The Limits of Policy

Thebryancountycasethuscreatesaverydifficult

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Unformatted text preview: tiff. The connection between the background of the particular applicant and the specific constitutional violation alleged must be strong.” Jill Brown did not contend that Sheriff Moore's hiring practices were generally defective. She, in fact, suggested that Moore had adequately screened the backgrounds of all prior deputies he hired before Burns. Nonetheless, she tried to trace liability to a single deviation from his ordinary hiring practices. The Supreme Court noted that where the claim of municipal liability rests on a single decision, which does not itself represent a violation of federal law and which does not itself direct a violation of federal law, there is a great danger that the municipality will be held liable without fault; that is, on a respondeat superior basis. Where the policymaker’s decision relates to a single case, the policymaker is not on notice that previous violations of federal law have occurred, or that the decisionmaker’s practices are inadequate then municipal liability can not attach. The Bottom Line The The...
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This note was uploaded on 06/06/2011 for the course CRJU E491P taught by Professor Smith during the Spring '11 term at South Carolina.

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