whose names had been randomly drawn from the wheel. Counsel further indicated his client, Vallorie Clark, is black. The Court instructed counsel to file whatever he wished and stated, “[a]nd we’ll deal with it before 10 o’clock [tomorrow]. We’ll deal with it.” Following further voir dire and challenges for cause in Rizzoli, sixteen names, including that of one black, were selected from the wheel. In exercising the defendants’ peremptory challenges, the assistant City attorney excluded the black prospective juror from jury service. The plaintiff in Rizzoli is white. The Court then proceeded with jury selection in Simmons, a ease in which the Court had, on June 16, 1986, dismissed the Monell count. See Monell v. Dept. of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (<HOLDING>). Following further voir dire and challenges
holding that a municipality may be held liable as a person under  1983 holding that a municipality may only be held liable under  1983 for a policy practice or custom holding inter alia that a municipality cannot be held liable under section 1983 on a respondeat superior theory holding that a municipality may not be held liable under section 1983 under a theory of respondeat superi or but may be liable for policies or customs that violate an employees constitutional rights holding that municipality may not be held liable under  1983 upon theory of respondeat superior