In what circumstances will a municipality be liable for failing to provide adequate police training?

MultiRegion, United States of America

The following excerpt is from Gustine v. Cnty. of San Diego, Case No. 3:19-cv-00903-LAB-NLS (S.D. Cal. 2019):

In seeking relief against a municipality, "the inadequacy of the police training may serve as the basis for 1983 liability only where the failure to train amounts to deliberate indifference to the rights of persons with whom the police come into contact." City of Canton v. Harris, 489 U.S. 378, 389 (1989). Plaintiff "must demonstrate a 'conscious' or 'deliberate' choice on the part of a municipality in order to prevail on a failure to train claim." Price v. Sery, 513 F.3d 962, 972 (9th Cir. 2008). "When city policymakers are on actual or constructive notice that a particular omission in their training program causes city employees to violate citizens' constitutional rights, the city may be deemed deliberately indifference if the policymakers choose to retain that program." Connick v. Thompson, 562 U.S. 51, 61 (2011).

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