Difference between revisions of "42 U.S.C. § 1983"
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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> | <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> | ||
| − | *'''Negligent Hiring''' -Where adequate scrutiny of an applicant's background would lead a reasonable policymaker to conclude that the plainly obvious consequence of the decision to hire the applicant would be the deprivation of a third party's federally protected right, an official's failure to adequately scrutinize the applicant's background may constitute "deliberate indifference". <ref> Board of the County Commissioners of Bryan County, Oklahoma v. Brown, 520 U.S. 397 (1997)</ref> | + | *'''Negligent Hiring''' - Where adequate scrutiny of an applicant's background would lead a reasonable policymaker to conclude that the plainly obvious consequence of the decision to hire the applicant would be the deprivation of a third party's federally protected right, an official's failure to adequately scrutinize the applicant's background may constitute "deliberate indifference". <ref> Board of the County Commissioners of Bryan County, Oklahoma v. Brown, 520 U.S. 397 (1997)</ref> |
