Topic III: Right of Action Against State Actor for Federal Constitutional Violation Flashcards
(37 cards)
What are the key parts of a 1983 action?
(1) violation of federal law by a state actor
(2) plaintiffs compliance with requirements “inside” 1983
(3) defendants entitlement to immunity
What is a bystander claim?
When an officer has a realistic opportunity to intervene to prevent the harm from occurring (ex: Yang v. Hardin)
What is a Supervisory claim?
A supervisor can be held liable for deliberate indifference to documented and widespread abuse, as long as there is a definitive link between the supervisory failure and the constitutional violation
What is indemnity?
When the government covers the cost or expense arising out of the verdict. Police officers are virtually all indemnified.
What suits against entities are cognizable?
“MCAP”
(1) municipalities
(2) counties
(3) agency of city/county
(4) private entity acting on behalf of a government entity
what suits against entities are not cognizable?
“SAC”
(1) state
(2) agency of state
(3) county or city doing state level work
What does it take to state a claim against a suable entity?
“ESCF”
(1) Express policy
(2) Single act of policymaker
(3) Custom
(4) Failure to train or screen
What is an express policy?
(1) written down (usually)
(2) unconstitutional on its face
What is an example of an express policy?
Monell, where they forced all the pregnant ladies to take unpaid leave
What is a single act of a policymaker?
(1) person is actually a policymaker
(2) state and local law delegates that policymaking authority to them
What is an example of a policymaker?
Pembaur, where the prosecutor had the final authority and responsibility to decide what the officers could do and told them it was okay to break down the door
What are the elements of a custom claim?
(1) prior pattern of similar unconstitutional conduct
(2) actual or constructive knowledge of pattern by final policymaker
(3) failure of final policymaker to reasonably respond
What is one way to test a custom claim?
Determine the reasonable response to the pattern and whether that response would have averted the constitutional violation suffered by the plaintiff
What is the pattern of misconduct is confined to a single officer?
The customs claim will fail
What if a supervisor is not a final policymaker?
then the customs claims brought against them will fail
Can you bring a supervisory claim against a final policymaker for a customs claim?
Yes, in their individual capacity!
What are the “failure to…” categories?
(1) Train prior pattern
(2) Train single incident
(3) Screen in hiring
What are the elements for failure to train prior pattern claims?
Same as custom!
(1) prior pattern of similar unconstitutional conduct
(2) actual or constructive knowledge of pattern by final policymaker
(3) failure of final policymaker to reasonably respond
What is an example of a failure to train prior pattern claim?
Canton, where the officers didn’t call for medical help for the person while they were in custody
What are the elements for failure to train single incident?
(1) obvious need for special legal training to avoid constitutional injury
(2) actual or constructive knowledge of pattern by final policymaker
(3) failure of final policymaker to reasonably respond
What is an example of failure to train single incident?
Connick, where there were Brady violations over the span of 10 years. Turns on the level of detail the harm and training were defined.
What are the elements for failure to screen in hiring?
(1) Breach: final policymaker knew or should have known that hiring a particular officer was a risk of harm to the public
(2) Causation: harm suffered by the plaintiff was plainly obvious consequence of hiring the officer
Which “failure to” is used to target a program?
Prior pattern
Which “failure to” is used to target a decision?
screen in hiring
