The following excerpt is from Gonzalez v. Alva, CASE NO: 11-CV-2846 W (WVG) (S.D. Cal. 2013):
A plaintiff may establish municipal liability if it can prove that a municipality's omissions, such as a failure to supervise and discipline, render it responsible for a constitutional violation even though the municipality's policies are facially constitutional. Gibson v. County of Washoe, Nev., 290 F.3d 1175,1186 (9th Cir. 2002). In order to do so, a plaintiff must show that (1) the municipality's deliberate indifference to citizens' constitutional rights led to its failure to supervise or discipline, and (2) the failure to supervise or discipline caused a municipal employee to commit the constitutional violation the plaintiff suffered. Id. To prove a municipality's deliberate indifference, plaintiff must show that the municipality was on actual or constructive notice that its failure to supervise or discipline would likely result in a constitutional violation. Id.
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