OR · 42usc1983:policy.failure-to-train
Under City of Canton v. Harris (489 U.S. 378 (1989)) and Connick v. Thompson (563 U.S. 51 (2011)), failure to train is actionable only where it amounts to "deliberate indifference to the rights of persons with whom the [untrained employees] come into contact" and a municipal employee actually committed an underlying constitutional violation.
Exact element source
custom, or usage,Source:
docroot/ir/usc/title42.jsonl#title42_sec1983; Unicode character offsets [115:132] (end exclusive); SHA-256 88fe01322b9d94860a669ec452f558146e2745845070bc43583671ce12acb2bb.Routes and case patterns
| Route | Definition | Merits instance blocks | Distinct merits cases | Examples (up to 3 cases per count group) |
|---|---|---|---|---|
| _derivative accepted; provisional (1 case) | The element stands or falls with another element or claim and receives no independent analysis. | 1 Satisfied 0; not satisfied 1; excluded context 0 | 1 | Dye v. City of Warren — 367 F. Supp. 2d 1175 (2005) · United States District Court for the Northern District of Ohio · 2005 — not · law (42usc1983: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed) · applied/merits · counted |
| _whole accepted; 2 observed cases | The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element. | 1 Satisfied 1; not satisfied 0; excluded context 1 | 1 | Collins v. City of Harker Heights — 503 U.S. 115 (1992) · Supreme Court of the United States · 1992 — satisfied · assumed (42usc1983: author: Fable · not independently reviewed) · applied/merits · counted Dye v. City of Warren — 367 F. Supp. 2d 1175 (2005) · United States District Court for the Northern District of Ohio · 2005 — not · no-evidence (42usc1983: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed) · applied/alternative · not counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| Dye v. City of Warren — 367 F. Supp. 2d 1175 (2005) · United States District Court for the Northern District of Ohio · 2005 — not · law (42usc1983: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed) | Municipal failure to train or supervise amounting to deliberate indifference (City of Canton v. Harris) | not Counted merits instance applied / merits basis: law; party: City of Warren; count: Count III, Monell failure to train (City); theory: derivative of the officers' violation (Heller): no underlying constitutional violation, no municipal liability; subject: party=City of Warren; count=Count III, Monell failure to train (City); theory=derivative of the officers' violation (Heller): no underlying constitutional violation, no municipal liability Heller rule: no constitutional violation by an employee, so no municipal liability; the policy element itself is not examined on this route. A footnote notes that officer immunity alone would NOT have shielded the city. | derivative-of-deprivation/derivative-claim-falls-with-officer-claim | A plaintiff suing a municipality under Section 1983 for the acts of one of its employees must prove: (1) that a municipal employee committed a constitutional violation, and (2) that a municipal policy or custom was the moving force behind the constitutional deprivation.Source: docroot/ir/caselaw/f_supp_2d_367.jsonl#/f-supp-2d/367/1175-01; Unicode character offsets [39812:40082] (end exclusive); SHA-256 a691ce28535a7c307a739684761f22ce436f22e5bc46c2a6c0235a33bf67199f.It is well established that a municipality cannot be held liable under Section 1983 for the acts of an employee where the municipal employee committed no constitutional violation.Source: docroot/ir/caselaw/f_supp_2d_367.jsonl#/f-supp-2d/367/1175-01; Unicode character offsets [40372:40551] (end exclusive); SHA-256 a691ce28535a7c307a739684761f22ce436f22e5bc46c2a6c0235a33bf67199f.This Court’s finding that Chief Mandopoulos did not use excessive force against Mr. Dye as a constitutional matter precludes a finding in favor of the plaintiff on his Fourth Amendment claim against the City.Source: docroot/ir/caselaw/f_supp_2d_367.jsonl#/f-supp-2d/367/1175-01; Unicode character offsets [42192:42400] (end exclusive); SHA-256 a691ce28535a7c307a739684761f22ce436f22e5bc46c2a6c0235a33bf67199f. |
| Dye v. City of Warren — 367 F. Supp. 2d 1175 (2005) · United States District Court for the Northern District of Ohio · 2005 — not · no-evidence (42usc1983: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed) | Municipal failure to train or supervise amounting to deliberate indifference (City of Canton v. Harris) | not Excluded from merits counts applied / alternative basis: no-evidence; party: City of Warren; count: Count III, Monell failure to train (City); theory: Canton deliberate indifference (footnote: "Additionally..."); subject: party=City of Warren; count=Count III, Monell failure to train (City); theory=Canton deliberate indifference (footnote: "Additionally...") Independent second ground, given in a footnote: even apart from Heller, plaintiff answered the summary-judgment motion with no evidence of deliberate indifference. Split from the Heller block in v1 (QA1). | failure-to-train/no-showing-need-for-training-was-obvious | Mr. Dye failed to make any showing that the purported need for a policy or additional training was "so obvious, and the inadequacy so likely to result in the violation of constitutional rights,” that the city was “deliberately indifferent to the need.”Source: docroot/ir/caselaw/f_supp_2d_367.jsonl#/f-supp-2d/367/1175-01; Unicode character offsets [50200:50452] (end exclusive); SHA-256 a691ce28535a7c307a739684761f22ce436f22e5bc46c2a6c0235a33bf67199f. |
| Collins v. City of Harker Heights — 503 U.S. 115 (1992) · Supreme Court of the United States · 1992 — satisfied · assumed (42usc1983: author: Fable · not independently reviewed) | Municipal failure to train or supervise amounting to deliberate indifference (City of Canton v. Harris) | satisfied Counted merits instance applied / merits basis: assumed Policy element assumed arguendo; the point of the opinion is that Canton "deliberate indifference" goes to municipal responsibility only and does not supply the underlying constitutional violation. | failure-to-train/deliberate-indifference-to-employee-safety | The complaint also alleged that a prior incident had given the city notice of the risks of entering the sewer lines and that the city had systematically and intentionally failed to provide the equipment and training required by a Texas statute.Source: docroot/ir/caselaw/us_503.jsonl#/us/503/0115-01; Unicode character offsets [1305:1549] (end exclusive); SHA-256 cdcb0d53dc7d297333c59be23c4699c1e9264a24434e59748ddb5fbaeb69f046.The city is not vicariously liable under §1983 for the constitutional torts of its agents: It is only liable when it can be fairly said that the city itself is the wrongdoer.Source: docroot/ir/caselaw/us_503.jsonl#/us/503/0115-01; Unicode character offsets [8208:8382] (end exclusive); SHA-256 cdcb0d53dc7d297333c59be23c4699c1e9264a24434e59748ddb5fbaeb69f046.Instead, we concluded that if a city employee violates another’s constitutional rights, the city may be liable if it had a policy or custom of failing to train its employees and that failure to train caused the constitutional violation.Source: docroot/ir/caselaw/us_503.jsonl#/us/503/0115-01; Unicode character offsets [10489:10725] (end exclusive); SHA-256 cdcb0d53dc7d297333c59be23c4699c1e9264a24434e59748ddb5fbaeb69f046.We assume for the purpose of decision that the allegations in the complaint are sufficient to provide a substitute for the doctrine of respondeat superior as a basis for imposing liability on the city for the tor-tious conduct of its agents, but that assumption does not confront the question whether the complaint has alleged a constitutional violation.Source: docroot/ir/caselaw/us_503.jsonl#/us/503/0115-01; Unicode character offsets [11573:11927] (end exclusive); SHA-256 cdcb0d53dc7d297333c59be23c4699c1e9264a24434e59748ddb5fbaeb69f046. |
Court interpretations
interpretation
Instead, we concluded that if a city employee violates another’s constitutional rights, the city may be liable if it had a policy or custom of failing to train its employees and that failure to train caused the constitutional violation.
Collins v. City of Harker Heights — 503 U.S. 115 (1992) · Supreme Court of the United States · 1992 (42usc1983: author: Fable · not independently reviewed)
Instead, we concluded that if a city employee violates another’s constitutional rights, the city may be liable if it had a policy or custom of failing to train its employees and that failure to train caused the constitutional violation.Source:
docroot/ir/caselaw/us_503.jsonl#/us/503/0115-01; Unicode character offsets [10489:10725] (end exclusive); SHA-256 cdcb0d53dc7d297333c59be23c4699c1e9264a24434e59748ddb5fbaeb69f046.Under City of Canton v. Harris (489 U.S. 378 (1989)) and Connick v. Thompson (563 U.S. 51 (2011)), failure to train is actionable only where it amounts to "deliberate indifference to the rights of persons with whom the [untrained employees] come into contact" and a municipal employee actually committed an underlying constitutional violation.
interpretation
A plaintiff suing a municipality under Section 1983 for the acts of one of its employees must prove: (1) that a municipal employee committed a constitutional violation, and (2) that a municipal policy or custom was the moving force behind the constitutional deprivation.
Dye v. City of Warren — 367 F. Supp. 2d 1175 (2005) · United States District Court for the Northern District of Ohio · 2005 (42usc1983: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed)
A plaintiff suing a municipality under Section 1983 for the acts of one of its employees must prove: (1) that a municipal employee committed a constitutional violation, and (2) that a municipal policy or custom was the moving force behind the constitutional deprivation.Source:
docroot/ir/caselaw/f_supp_2d_367.jsonl#/f-supp-2d/367/1175-01; Unicode character offsets [39812:40082] (end exclusive); SHA-256 a691ce28535a7c307a739684761f22ce436f22e5bc46c2a6c0235a33bf67199f.Under City of Canton v. Harris (489 U.S. 378 (1989)) and Connick v. Thompson (563 U.S. 51 (2011)), failure to train is actionable only where it amounts to "deliberate indifference to the rights of persons with whom the [untrained employees] come into contact" and a municipal employee actually committed an underlying constitutional violation.
interpretation
It is well established that a municipality cannot be held liable under Section 1983 for the acts of an employee where the municipal employee committed no constitutional violation.
Dye v. City of Warren — 367 F. Supp. 2d 1175 (2005) · United States District Court for the Northern District of Ohio · 2005 (42usc1983: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed)
It is well established that a municipality cannot be held liable under Section 1983 for the acts of an employee where the municipal employee committed no constitutional violation.Source:
docroot/ir/caselaw/f_supp_2d_367.jsonl#/f-supp-2d/367/1175-01; Unicode character offsets [40372:40551] (end exclusive); SHA-256 a691ce28535a7c307a739684761f22ce436f22e5bc46c2a6c0235a33bf67199f.Under City of Canton v. Harris (489 U.S. 378 (1989)) and Connick v. Thompson (563 U.S. 51 (2011)), failure to train is actionable only where it amounts to "deliberate indifference to the rights of persons with whom the [untrained employees] come into contact" and a municipal employee actually committed an underlying constitutional violation.