Difference between revisions of "42 U.S.C. § 1983"
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We hold that municipal liability under 1983 attaches where - and only where - a deliberate choice to follow a course of action is made from among various alternatives by the official or officials responsible for establishing final policy with respect to the subject matter in question.<ref>Pembaur v. City of Cincinnati, 475 U.S. 469 (1986)</ref></blockquote> | We hold that municipal liability under 1983 attaches where - and only where - a deliberate choice to follow a course of action is made from among various alternatives by the official or officials responsible for establishing final policy with respect to the subject matter in question.<ref>Pembaur v. City of Cincinnati, 475 U.S. 469 (1986)</ref></blockquote> | ||
| − | *'''Failure to Train''' - | + | *'''Failure to Train''' - A municipality may be liable for a tort committed by an employee if the city could have prevented the injury through training. |
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| + | <blockquote> "The inadequacy of police training may serve as the basis for 1983 liability only where the failure to train in a relevant respect amounts to deliberate indifference to the constitutional rights of persons with whom the police come into contact... Only where a failure to train reflects a "deliberate" or "conscious" choice by the municipality can the failure be properly thought of as an actionable city 'policy.'</blockquote> | ||
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| + | <blockquote>Moreover, the identified deficiency in the training program must be closely related to the ultimate injury. Thus, respondent must still prove that the deficiency in training actually caused the police officers' indifference to her medical needs. To adopt lesser standards of fault and causation would open municipalities to unprecedented liability under 1983; would result in de facto respondeat superior liability...; would engage federal courts in an endless exercise of second-guessing municipal employee-training programs, a task that they are ill suited to undertake; and would implicate serious questions of federalism."<ref>City of Canton, Ohio v. Harris et al., 489 US 378 (1989)<Ref></blockquote> | ||
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*'''Negligent Hiring''' - | *'''Negligent Hiring''' - | ||
