Civil Liability
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Governmental Liability: Training

     Monthly Law Journal Article: Civil Liability for Use of Deadly Force-- Part Two. Qualified Immunity and Inadequate Training, 2007 (12) AELE Mo. L.J. 101.

     Officers who arrived on the scene after the arrest, handcuffing, and use of force, could not be held liable for failure to intervene. The plaintiff failed to show any basis for holding the city liable for any violation of his rights based on inadequate training or supervision. The city and two officers were granted summary judgment and the plaintiff was allowed to go forward with his excessive force and state law assault and battery claim against a single officer who used the Taser. The court rejected the argument that the "no contest" plea in the criminal case barred the civil liability claims for excessive force. Shirley v. City of Eastpointe, #11-144297, 2013 U.S. Dist. Lexis 124169 (E.D. Mich.).
     A man and woman were attacked and bitten by the same canine unit police dog in separate incidents. A federal appeals court upheld the denial of summary judgment to the dog's handler, the chief of police, and the city on excessive force, failure to supervise, and failure to properly train claims. There was evidence that the dog was involved in biting incidents with growing frequency and that his certifications had lapsed. The handler had told supervisors that he had been unable to keep up with maintenance training of the dog and asked repeatedly for time to attend training sessions, only to have those requests denied. The handler was also not entitled to qualified immunity, since there was evidence which could be interpreted as showing that he violated clearly established law by using an inadequately trained dog to attempt to apprehend two non-fleeing suspects, and did so without giving any warnings. There were disputed facts suggesting that the police chief failed to create a needed training policy and ignored complaints about the dog. Summary judgment was also properly denied on state law assault and battery claims since there was evidence to suggest that the handler used the dog with a malicious purpose. Campbell v. City of Springboro, #11-3589, 2012 U.S. App. Lexis 24548, 2012 Fed. App. 393P (6th Cir.).
     The widow of a detective lieutenant who committed suicide argued that he had done so because of undiagnosed cumulative post-traumatic stress disorder (CPTSD). Her civil rights lawsuit against the department and its officials failed to establish that the defendants provided inadequate training on suicide prevention, suicide risk assessment, or the effects of CPTSD, in deliberate indifference to a known problem. Robischung-Walsh v. Nassau County Police Dept., #10-1596, 011 U.S. App. Lexis 8856 (Unpub. 2nd Cir.).
     In a lawsuit over a deputy's shooting and killing of an unarmed motorist following a high-speed pursuit, the trial court acted erroneously in denying a number of defendants summary judgment on the plaintiffs' inadequate training claims. Other than "bare assertions" by the plaintiffs, there was "not a scintilla" of proof that the defendants acted with deliberate indifference and thereby created a training program so deficient that it caused the motorist's death. Harvey v. Campbell County, #09-5041, 2011 U.S. App. Lexis 9656 (Unpub. 6th Cir.).
     The U.S. Supreme Court, in a 5-4 ruling, overturned a $14 million jury award to an innocent man who spent 14 years on death row before being exonerated. The plaintiff had sued the prosecutors' officer, claiming that its failure to adequately train staff members concerning the obligation not to hide a blood test that would have established his innocence caused his conviction. While the failure to train on the obligation to disclose potentially exculpatory evidence can be the basis for government liability for violation of civil rights, the plaintiff must show that this reflected a deliberate indifference to the rights of the accused, which normally requires a showing of a pattern of similar constitutional violations by untrained employees. Connick v. Thompson, #09-571, 2011 U.S. Lexis 2594.
     The U.S. Supreme Court has granted review in a case in which a federal appeals court upheld an award of $14 million in damages and approximately $1 million in attorneys' fees to a former death-row inmate whose murder and robbery convictions were overturned. Prosecutors in the case were found to have improperly withheld blood evidence that was exculpatory during the plaintiff's trial. The appeals court found that the plaintiff showed that training about the obligation to disclose exculpatory evidence was obviously necessary, and that it was predictable that failing to provide such training could result in violating the constitutional rights of defendants in criminal proceedings. The plaintiff was not required to show that a pattern of similar violations took place. The fact that an assistant district attorney violated the district attorney's policy in intentionally hiding the blood evidence did not establish that the district attorney was not deliberately indifferent in failing to provide the required training. Thompson v. Connick, #07-30443, 578 F.3d 293 (5th Cir.2009), cert. granted sub nom., Connick v. Thompson, #09-571, 2010 U.S. Lexis 2612.
     An arrestee claimed that a sheriff failed to provide necessary training to the officers under his supervision in the use of photographic lineups, and that this resulted in a confidential informant identifying him as a person who sold him drugs. Evidence showed, however, only three mistaken identifications out of hundreds made by this informant, illustrating an error rate of less than one percent. This was insufficient to show a history of widespread abuse that would have made it obvious that training procedures were needed. Rocker v. City of Ocala, Florida, #09-13827, 2009 U.S. App. Lexis 26423 (Unpub. 11th Cir.).
     Deputies pursuing two felony car burglary suspects encountered a property owner, armed, on his own property, and shot at him. In a lawsuit by the property owner, the sheriff failed to offer any evidence concerning how officers were trained on the proper use of deadly force, and admitted that the decision to use firearms was completely up to the deputies. The need to train officers in the proper use of deadly force is so obvious that the failure to do so can be characterized as deliberate indifference to constitutional rights. Deliberate indifference could also be found in the sheriff's failure to provide proper supervision and training for K-9 teams. The sheriff was denied summary judgment. Swofford v. Eslinger, #6:08-cv-00066, 2009 U.S. Dist. Lexis 111121 (M.D. Fla.).
     After leaving a club intoxicated, a man and his wife decided to sleep in their truck. The man subsequently resisted an officer's attempt to wake him, and a second officer allegedly helped to drag him out of the truck, delivering a hard knee strike to his thigh while he was handcuffed. A federal appeals court rejected an unlawful detention claim, ruling that the officers acted reasonably in connection with their concern for the safety of the man and his wife. There was a genuine issue of material fact, however, as to whether the force used, specifically the knee strike, was excessive. Summary judgment for the city was properly granted, since liability on the basis of ratification of the officers' conduct could not be imposed as there was no "extreme" factual situation, and there was also no evidence of inadequate training. While the plaintiff pointed to 27 prior complaints concerning alleged officer misconduct, this was insufficient to show a pattern of use of excessive force. Peterson v. City of Fort Worth, Texas, #08-10258, 2009 U.S. App. Lexis 25183 (5th Cir.).
     Federal appeals court upholds award of $14 million in damages and approximately $1 million in attorneys' fees to a former death-row inmate whose murder and robbery convictions were overturned. Prosecutors were found to have improperly withheld blood evidence that was exculpatory during the plaintiff's trial. The court found that the plaintiff showed that training about the obligation to disclose exculpatory evidence was obviously necessary, and that it was predictable that failing to provide such training could result in violating the constitutional rights of defendants in criminal proceedings. The plaintiff was not required to show that a pattern of similar violations took place. The fact that an assistant district attorney violated the district attorney's policy in intentionally hiding the blood evidence did not establish that the district attorney was not deliberately indifferent in failing to provide the required training. Thompson v. Connick, No. 07-30443, 2008 U.S. App. Lexis 26440 (5th Cir.).
    Homeowner who claimed that officers severely injured her while beating her during a warrant-based search of her home could not pursue Fourteenth Amendment due process claims for excessive use of force since such claims may only be brought under the Fourth Amendment. The plaintiff also failed to adequately show that the city engaged in inadequate training, supervision, or disciplining of officers and that such inadequacies caused her injuries.  Torres v. City of Allentown, Civil No. 07-1934, 2008 U.S. Dist. Lexis 50522 (E.D. Pa.).
     A mother sued a city and three city police officers for causing the death of her schizophrenic and previously suicidal son after she summoned them to her home with a 911 call. The son was then barricaded in his bedroom, refusing to leave. The officers forced opened the bedroom door and fired Tasers at him, and he was pronounced dead the next day. The plaintiff claimed that inadequate training by the city in training officers to deal with mentally ill people caused his death. The city sought to bifurcate the plaintiff's claims, with the claims against the officers being tried first, for the purpose of avoiding the burden of discovery. The court ruled that, since the mother's claim was a very specific one of inadequate training on dealing with mentally ill persons, discovery on that issue would not constitute a "significant burden" on the city, so the city's motion for bifurcation, combined with a stay of discovery, was denied. Wilson v. City of Chicago, No. 07C-1682, 2008 U.S. Dist. Lexis 60658 (N.D. Ill.).
     Union activists conducting an allegedly peaceful protest in downtown Miami, Florida claimed that officers from a county sheriff's office had detained them without probable cause while being supervised by the local police chief and police department. The police chief, in his individual capacity, was entitled to qualified immunity for claims against him based on his role as a supervisor. The plaintiffs claimed that he failed to adequately train the officers, and that a report established that he had notice of prior "widespread" unjustified arrests by police during public protests. The court stated that it found no prior case law establishing that a police chief, based on alleged past unjustified arrests by his officers, had an obligation to conduct training for "borrowed" officers concerning when to make arrests. Battiste v. Sheriff of Broward County, No. 06-14958, 2008 U.S. App. Lexis 339 (11th Cir.).
     City was entitled to partial summary judgment in lawsuit by woman over officer's alleged improper sexual behavior towards her. The court rejected the plaintiff's argument that the city's failure to produce and use training materials specifically focused on improper sexual behavior was sufficient to establish a genuine issue as to whether inadequate training caused the officer's actions. The court noted that the city had numerous policies mandating ethical conduct, including towards arrestees. Teal v. City of Houston, Civil Action H-06-3726, 2007 U.S. Dist. Lexis 80675 (S.D. Tex.).
     Federal appeals court upholds award of nominal damages and injunctive relief concerning the future training of officers in a case where officers ended a 12-hour standoff with an armed man in his apartment by tossing in gas canisters and then entering without a warrant to arrest him. Police had been called to the scene after the man had been found by a security guard drinking beer, unresponsive, and holding one of his guns in his apartment. During the 12-hour standoff, the suspect threatened to shoot a police tactical negotiator. The court found that the officers had ample time during the standoff to seek an arrest warrant, but never asked for one. Additionally, towards the end of the standoff, nothing occurred that increased the danger of the situation, since the suspect engaged in no further threatening actions. Fisher v. City of San Jose, No. 04-16095, 2007 U.S. App. Lexis 26796 (9th Cir.).
     Woman allegedly fondled by a deputy sheriff who attempted to kiss her while he had been on duty for the county failed to show that the county's lack of policies regarding sexual harassment caused his conduct. The deputy himself acknowledged that, due to his law enforcement training, he knew that it was wrong to touch females in an inappropriate manner when he came into contact with them in the course of his duties. The plaintiff was, however, awarded $25,000 against the deputy himself, who had come to her home in response to her 911 call seeking help for her brother, who had overdosed on drugs. Currie v. Haywood County, Tennessee, No. 06-5683, 2007 U.S. App. Lexis 8530 (6th Cir.).
     Two persons shot by a deputy when their pickup truck started to drive away from a traffic stop as the deputy approached adequately alleged that the county sheriff, in training programs, did not clearly define the circumstances under which deadly force could be used, and that, if any such guidelines existed, the sheriff had violated them. A relationship between the sheriff's actions and the incident was also alleged. Official capacity claims against the sheriff, however, were dismissed, as the county, which was the proper defendant, was named in the complaint. Rodriguez v. Quintero, Civil Action No. SA-06-CA-64-FB, 2007 U.S. Dist. Lexis 25296 (W.D. Tex.).   
     Estate of paranoid schizophrenic shot and killed by police who came to his house in response to a 911 call from his family requesting assistance failed to show that more adequate training as to how to respond to incidents involving mentally disturbed persons would have resulted in a different result. The court found that the officers did not create the dangerous situation. Thao v. City of St. Paul, No. 06-2339, 2007 U.S. App. Lexis 7553 (8th Cir.).
     An arrestee who was later discovered to have suffered a stroke following his arrest for driving while intoxicated failed to adequately state a claim for inadequate training against the county which employed the officers involved in his arrest. He merely made "conclusory" statements that the training was inadequate, without showing how it caused his alleged injuries. Aguilera v. County of Nassau, No. 05CV4002, 425 F. Supp. 2d 320 (E.D.N.Y. 2006). [N/R]
     Town was not liable, on the basis of alleged inadequate training, for the death of a drug-intoxicated arrestee in the course of an arrest, allegedly through positional asphyxia. The court found that the town did not have information about the risks of a cocaine-induced excited delirium and the potential serious consequences of a prone restraint of such an arrestee, and therefore did not act with deliberate indifference in failing to train its officers concerning such circumstances. Watkins v. New Castle County, No. CIV.A. 03-791, 374 F. Supp.2d 379 (D. Del. 2005). [N/R]
     The mere fact that a number of officers were involved in the warrantless arrest of residents in their home, and that a number of constitutional violations allegedly occurred during the incident was insufficient to show that the city failed to properly train and supervise the officers. There were no facts alleged to show how such purported inadequacies in training or supervision caused the plaintiffs' damages. Gast v. Singleton, No. Civ.A. G-05-427, 400 F. Supp. 2d 794 (S.D. Tex. 2005). [N/R]
     Police officer was not entitled to qualified immunity in lawsuit claiming that he shot a man attempting to peacefully leave a street party riot with a beanbag propellant gun, since the right to not be subjected to the use of non-lethal force, under such circumstances, was clearly established. There was no evidence, however, of inadequate training by the city on the use of the beanbag weapon. Ciminillo v. Streicher, No. 04-4346, 2006 U.S. App. Lexis 1020 (6th Cir.). [2006 LR Mar]
     Federal appeals court reinstates false arrest claims against police chief and officer in arrest of married couple for bank robbery based on unclear videotape and allegedly coerced confession by wife purportedly induced by threats to have a state agency take away her children unless she admitted her involvement. Court also rules that evidence presented factual issues as to whether the city had a municipal policy of deliberate indifference towards the coercing of confessions from female suspects with such tactics. Claims against city were based on both failure to train and failure to correct officers' complained of behavior. Sornberger v. City of Knoxville, No. 04-3614, 2006 U.S. App. Lexis 1394 (7th Cir.). [2006 LR Mar]
     The estate of a detainee who died after being shot by police who stopped him stated a viable claim against members of the city's Board of Police Commissioners for liability based on an alleged official policy or custom of failing to instruct and supervise the officers on the proper use of deadly force. McNeal v. Zobrist, No. CIV.A. 04-2149, 365 F. Supp. 2d 1166 (D. Kan. 2005). [N/R]
     Man exonerated, by DNA evidence, of attempted rape after serving five years of a 70 year sentence failed to show that his constitutional rights were violated, or his wrongful conviction and imprisonment caused, by improperly conducted photo arrays or lineup, destruction of evidence, racial discrimination, or claimed city policies of inadequate training and supervising of officers. Alexander v. City of S. Bend, No. 042535, 2006 U.S. App. Lexis 2 (7th Cir.). [2006 LR Feb]
     Officers were properly held liable for shooting man in the leg while he fled from the scene of an arson at a garage, when jury rejected their claim of self-defense. Federal appeals court overturns jury awards against city, mayor, and police commissioner, however, finding no evidence of inadequate training or discipline. Compensatory damages of $4 million to shot man, however, found excessive by $1 million, and awards of $500,000 to each of his parents also found excessive by $400,000 each. Punitive damage awards of $15,000 against each of two officers upheld. Whitfield v. Melendez-Rivera, No. 04-1217, 2005 U.S. App. Lexis 26549 (1st Cir.). [2006 LR Jan]
     Police officer was not entitled to summary judgment in lawsuit by arrestee claiming excessive use of force in release of police dog, when it was disputed whether or not he received a warning before the dog was released. Court finds no evidence, however, to support a claim of deliberate indifference on the part of the city in adequately training the police dog. Rather, the evidence showed both that the dog was "extensively" trained, and that the city had no awareness of any alleged "vicious" tendencies on the part of the dog. Chatman v. City of Johnstown, Pennsylvania, No. 04-3630, 131 Fed. Appx. 18 (3rd Cir. 2005). [N/R]
     City could be liable for on-duty officer's mistaken shooting and killing of an off-duty officer also responding to a disturbance at a restaurant while out of uniform. Federal appeals court finds sufficient evidence to send to a jury the question of whether the city was deliberately indifferent to the risk of "friendly fire" incidents by failing to provide adequate training on identification of off-duty officers, in light of the risks of its "always armed/always on-duty" policy. Young v. City of Providence, 404 F.3d 4 (1st Cir. 2005). [2005 LR Jun]
     Police chief and SWAT team leader were entitled to qualified immunity on claims for supervisory liability in case where SWAT officer entering residence shot and killed a man inside the home within two seconds, and the plaintiffs claimed that the decedent was unarmed. Nothing showed that they made a deliberate choice to inadequately train or supervise the officer, which caused the alleged deprivation of the decedent's rights. Estate of Davis v. City of North Richland Hills, No. 04-10036, 2005 U.S. App. Lexis 5893 (5th Cir.) [2005 LR Jun]
     Police officer's testimony that he had not been trained concerning the use of force was not sufficient to hold the city and police chief liable for other officers' alleged excessive use of force resulting in a man's death. There was no showing that the alleged failure to train the testifying officer was causally connected in any way with the actions of the officers who allegedly used force against the decedent, and no showing of a widespread pattern of similar incidents of alleged misbehavior. Dabney v. City of Mexia, No. 04-50194, 113 Fed. Appx. 599 (5th Cir. 2004). [N/R]
     Qualified immunity for off-duty officer working as a crossing guard who shot and killed motorist did not, by itself, bar a claim against a police chief for alleged inadequate training, but plaintiffs failed to produce sufficient evidence to prove that the training provided was, in fact, inadequate. Roberts v. Shreveport, No. 03-30824, 2005 U.S. App. Lexis 589 (5th Cir. 2005). [2005 LR Feb]
     Woman who was injured during police forcible entry into apartment to arrest a man within who was suspected of threatening to kill police officers failed to show that any municipal policy of inadequate training caused her injuries. She herself climbed over the edge of the apartment's balcony, allegedly because she did not know who was breaking down the door, and fell 20 to 25 feet onto an awning, suffering injuries. Padilla v. Township of Cherry Hill, #03-3133, 110 Fed. Appx. 272 (3rd Cir. 2004). [N/R]
     City was not liable for police officer's allegedly wrongful display of nude photographs of a female murder victim to persons not involved in the investigation. There was no showing that any official city policy or failure to adequately train officers caused the disclosure. Donohue v. Hoey, No. 02-1405, 109 Fed. Appx. 340 (10th Cir. 2004). [N/R]
     There were genuine issues of fact as to whether police officers arresting anti-abortion demonstrators who had chained themselves together had used excessive force, precluding summary judgment in the demonstrators' federal civil rights lawsuit. There were also factual issues as to whether the town failed to adequately supervise its officers, but no evidence that the town inadequately trained its officers on the use of force. Amnesty America v. Town of West Hartford, #03-7332, 361 F.3d 113 (2nd Cir. 2004). [N/R]
     Jury verdict awarding damages on the basis of officer's alleged unreasonable use of deadly force in shooting and killing a woman armed with two knives inside her house with family members upheld. Intermediate California appeals court, however, rules that city, while vicariously liable for officer's actions, could not be held liable on theories of inadequate training or supervision or other "direct negligence" theories, in the absence of a clear statutory duty which was breached. Munoz v. City of Union City, No. A095846, 2004 Cal. App. Lexis 1187 (Cal. 1st App. Dist.). [2004 LR Sep]
     Arrestee failed to contradict the city's evidence that its police officers were properly trained and could not, therefore, pursue a claim against the city or chief of police for failure to properly train and supervise officers. The plaintiff asserted that his arrest was based on false information and information from bribed witnesses, but failed to show any evidence that police officers had any reason to know that the information implicating him in a murder was false. Hampton v. City of Jonesboro, Arkansas, No. 03-1811, 90 Fed. Appx. 971 (8th Cir. 2004). [N/R]
     Genuine factual issues as to whether mayor and police commissioner adopted proper regulations regarding the use of firearms and whether officers were properly trained on those regulations barred summary judgment on lawsuit against them by arrestee who was shot twice while running away from parking ramp while allegedly unarmed. Whitfield v. Municipality of Fajardo, 279 F. Supp. 2d 115 (D. Puerto Rico 2003). [N/R]
     The manner in which a city trained its police officers did not show deliberate indifference which could support a municipal liability claim by a woman arrested for public intoxication who claimed that officers were not adequately trained to tell the difference between intoxication and panic disorders or certain physical infirmities. There was no showing that the plaintiff's arrest was the result of the city's alleged policies or inadequate police training. Newell v. City of Salina, 276 F. Supp. 2d 1148 (D. Kan. 2003). [N/R]
     Arrestee allegedly bitten by police dog while he was handcuffed and in custody did not sufficiently state a claim against the city or police department for inadequate training of its canine handlers when he failed to explain what training would have avoided his injuries. Additionally, it was undisputed that individual defendant trainer of police canine handlers did not instruct them that they could use the force of a police dog biting a handcuffed suspect. Viehmeyer v. City of Santa Ana, No. 02-56157, 67 Fed. Appx. 470 (9th Cir. 2003). [N/R]
     City could not be held liable for alleged use of excessive force against arrestee on a theory of failure to provide adequate training when the alleged evidence of deliberate indifference was largely jury verdicts or settlements in a small number of excessive force cases after the incident in question. Even though the incidents which were the subject of these cases occurred before the plaintiff's arrest, there was no evidence that city policy-makers knew or should have known, before her arrest, that officers were using excessive force to the point that additional training was required. Forbis v. City of Portland, 270 F. Supp. 2d 57 (D. Me. 2003). [N/R]
     Inadequate training of police officer in the handling of hostage situations was not the cause of the death of liquor store manager who was taken hostage by a disturbed person. Ross v. Town of Austin, Ind., No. 02-3830, 2003 U.S. App. Lexis 19151 (7th Cir.). [2003 LR Nov]
     Failure to show that alleged false arrest and excessive use of force by deputies was caused by policies or customs of sheriff's office amounting to inadequate training and supervision precluded claims for liability against the sheriff in his official capacity. The sheriff could also not be held liable personally when he played no personal role in the incidents at issue. Seegars v. Adcox, 258 F. Supp. 2d 1370 (S.D. Ga. 2002). [N/R]
     County could not be held liable for officer's alleged improper use of neck restraint which broke arrestee's neck, based on "fairly particularized" training provided on the use of neck restraints and other defense tactics. Evidence was insufficient to show that the county disregarded a known risk of harm or failed to provide adequate training on this subject. Fultz v. Whittaker, 261 F. Supp. 2d 767 (W.D. Ky. 2003). [N/R]
    City's policy of providing training on the most likely situations and problems that could arise in the use of police dogs against arrestees was adequate, and not a basis for imposing liability on the city for injuries arrestee suffered from being bitten by dog. Holiday v. City of Kalamazoo, No. 4:01-CV-161, 255 F. Supp. 2d 732 (W.D. Mich. 2003). [2003 LR Aug]
     Arrestee suffering from mental illness failed to show that county was deliberately indifferent in its training of police on the rights of mentally ill persons. County training programs did address how to deal with mentally ill persons and there was no indication that the county had any notice that mentally ill persons had suffered violations of their constitutional rights. Miami-Dade County v. Walker, No. 3D02-544, 837 So. 2d 1049 (Fla. App. 3rd Dist. 2002), rehearing and rehearing en banc denied (2003). [N/R]
      Police officer acted objectively reasonable in shooting and killing a 6 foot tall 180 lb 18 year-old armed with a knife who had self-inflicted cuts on himself, refused to relinquish his knife, and began to charge at the officer with it, so that the officer feared for his life. No evidence of inadequate training was produced against municipality. Easley v. Kirmsee, 235 F. Supp. 2d 945 (E.D.Wis. 2002). [2003 LR May]
    Brain-damaged motorist who claimed that a police officer used excessive force against him in arresting him on suspicion of driving while intoxicated failed to establish a pattern of the use of excessive force against disabled suspects or inadequate training sufficient to support a claim against the municipality. Officers were trained on how to deal with persons with physical and mental disabilities and an explicit policy prohibited the excessive use of force. Pahle v. Colebrookdale Township, 227 F. Supp. 2ed 361 (E.D.Pa. 2002). [N/R]
     City could not be held responsible for arrestee's injuries from officer's alleged excessive use of force while arresting and handcuffing motorist when officer's actions, if they occurred, would have clearly violated the city's policies and training that officers received regarding the use of force. The possibility that the officer was not taught a particular procedure for taking a handcuffed suspect to the ground did not alter the result, particularly when there was no evidence of other similar incidents. Nelson v. City of Wichita, 217 F. Supp. 2d 1179 (D. Kan. 2002). [2003 LR Feb.]
     An arrestee's "bald assertions" that a city's policies for training its officers were inadequate and that the officer who arrested her for disorderly conduct had been involved in one prior instance of alleged misconduct (based on a newspaper report) were not sufficient grounds to impose liability on the city for violating her federal civil rights by inadequate training. Bobbitt v. The Detroit Edison Company, 216 F. Supp. 2d 669 (E.D. Mich. 2002). [N/R]
     Officers were not entitled to summary judgment on claim that they detained a shopping mall customer on suspicion of shoplifting without reasonable grounds to do so, but plaintiff customer failed to adequately allege a claim against the city for failure to train officers in arresting, detaining, and interrogating racial and ethnic minorities by citing only this incident in which officers allegedly subjected him to illegal seizure. Hall v. City of White Plains, 185 F. Supp. 2d 293 (S.D.N.Y. 2002). [2002 LR Jun]
     Operation of a police training school by a village was a "proprietary function" imposing the same duty of care and same liability as a private individual or institution would have had while engaging in the same activity. Municipality, school, and school personnel, including director and commanding officer were not entitled to governmental immunity under New York law from liability for trainee's injuries during firearms training exercise. Lemery v. Village of Cambridge, 736 N.Y.S.2d 503 (A.D. 2002). [2002 LR May]
     Municipality could not be held liable for failure to train officers in the use of shotgun butts as a means of force in arrest situations. Policy that officers were to use only "reasonable and necessary force" was proper and the municipality was not required to "catalogue" every potential situation that might arise in a use of force context. Fromuth v. Metropolitan Government of Nashville, No. 3:99-0852, 158 F. Supp. 2d 787 (M.D. Tenn. 2001). [2002 LR Apr]
       347:173 Motorist who fled into the desert following his involvement in a two car collision and subsequently died had no due process right to a thorough search by officers, but his estate could pursue an equal protection claim and inadequate training claim based on alleged policy of not searching for him because of mistaken belief that he was a Native American fleeing to a nearby reservation. Amos, Estate of, v. City of Page, Arizona, No. 99-16214, 257 F.3d 1086 (9th Cir. 2001).
     343:103 City could not be held liable for deaths of motorists killed in a collision with a pursued car, regardless of the constitutionality of the city's policies, training and supervision on high-speed pursuits, when individual officers involved in the chase did not violate the decedents' constitutional rights. Trigalet v. City of Tulsa, Okl., #98- 5261, 239 F.3d 1150 (10th Cir. 2001).
     340:60 Federal appeals court rules that hog-tie restraints should not be used when it presents a significant risk to a suspect's health or well being because of diminished mental capacity, whether based on intoxication or a mental condition; officers were individually entitled to qualified immunity, but inadequate training claims against city could go forward in lawsuit over death of naked man who died after being restrained with hog-tie. Cruz v. City of Laramie, No. 99-8045, 99-8049, 99-8050, 239 F.3d 1183 (10th Cir. 2001).
     City was not entitled to summary judgment on arrestee's claim that there was inadequate training and supervision on how to handle circumstances in which a judge has denied a warrant to search or seize an individual but officers believe that there is probable cause to do so. Pappas v. New Haven Police Dept., 175 F. Supp. 2d 288 (D. Conn. 2001). [N/R]
     342:91 Federal appeals court reinstates claims against officers and city based on officers ejection of intoxicated bar patron into subfreezing temperatures outside wearing only jeans and a tee shirt; officers' actions placed patron in a position of enhanced danger, so there might be liability for man's death from hypothermia; inadequate training claim also reinstated. Munger v. City of Glasgo Police Dept., No. 98-36090, 227 F.3d 1082 (9th Cir. 2000).
     [N/R] Plaintiff failed to show that county sheriff acted with deliberate indifference in training personnel as to how to respond to needs of arrestees for medical treatment. Conner v. Travis County, #98-50264, 209 F.3d 794 (5th Cir. 2000).
     341:73 City liable for $400,000 to motorist shot by off-duty Colorado officer; department adopted a policy requiring officers to always be on duty and always be armed, but provided no training on how to handle police response when off-duty, and without police vehicle, uniform, or radio. Brown v. Gray, No. 99-1134, 227 F.3d 1278 (10th Cir. 2000).
     341:67 County liable for $767,302 in damages and $77,500 in attorneys' fees to arrestee injured by untrained deputy sheriff during arrest; appeals court upholds liability on the basis of failure to train; plaintiff also awarded $20,000 in punitive damages against deputy. Brown v. Bryan County, OK., No. 98-40877, 219 F.3d 450 (5th Cir. 2000).
     333:131 City could not be held liable for alleged failure to adequately train officers in the use of deadly force when there was no showing that officers did anything wrong in firing at men who had fired at them and then attempted to run away; plaintiffs could not relitigate the issue of whether they had fired at the officers after they were convicted of assault on a police officer, which resolved the same factual question. Jones v. City of St. Louis, No. 4:98 CV 2158 DDN, 92 F.Supp. 2d 949 (E.D. Mo. 2000).
     326:20 Police officers did not violate dog owner's property rights when they shot and killed her pit bull, which had just bitten a woman and was coming towards them and ambulance attendants in a menacing manner; city did not act with deliberate indifference to plaintiff's rights by limiting training to situations involving mad dogs with rabies. Hooper v. City of Detroit, 50 F.Supp. 2d 689 (E.D. Mich. 1999).
     327:37 Officer who left the scene after helping man retrieve his radio from ex-girlfriend's auto was not liable for subsequent alleged assault man committed on ex- girlfriend; no liability for inadequate training in absence of a showing of deliberate indifference. Soltis v. Kotenski, 63 F.Supp. 2d 187 (D. Conn. 1999).
     330:83 Deputy properly used deadly force against man advancing on him with a piece of concrete in his hand; sheriff's failure to train deputies in the use of deadly force against "crazy" people was no basis for liability when general policy on use of deadly force was correct and no showing of a prior problem in this area was shown; basis for exclusion of expert witness was erroneous, but jury did not need expert help to conclude that deputy acted reasonably. Pena v. Leombruni, No. 99-1435, 200 F.3d 1031 (7th Cir. 1999).
     321:138 City could not be liable for alleged failure to adequately train, supervise, and discipline an officer who shot an arrestee when officer's actions in shooting arrestee, who had come towards him brandishing a screwdriver, were objectively reasonable; municipal liability must be based on policy causing a violation of plaintiff's rights. Henderson v. Municipality of Cool Valley, 17 F.Supp. 2d 1044 (E.D. Mo. 1998).
     320:115 Officers did not violate union demonstrators' First Amendment rights by using tear gas to disperse rally outside factory after picketers refused to disperse; blowing of tear gas into nearby homes did not violate clearly established privacy rights of homeowners; court rejects inadequate training claim in absence of specific evidence. Ellsworth v. City of Lansing, 34 F.Supp. 2d 571 (W.D. Mich. 1998).
     318:91 City was not liable for death of arrestee caused by cocaine poisoning after he swallowed drugs officers were attempting to get him to expel from his mouth; officers' use of Heimlich maneuver and pepper spray were not unreasonable under the circumstances; no deliberate indifference or inadequate training on the part of the city was shown. Singleton v. City of Newburgh, 1 F.Supp. 2d 306 (S.D.N.Y. 1998).
     317:67 City could not be held liable for inadequate training or supervision concerning arrests for disorderly conduct or proper use of handcuffs when plaintiff failed to show a record of prior incidents which would indicate deliberate indifference to a known problem. Gold v. City of Miami, #96-5395, 151 F.3d 1346 (11th Cir. 1998).
     316:61 City and officer were not liable for death of two girls and loss of house to fire when officer rushed into home to attempt to rescue children who were being held hostage by mother's former boyfriend; boyfriend threatened to ignite gasoline and officer had to act swiftly to attempt rescue; no inadequate training was shown to have caused tragedy. Smith v. City of Plantation, 19 F.Supp. 2d 1332 (S.D. Fla. 1998).
     313:11 Allegation of corrupt activity by police chief and officer, standing alone, could not be basis for imposition of liability on city for inadequate training. Jacobs v. City of Port Neches, 7 F.Supp. 2d 829 (E.D. Tex. 1998).
     307:103 Off-duty officer acted reasonably in shooting at armed robber in restaurant, based on his assessment of peril to customers if he did not act; lack of notation in personnel file indicating retraining in firearms could not be basis for inadequate training claim against department when officer testified that he had been retrained annually and sheet in file appeared to be incomplete. Brown v. Diversified Hospitality Group, Inc., 694 So.2d 520 (La. App. 1997).
     307:100 Woman with a knife who approached officer fighting with her brother awarded $6 million for officers' actions in shooting her eight times; jury finds that city failed to adequately train and supervise officers. Willingham v. Boynton Beach, U.S. Dist. Ct. Miami Fla., April 11, 1998, reported in The New York Times, National Edition, p. 16 (April 12, 1998).
     307:99 Evidence failed to show that police chief inadequately supervised or trained part-time police officer who shot and killed running youth; prior incident in which officer allegedly fired warning shots, and another where officer allegedly used unspecified excessive force were insufficient to put chief on notice that officer was prone to using excessive force. Otey v. Marshall, 121 F.3d 1150 (8th Cir. 1997).
     303:41 City not liable for shooting by officer cooperating with internal investigation of fellow officer who called him a "rat"; no showing that alleged policy of inadequate training or supervision of such cooperators caused the incident. Morrissey v. City of New York, 963 F.Supp. 270 (S.D.N.Y. 1997).
     301:3 Village was not liable for inadequate training of officers in dealing with abnormally acting individuals when there was no evidence of knowledge of a need for further training in this area; officer who shot and killed disturbed individual who asked police to kill him found to have used excessive force and jury awards $165,000 in damages. Palmquist v. Selvik, 111 F.3d 1332 (7th Cir. 1997).
     Federal appeals court rejects a civil rights suit of a mentally ill person who was shot in the leg while being taken into custody. The sheriff had not provided "in-depth specialized training in dealing with the mentally ill." Trent v. Hawkins Co., 1997 U.S. App. Lexis 1875 (6th Cir. unpub.). {N/R}
     299:165 Failure to have detailed training program on problems of taking suicidal or mentally disturbed police officers into custody was not deliberate indifference to a known problem; police chief not liable for failure to order that officer with suicidal tendencies, who fired gun within his residence, be taken to hospital instead of to jail Houck v. City of Prairie Village, Kansas, 950 F.Supp. 312 (D.Kan 1996).
     298:148 Police superintendent could not be subject to supervisory liability for officer's alleged assault on bar patron; all prior complaints against officer occurred two years before superintendent even took office and the sole complaint involving violence was dismissed Munoz v. Toledo Davila, 954 F.Supp. 455 (D.Puerto Rico 1997).
     296:115 Estate of man who died from asphyxia after being placed face down while hog-tied receives $805,000 settlement from city on inadequate supervision and training lawsuit Kinneer v. Gall, U.S. Dist. Ct., SD Ohio, No C2-95-504, Sept 6, 1996, 40 ATLA L.Rptr. 132 (May 1997).
     293:67 Estate of man shot by officers entering trailer without announcing themselves during execution of search warrant receives $950,000 settlement in suit that claimed that county failed to properly train officers in the use of their weapons Bryant v. County of Dodge, U.S. Dist. Ct., ED Wis, No 95-C-0526, Apr 25, 1996, reported in 39 ATLA L.Rptr. No 7, p. 273 (Sept 1996).
     292:51 County liable for $750,000 for off-duty deputy sheriff's accidental shooting of another bar patron during altercation outside bar; suit claimed that county did not adequately train deputies on securing their guns while off-duty or responding, while off-duty, to challenges Huffman v. County of Los Angeles, CV95-4071-HLH, U.S. Dist. Ct., Los Angeles, Calif, reported in LA Daily Journal, p. 2 (Oct 18, 1996).
     291:35 Sheriff was not liable for alleged inadequate training and supervision on use of deadly force; while there had been prior lawsuits alleging excessive use of force or wrongful use of deadly force by sheriff's personnel, there had been no single case in which courts ruled that department personnel had violated a clearly established right in this area, so sheriff was entitled to qualified immunity Singleton v. McDougall, 932 F.Supp. 1386 (M.D. Fla 1996).
     290:20 Jury awards transit patron with impaired hearing $100,900 in damages in suit claiming transit authority inadequately trained police officers as to how to treat disabled patrons Burkhart v. Washington Metro Area Transit Auth, U.S. Dist. Ct., 1196 U.S. Dist Lexis 18575, DDC, No 1:95CV00812 (JHG/DAR), Mar 15, 1996, 39 ATLA L. Rep.281 (Sept 1996).
     290:19 Village reaches $39 million settlement with parents of elementary school children struck by car at intersection where crossing guard allegedly stopped traffic approaching her, rather than first stopping traffic approaching the children Beck v. Arlington Heights, No. 90- L-19416, Circuit Court of Cook County, reported in Chicago Daily Law Bulletin, Vol. 142, No. 195, p. 1 (Oct 3, 1996).
     290:19 Complaint which alleged that officer shot man carrying a machete on the street without further warning after telling him to "freeze" adequately stated claim against District of Columbia for inadequately training and supervising of officers on the use of deadly force; federal appeals court rules that even a single incident of such use of force was adequate to support a complaint of inadequate training and supervision Atchinson v. DC, 73 F.3d 418 (DCCir. 1996).
     289:9 Arrest of anti-abortion demonstrator for "yelling loudly" outside of abortion clinic in violation of prior court order did not violate his First or Fourth Amendment rights; no showing that city's alleged "failure to train" officers on First Amendment issues resulted in any violation of demonstrator's rights Habiger v. City of Fargo, 80 F.3d 289 (8th Cir. 1996).
     287:168 Arrestee who was receiving psychological treatment at VA Hospital and was perceived as a "drunk" stated a claim for disability discrimination under the Americans With Disabilities Act when he alleged that deputy who arrested him denied him proper police protection and fair treatment due to his psychological and alcohol problems Barber v. Guay, 910 F.Supp. 790 (D.Ms 1995).
     283:104 Inadequate training and supervision federal civil rights claim against city could not be based upon single incident and could not be maintained anyway in absence of allegation of deliberate indifference to constitutional rights; state law negligence claims against supervisory personnel, however, were not barred by Massachusetts immunity statute Gallego v. Wilson, 882 F.Supp. 1169 (D.Mass 1995).
     280:53 Plaintiff's claims against police officer and against county should be tried separately when evidence of county's customs and policies, including past alleged incidents of police misconduct, would be prejudicial to officer's defense Dawson v. Prince George's County, 896 F.Supp. 537 (D.Md 1995).
     280:51 City's use of state-wide standards rather than its own specific policies on deadly force in doing officer training did not constitute a policy of "deliberate indifference"; city was not liable for inadequate training or supervision of officer who shot motorist Anderson v. City of Glenwood, Ga, 893 F.Supp. (S.D.Ga 1995).
     281:67 Jury awards $200,000 to arrestee for officer's alleged use of excessive force during arrest; finds city and police chief liable for policy of inadequate training, supervision, and discipline Hogan v. Franco, 896 F.Supp. 1313 (NDNY 1995).
     283:99 Family of man shot and killed by officers when he lunged at them with knife receives $500,000 settlement in inadequate training and supervision lawsuit against city and police chief Garcia v. City of Robinson, U.S. Dist. Ct., WD Tex, No W-93-CA-415, Sept 14, 1995, reported in 39 ATLA L. Rep. No 1, pg 15 (Feb 1996).
     273:137 Reasonable police officers could not have believed they had probable cause to arrest man who yelled "Get the hell out of here" to undercover police officer disguised as intoxicated vagrant who approached him three times asking him for money Beech v. City of Mobile, 874 F.Supp. 1305 (S.D.Ala 1994).
     273:131 Claim that a number of city officers stood by while arrestee was beaten by Housing Authority officer was sufficient to state a claim for inadequate training Lucas v. NYC, 842 F.Supp. 101 (S.D.N.Y. 1994).
     273:131 Parents of youth who died after police cadet used carotid neck restraint hold on their son receive $450,000 settlement in suit against city alleging negligent training Hampton v. City of San Diego, Cal, San Diego County Super Ct, Cal, No 652716, June 27, 1994, reported in 38 ATLA L. Rep.140 (May 1995).
     272:117 Administrative inspection warrant did not justify forcible warrantless entry into home to arrest homeowner Alexander v. City and County of San Francisco, 29 F.3d 1355 (9th Cir. 1994).
     271:102 Officer had probable cause to arrest man for public intoxication based on his having trouble balancing himself, smell of alcohol, and inability to state his name and birthdate; later evidence showing that man was actually a diabetic suffering from insulin shock was irrelevant when he did not tell officer of his medical condition and did not possess a medical tag or bracelet which would have put officer on notice of it Hirsch v. Burke, 40 F.3d 900 (7th Cir. 1994).
     270:83 City and police chief were not liable for off-duty officer's using a machine gun to shoot and kill resident of home which he entered after his friend expressed suspicion that residence was a "drug house"; no evidence showed that any inadequate training or supervision caused the shooting Searcy v. City of Dayton, 38 F.3d 282 (6th Cir. 1994).
     265:11 Officers who entered restaurant and shot armed man holding waitresses hostage when he pointed unloaded rifle at them were entitled to qualified immunity; they did not know weapon was not loaded and no reasonable officer would think that their actions violated civil rights of hostage-taker Malignaggi v. County of Gloucester, 855 F.Supp. 74 (D.N.J. 1994).
     {N/R} No showing that supervisor was liable for death of man allegedly shot and killed by officer; there was no showing of actual participation in incident or policy of tolerating similar actions Maldonado-Denis v. Castillo-Rodriguez, 23 F.3d 576 (1st Cir. 1994).
     Mere failure to adopt a special training policy for special events could not be the basis of liability by a city when there was no showing that any failure to train was the direct cause of any alleged excessive use of force. Darrow v. Schumacher, 495 N.W.2d 511 (S.D.1993).
     Complaint did not state a claim for negligent training of officer when it only recited that there was "talk in town" that officer had not attended police academy and that superior who had participated in training had himself been the subject of a civilian complaint Tambelleo v. Town of West Boylston, 613 N.E.2d 127 (Mass App. 1993).
     There was no factual basis for plaintiff's claim that county inadequately trained police officers for situations involving black citizens in violation of equal protection guarantees House v. New Castle County, 824 F.Supp. 477 (D.Del 1993).
     County and deputy liable for accidental shooting death of deputy's partner; $1 million in damages and $636,800 in attorneys' fees awarded in case where plaintiffs alleged deputy received no firearms training Carr v. Hicks, U.S. Dist. Ct., WD Tenn, No 89-3090 ML/B, Nov 9, 1993, 37 (7). ATLA L.Rptr. 257 (Sept 1994).
     County liable for $115,000 and two deputies for $60,000 and $20,000 in punitive damages for beating of arrestee in hospital bed by deputies; failure to have written policies and procedures manual, failure to log citizen complaints, and other evidence showed deliberate indifference to the right of arrestees to be free from the use of excessive force and inadequate training, supervision, and discipline by the county Vineyard v. County of Murray, GA, 990 F.2d 1207 (11th Cir. 1993).
     City and county could not be held liable for inadequate training of officers in the need for probable cause for an arrest when officer who presented affidavit for arrest warrant was himself entitled to qualified immunity because he acted as a reasonable officer in doing so on the basis of information he had at the time Kohl v. Casson, 5 F.3d 1141 (8th Cir. 1993).
     City liable for $330,000 in damages for "deliberately indifferent" inadequate training in the use of deadly force; training consisted of only a lecture and movie and did not include "live" "shoot-don't shoot" practice training Zuchel v. City and County of Denver, Colo., 997 F.2d 730 (10th Cir. 1993).
     Lawsuit alleging that inadequate training led to shooting death of plaintiffs' dogs during execution of search warrant was properly dismissed; complaint had "all bark and no bite" in failing to allege specific facts regarding the alleged inadequacy of police training; U.S. Supreme Court grants review of case. Leatherman v. Tarrant County Narcotics Intelligence, 954 F.2d 1054 (5th Cir), cert granted, 112 S.Ct. 2989 (1992). U.S. Supreme Court subsequently held, in Leatherman v.Tarrant County Narcotics Intelligence, No.91-1657, 507 U.S.163 (1993), that a federal court may not apply a "heightened pleading standard" which more stringent than the usual pleading requirements of Federal Rule of Civil Procedure 8(a) in civil rights cases alleging municipal liability under 42 U.S.C. Sec. 1983. Rule 8(a)(2) requires that a complaint include only "a short and plain statement of the claim showing that the pleader is entitled to relief."
     Federal civil rights law does not provide a remedy for a municipal employee fatally injured during employment because of city's customary failure to train or warn its employees about known hazards in the workplace. Collins v. City of Harker Heights, Tex, 112 S.Ct. 1061 (1992).
     Sheriff liable for $100,000 for inadequate training resulting in wrongful detention of man misidentified as probation violator; deputies' "simple negligence" in arrest and detention of plaintiff was insufficient for civil rights liability Rivas v. Freeman, 940 F.2d 1491 (11th Cir. 1991).
     Sheriff was liable for inadequate training/supervision of deputy who seized child from mother pursuant to papers supplied by her ex- husband erroneously implying that he had a right to the child Hufford v. Rodgers, 912 F.2d 1338 (11th Cir. 1990).
     City's alleged failure to train officer did not rise to "deliberate indifference" sufficient to impose liability for death of man struggling with officer seeking compliance with anti loitering ordinance; new trial granted on excessive force claims against officer because of jury instructions imposing subjective rather than objective test Lewis v. City of Irvine, Kentucky, 899 F.2d 451 (6th Cir. 1990).
     Court establishes "deliberate indifference" to rights and close relationship to injury incurred as standard for municipal liability for inadequate training. City of Canton v. Harris, 109 S.Ct. 1197 (1989).
     Estate of woman shot by boyfriend when escorted home to apartment by police could sue for alleged inadequate training Dudosh v. City of Allentown, 722 F.Supp. 1233 (E.D. Pa. 1989).
     New York Appellate Court overturns $1,750,000 award to officer in lawsuit against city for inadequate training resulting in loss of leg in bomb explosion. Pascarella v. City of New York, 538 N.Y.S.2d 815 (A.D. 1989), reversing 516 N.Y.S.2d 579 (Sup. 1987).

     District of Columbia liable for $425,04667 in shooting of arrestee by officer based on inadequate training in extra jurisdictional arrest authority, physical training, and disarmament training Parker v. District of Columbia, 850 F.2d 708 (DC Cir. 1988).
     City and County were liable for gross negligence in failing to train officers to deal with mentally disturbed Sharpe v. City of Lewisburg, 677 F.Supp. 1362 (M.D. Tenn 1988).
     "Poorly drafted" complaint still sufficiently claimed that uncertified arresting officer was inadequately trained White v. Taylor, 677 F.Supp. 882 (S.D.Miss 1988).
     Alleged simple negligence in training officers was insufficient to show deprivation of due process rights Romero v. Otero, 678 F.Supp. 1535 (DNM 1987).
     When officers received basic training at certified school, training was not shown to be reckless or grossly negligent; no special training on custody disputes required Caplan v. Roseman, 667 F.Supp. 549 (N.D.Ohio 1987).
     Police Chief's third-party complaint against council on police training dismissed; neither council nor superintendent of state police have duty to train. Holman v. Walls, 648 F.Supp. 947 (D.Del 1986).
     Failure to train on arrest procedures either pre-employment or on the job results in municipal liability Rymer v. Davis, 754 F.2d 198 (6th Cir. 1985).
    State attorney could be liable for failure to train against unreasonable searches. McCriminon v. Kane County, 606 F.Supp. 216 (N.D.Ill. 1985).
     Detroit may be liable for negligently hiring, training, and supervising officers who failed to provide for prompt medical treatment of arrestee; case contains a discussion of Sec. 1983 regarding municipal liability. Cook v. City of Detroit, 337 N.W.2d 277 (Mich.App.1983).
     Plaintiffs sue officers for conducting unlawful search of their car which began when harmonica was mistaken for a gun Melson v. Kroger Co, 550 F.Supp. 1100 (S.D.Ohio 1982).
     Can a city be held liable if it negligently trains officers from other jurisdictions? Sager v. City of Woodland Park, 543 F.Supp. 282 (D. Colo 1982).
     " See also: Firearms Related: Intentional Use

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