to him by the constitution and laws of the United States and (2) the officer responsible for the deprivation is not entitled to qualified immunity because the right violated was clearly established at the time of the violation. See Wilson v. Layne, 526 U.S. 603, 119 S.Ct. 1692, 1696-97, 143 L.Ed.2d 818 (1999) (noting that the first step in evaluating a qualified immunity defense to a § 1983 claim is to “determine whether the plaintiff has alleged the deprivation of an actual constitutional right at all”). A municipality may be liable under § 1983 only if (1) the plaintiff suffered a deprivation of rights secured to him by the constitution and laws of the United States and (2) the violation occurred pursuant to an official policy or custom. See Owen, 445 U.S. at 657-58, 100 S.Ct. 1398 (<HOLDING>) (quoting Monell v. Department of Soc. Servs.,
holding that a municipality may only be held liable under  1983 for a policy practice or custom holding that a municipality may not assert the defense of qualified immunity but may be held liable under  1983 only for a constitutional deprivation inflicted by the execution of a governments policy or custom whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy  holding that a municipality may be held liable as a person under  1983 holding that a municipality may be sued as a person under 42 usc  1983 when the municipalitys policy or custom whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy inflicts a constitutional injury holding that a municipality cannot be held liable for an official policy or custom if it has been determined that the individual defendants did not violate the plaintiffs constitutional rights