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Abstract

The article argues that the Second Circuit's recent decisions in Clinton v. City of New York and Monzon v. City of New York reduce the effectiveness of a §1983 claim against a municipality. The article highlights that the element of subjectivity required to determine the accrual period of a §1983 claim restricts the utility of the claim because it adopts a cultural standard at odds with a racialized societal reality. The author discusses whether consideration of plaintiffs' testimony, statements of state and local police officials, and media coverage of municipal and state employee actions should factor into determining the accrual of a §1983 claim. The article concludes suggesting that courts adhere to a theory of notice of a §1983 claim founded on facts connecting the municipal action to the plaintiff's injury, instead of basing notice on inferences regarding connections between individual municipal actors and the municipality.

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