What is the test for finding a municipality liable for failing to act in a civil case?

MultiRegion, United States of America

The following excerpt is from Brown v. United States, CASE NO. 1:11-CV-01562-MJS (PC) (E.D. Cal. 2012):

To find a municipality liable for a failure to act, the plaintiff must show that an employee of the municipality violated his constitutional rights, that the customs or policies of the municipality amount to deliberate indifference, and those "customs or policies were the moving force behind" the violation of plaintiff's constitutional rights. Long v. County of Los Angeles, 442 F.3d 1178, 1186 (9th Cir. 2006). For a custom or policy to be the moving force behind the constitutional violation, it must be "closely related to the ultimate injury." Long, 442 F.3d at 1190.

Other Questions


Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
What is the test for finding a municipality liable for failing to act in the context of a civil case? (MultiRegion, United States of America)
How has the pleading standard been interpreted in civil civil cases in the context of civil civil litigation? (MultiRegion, United States of America)
In a civil case brought by a plaintiff, who alleges that the county failed to properly train for the purpose of enforcing her civil rights, is a county liable for the violation of her constitutional rights? (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)
Is a government official liable for civil damages if they are found guilty of gross negligence in a civil case? (MultiRegion, United States of America)
What is the test for a government official to be held liable for civil damages in a civil case? (MultiRegion, United States of America)
What is the test for finding a finding in a motion seeking to apply section 2D1.1(b)(1) of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the defense of a plaintiff in a civil case arising under Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the test for whether a plaintiff in a civil case in the US Supreme Court has been found to be a defendant in a federal 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.