What is the test for determining whether a municipality's failure to act was a contributory factor in the failure of a third party to act on a complaint?
The following excerpt is from Turpin v. Mailet, 619 F.2d 196 (2nd Cir. 1980):
In reaching this conclusion we not only give Turpin the benefit of every reasonable inference that might be drawn from the evidence but find the proof here to be significantly distinguishable from that in cases where responsible municipal officials, aware of a pattern of unconstitutional action on the part of the municipality's officer or officers, authorize or encourage further misconduct by failing to act. See Lewis v. Hyland, supra at 101 (obliviousness and insensitivity to citizen complaints, while reinforcing an impression of official indifference, is not enough to establish a causal link
Page 204
The judgment against the City of West Haven is reversed.
* Of the United States District Court for the Southern District of New York, sitting by designation.
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