What is the test for establishing municipal liability for tortfeasors who have been found guilty of negligence?

MultiRegion, United States of America

The following excerpt is from B.T.H. v. Cnty. of Modoc, No. 2:20-cv-00566-JAM-AC (E.D. Cal. 2021):

A plaintiff may also establish municipal liability by demonstrating that: (1) the constitutional tort was the result of a longstanding practice or custom that constitutes the standard operating procedure of the local government entity; (2) the tortfeasor was an official whose acts fairly represent official policy such that the challenged action constituted official policy; (3) an official with final policy-making authority delegated that authority to, or ratified the decision of, a subordinate; or (4) the municipality failed to adequately train the tortfeasors. See Price v. Sery, 513 F.3d 962, 966 (9th Cir. 2008) (internal quotation marks and citation omitted).

Other Questions


What is the test for establishing municipal liability for tortfeasor's actions in an action brought by a plaintiff against the municipality? (MultiRegion, United States of America)
What is the test for a municipality to be held liable for negligence in a civil action brought by a plaintiff against a municipal official? (MultiRegion, United States of America)
In a motor vehicle accident case, where liability for negligence alone has been found, can a plaintiff seek punitive damages? (MultiRegion, United States of America)
What is the test for establishing that there is clear established Federal law governing the meaning of the word "clearly established federal law"? (MultiRegion, United States of America)
Is a defendant entitled to a new trial if he is found guilty of a charge of assault by reason of gross negligence? (MultiRegion, United States of America)
What is the standard of conduct of a federal judge at a hearing where a plaintiff has been found guilty of assault by reason of gross negligence? (MultiRegion, United States of America)
Are there any cases where a defendant has been found guilty of contempt of court by reason of negligence? (MultiRegion, United States of America)
What is the test for determining whether a plaintiff has been found guilty of assault by reason of gross negligence? (MultiRegion, United States of America)
Is municipal liability premised on a municipality's failure to properly train its employees to be qualified for employment? (MultiRegion, United States of America)
Is there any case law where a government official has been found guilty of gross negligence in a civil case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.