Municipal Liability Claims under 42 USC 1983 – Issues and Concerns
“Deliberate Indifference” as a Workable Standard of Conduct for Municipal Liability – Canton v. Harris and its offspring, Canton, Bryan County, and Connick….

Single Incident Monell Liability Threatens to Create Strict Liability in 42 USC 1983 Litigation
• Circuit Court split.
• Expert evidence / testimony can substitute for the policy, pattern or practice, or custom.

How can a personal standard of conduct “deliberate indifference” be superimposed on a municipality in the first place?

Does Los Angeles v. Heller really mean that if there is no individual constitutional violation on the part of the municipality’s employees, then there can be no “municipal” liability under the applicable constitutional standard.
• The “collective conscience” theory of liability.
• Circuit Court split.

How does the 14th Amendment “substitute” for the Eighth Amendment in pre-trial detainee claims against municipalities for failure to protect and conditions of confinement litigation in correctional facilities / jails, etc.
• Traditionally 42 USC 1983 has to be tethered to a “bill of rights” violation, first, fourth, eighth amendment, which have built in standards; 14th amendment is not such a “right” in and of itself.
• State tort law usually serves as the anchor point; 14th amendment claim has no such tether to 42 USC 1983 (so, where’s the tort?)

How can a personal standard of conduct “deliberate indifference” be superimposed on a municipality in the first place?
Individual standards changing, see Kingsley (Roberts statement); Costa coming back up?
• What about subjective / objective after Kingsley
• Fourth Amendment or Fourteenth – failure to protect / excessive force claims and the problem with imposing liability in the correctional environment.
• Is it “clearly established” right, duty, or law? Clearly established and qualified immunity.
• Municipal jails cannot serve as surrogates for mental health treatment facilities.

Speaker: Carson J. Tucker

2017 Distance Learning