The Limits of Policy

Harris the problem the

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Unformatted text preview: ently linked to the ultimate constitutional violation by the non­policymaking employee so as to make it the “moving force” behind Brown’s injury? The Lower Court Findings The At trial, the jury concluded that Deputy Burns had arrested Brown without probable cause and had used excessive force, and therefore found him liable for her injuries. The jury also found that the “hiring policy” and the “training policy” of Bryan County as instituted by its policymaker, Sheriff Moore, were each “so inadequate as to amount to deliberate indifference to the constitutional needs of the Plaintiff;” thus satisfying the standard as set out by the Supreme Court in City of Canton v. Harris. The Problem The “As our § 1983 municipal liability jurisprudence illustrates, however, it is not enough for a § 1983 plaintiff merely to identify conduct properly attributable to the municipality. The plaintiff must also demonstrate that, through its deliberate conduct, the municipality was the “moving f...
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