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The Limits of Policy


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Unformatted text preview: Every injury suffered at the hands of a municipal employee can be traced to a hiring decision in a “but­for” sense: But for the municipality's decision to hire the employee, the plaintiff would not have suffered the injury. To prevent municipal liability for a hiring decision from collapsing into respondeat superior liability, a court must carefully test the link between the policymaker's inadequate decision and the particular injury alleged.” Deliberate Indifference Deliberate “[A] showing of an instance of inadequate screening is not enough to establish ‘deliberate indifference.’ … A plaintiff must demonstrate that a municipal decision reflects deliberate indifference to the risk that a violation of a particular constitutional or statutory right will follow the decision.” “[A] finding of culpability simply cannot depend on the mere probability that any officer inadequately screened will inflict any constitutional injury. Rather, it must depend on a finding that this officer was highly likely to inflict the particular injury suffered by the plain...
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