authority/ ↗

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. The Supreme Court’s reasoning in subsequent cases confirms its analysis in Scheuer. For example, in Owen v. City of Independence, 445 U.S. 622, 638, 100 S.Ct. 1398, 1409, 63 L.Ed.2d 673 (1980), the Court stated: "Where the immunity claimed by the defendant was well established at common law at the time § 1983 was enacted, and where its rationale was compatible with the purposes of the Civil Rights Act, we have construed the statute to incorporate that immunity.” Likewise, in City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 101 S.Ct. 2748, 69 L.Ed.2d 616 (1981), the Court held that municipalities are immune from punitive damages in actions brought under § 1983 because: (1) municipalities enjoyed that immunity at common law, see id. at 259-63, 101 S.Ct. at 2756-58; (2) neither the language nor legislative history of § 1983 demonstrates Congress’s intent to abolish that immunily, see id. at 263-66, 101 S.Ct. at 2758-59; and (3) such immunity is compatible with the policy goals of § 1983, see id. at 266-71, 101 S.Ct. at 2759-62.

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