Returning Subscriber?
Not a Subscriber to Litigation Pathfinder?
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!
Issue: Under Federal Law, Whether Violations of a Plaintiff’s Constitutional Rights Were the Result of a Policy of the Jail or a Custom of the County.
| Area of Law: | Constitutional Law, Government Claims, Litigation & Procedure |
| Keywords: | County's Liability for violations of constitutional rights; Inaction or laxness; Requirement of a "custom" or "policy" |
| Jurisdiction: | Federal |
| Cited Cases: | 28 F.3d 802; 954 F.2d 1470; 489 U.S. 378; 36 F.3d 775; 142 F.3d 791; 520 U.S. 397; 915 F.2d 845 |
| Cited Statutes: | None |
| Date: | 06/01/2000 |
Inaction or laxness, including a failure to adopt necessary procedures, a failure to train or a failure to supervise can constitute the requisite “custom” or “policy.” See TA s "City of Canton v. Harris, 489 U.S. 378, 390-91 (1989" c 1 l "City of Canton v. Harris, 489 U.S. 378 (1989)"City of Canton v. Harris, 489 U.S. 378, 390-91 (1989); TA s "Tilson v. Forest City Police Dep’t, 28 F.3d 802, 806" c 1 l "Tilson v. Forest City Police Dep’t, 28 F.3d 802 (8th Cir. 1994)"Tilson v. Forest City Police Dep’t, 28 F.3d 802, 806-07 (8th Cir. 1994). Further, where there is laxness or inaction on the part of the official who has final decision-making authority, the county he represents may be liable. TA s "Oviatt ex rel. Waugh v. Pearse, 954 F.2d 1470, 1477 " c 1 l "Oviatt ex rel. Waugh v. Pearse, 954 F.2d 1470 (9th Cir. 1992)"Oviatt ex rel. Waugh v. Pearse, 954 F.2d 1470, 1477 (9th Cir. 1992); TA s "Bordonano v. McLeod, 871 F.2d 1151, 1158-60 (1st Cir" c 1 l "Bordonano v. McLeod, 871 F.2d 1151 (1st Cir. 1989)"Bordonano v. McLeod, 871 F.2d 1151, 1158-60 (1st Cir. 1989).
In such cases, to establish the county’s liability Plaintiff must show that the policy “reflects deliberate indifference to the risk that a violation of a […]