The Limits of Policy


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Unformatted text preview: hat happens, for example, if the policymaker takes an action, clearly within the scope of policymaking authority and, as a result, constitutional injury results? If the action is one that is clearly considered policy, should the municipality be held accountable? Does it matter whether the action is an isolated action or a recurring action? Does it matter whether the injury occasioned by the action is foreseeable? Foreseeable to what extent? Bryan County v. Brown (1997) (1997) The case addresses one final policymaker issue, which is whether a municipality, a county in this case, can be held liable for an underlying constitutional violation based on the county sheriff’s single act in making a bad hiring decision? Ultimately, the case attempts to resolve how the “deliberate indifference” standard for municipal liability, enunciated in City of Canton v. Harris, should be interpreted. As in Pembaur, the constitutional injury in the Bryan County case resulted from a single act by a policymaker. Unlike Pembaur, however, the act in the...
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