Municipal Liability

Question 1

How are municipalities liable?

Answer 1

(1) Monell, (2) Attribution, (3) Failure to train

Question 2

Monell

Answer 2

Official policy or custom

Question 3

Official policy?

Answer 3

Ordinance, policy, regulation, rule

Question 4

Custom?

Answer 4

De facto policy; so pervasive and well-settled as to have the force of law

Question 5

Attribution

Answer 5

(1) Requires decisions made by a final policymaker - someone who cannot be meaningfully restrained in making policy
(2) Can be a single act

Question 6

Failure to train

Answer 6

Canton test:

1. Existing training is inadequate (in relation to the tasks they must perform)
2. Fault or culpability (officials must be “deliberately indifferent” to the rights of persons with whom local officials come into contact) - the need for more or different training was so obvious and inadequacy was so likely to result in the violation, that the city was deliberately indifferent to the need
3. Causation - closely related to the failure to train, “moving force?”

Question 7

Hiring decisions

Answer 7

No liability unless reasonable official would conclude that the “plainly obvious” consequence would be the deprivation of a third party’s rights

Question 8

Connick

Answer 8

Plaintiff must generally show pattern of failure to train; single incident can be enough, but highly rare