Opinion

John Languirand, Cross-Appellant v. John Hayden, an Individual, City of Pass Christian, Etc., Cross-Appellee

  • 717 F.2d 220
  • 70 A.L.R. Fed. 1
  • 1983 U.S. App. LEXIS 16009
Court
Court of Appeals for the Fifth Circuit
Filed
Oct 17, 1983
Status
Published
Author
Goldberg
On the bench
Goldberg, Williams, Garwood
Cited by
137 cases

holding that in failure-to-train cases, the plaintiff must establish a pattern of similar incidents in which citizens were injured or endangered by intentional or negligent police misconduct, or that serious incompetence or misbehavior was general or widespread throughout the police force

How later courts described this case

  • holding that in failure-to-train cases, the plaintiff must establish a pattern of similar incidents in which citizens were injured or endangered by intentional or negligent police misconduct, or that serious incompetence or misbehavior was general or widespread throughout the police force
  • reversing jury verdict rendered under failure to train theory where there was no evidence of prior incidents to support a finding that municipal policymakers were "consciously indifferent" to constitutional rights
  • observing that plaintiffs bringing § 1983 actions alleging police misconduct “must show that the defendant was adequately put on notice of prior misbehavior”
  • municipal liability for failure to train requires “evidence at least of a pattern of similar incidents in which citizens were injured or endangered”

Written by the judges who cited it.

The opinion

GOLDBERG, Circuit Judge, specially

concurring:

I concur in the result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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