collins
harker
heights
argued
november
decided
february
larry
collins
employee
respondent
city
sanitation
department
died
asphyxia
entering
manhole
unstop
sewer
line
petitioner
widow
brought
action
alleging
inter
alia
collins
right
due
process
clause
fourteenth
amendment
free
unreasonable
risks
harm
protected
city
custom
policy
deliberate
indifference
toward
employees
safety
city
violated
right
following
custom
policy
training
employees
dangers
working
sewers
providing
safety
equipment
warnings
city
systematically
intentionally
failed
provide
equipment
training
required
texas
statute
district
dismissed
complaint
ground
allege
constitutional
violation
without
reaching
question
whether
city
violated
collins
constitutional
rights
appeals
affirmed
theory
abuse
governmental
power
found
necessary
element
action
held
city
customary
failure
train
warn
employees
known
hazards
workplace
violate
due
process
clause
provide
remedy
municipal
employee
fatally
injured
course
employment
result
city
failure
pp
cases
support
appeals
reading
requiring
abuse
governmental
power
separate
apart
proof
constitutional
violation
contrary
analysis
neither
fact
collins
government
employee
characterization
city
deliberate
indifference
safety
something
abuse
governmental
power
sufficient
reason
refusing
entertain
petitioner
federal
claim
proper
analysis
requires
two
issues
separated
claim
asserted
municipality
whether
plaintiff
harm
caused
constitutional
violation
whether
city
responsible
violation
pp
assumed
purpose
decision
complaint
use
term
deliberate
indifference
characterize
city
failure
train
sanitation
department
employees
sufficient
hold
city
responsible
complaint
also
alleged
constitutional
violation
see
canton
harris
pp
complaint
alleged
constitutional
violation
neither
due
process
clause
text
inter
alia
guarantees
due
process
connection
deprivation
liberty
state
history
supports
petitioner
unprecedented
claim
clause
imposes
independent
substantive
duty
upon
municipalities
provide
certain
minimal
levels
safety
security
workplace
although
process
clause
guarantees
includes
continuing
obligation
satisfy
certain
minimal
custodial
standards
already
deprived
liberty
petitioner
maintain
city
deprived
collins
liberty
made
voluntarily
accepted
employment
offer
also
unpersuasive
petitioner
claim
city
alleged
failure
train
employees
warn
known
risks
harm
omission
properly
characterized
arbitrary
constitutional
sense
petitioner
claim
analogous
fairly
typical
tort
claim
state
law
supplanted
due
process
clause
see
daniels
williams
particularly
area
public
employment
see
bishop
wood
light
presumption
administration
government
programs
based
rational
decisionmaking
process
takes
account
competing
forces
decisions
concerning
allocation
resources
individual
programs
sewer
maintenance
particular
aspects
programs
employee
training
involve
host
policy
choices
must
made
locally
elected
representatives
rather
federal
judges
interpreting
country
basic
charter
government
reasons
petitioner
suggestion
texas
hazard
communication
act
supports
substantive
due
process
claim
rejected
pp
stevens
delivered
opinion
unanimous
sanford
jay
rosen
argued
cause
petitioner
briefs
busby
andrea
asaro
lucas
powe
argued
cause
respondent
brief
roy
barrett
stuart
smith
briefs
amici
curiae
urging
reversal
filed
american
civil
liberties
union
et
al
edward
tuddenham
patrick
wiseman
steven
shapiro
john
powell
helen
hershkoff
association
trial
lawyers
america
jeffrey
needle
national
education
association
robert
chanin
jeremiah
collins
richard
ruda
carter
phillips
mark
hopson
filed
brief
national
league
cities
et
al
amici
curiae
urging
affirmance
justice
stevens
delivered
opinion
question
presented
whether
civil
rights
act
provides
remedy
municipal
employee
fatally
injured
course
employment
city
customarily
failed
train
warn
employees
known
hazards
workplace
even
though
city
conduct
may
actionable
state
law
hold
apply
conduct
violate
due
process
clause
october
larry
michael
collins
employee
sanitation
department
city
harker
heights
texas
died
asphyxia
entering
manhole
unstop
sewer
line
petitioner
widow
brought
action
alleging
collins
constitutional
right
free
unreasonable
risks
harm
body
mind
emotions
constitutional
right
protected
city
harker
heights
custom
policy
deliberate
indifference
toward
safety
employees
app
complaint
alleged
city
violated
right
following
custom
policy
training
employees
dangers
working
sewer
lines
manholes
providing
safety
equipment
job
sites
providing
safety
warnings
complaint
also
alleged
prior
incident
given
city
notice
risks
entering
sewer
lines
city
systematically
intentionally
failed
provide
equipment
training
required
texas
statute
ibid
district
dismissed
complaint
ground
constitutional
violation
alleged
app
appeals
fifth
circuit
affirmed
different
theory
reach
question
whether
city
violated
collins
constitutional
rights
denied
recovery
ground
abuse
governmental
power
fifth
circuit
found
necessary
element
action
contrary
decision
ruge
city
bellevue
together
concern
appeals
interpretation
statute
prompted
grant
certiorari
cases
support
appeals
reading
requiring
proof
abuse
governmental
power
separate
apart
proof
constitutional
violation
although
statute
provides
citizen
effective
remedy
abuses
state
power
violate
federal
law
provide
remedy
abuses
violate
federal
law
see
martinez
california
deshaney
winnebago
county
department
social
services
importantly
statute
draw
distinction
abusive
nonabusive
federal
violations
appeals
analysis
rests
largely
fact
city
allegedly
tortious
conduct
harmed
one
employees
rather
ordinary
citizen
exercised
governmental
power
employment
relationship
however
controlling
significance
one
hand
city
pursued
policy
equally
deliberate
indifference
safety
pedestrians
resulted
fatal
injury
one
inadvertently
stepped
open
manhole
appeals
holding
speak
situation
although
seem
claim
pedestrian
analyzed
similar
manner
claim
petitioner
hand
logical
application
holding
might
also
bar
potentially
meritorious
claims
employees
example
city
given
employee
particularly
dangerous
assignment
retaliation
political
speech
cf
louis
praprotnik
gender
cf
monell
new
york
city
dept
social
services
first
amendment
equal
protection
due
process
clauses
fourteenth
amendment
provisions
federal
constitution
afford
protection
employees
serve
government
well
served
provides
cause
action
citizens
injured
abridgement
protections
neither
fact
petitioner
decedent
government
employee
characterization
city
deliberate
indifference
safety
something
abuse
governmental
power
sufficient
reason
refusing
entertain
petitioner
federal
claim
nevertheless
proper
analysis
requires
us
separate
two
different
issues
claim
asserted
municipality
whether
plaintiff
harm
caused
constitutional
violation
whether
city
responsible
violation
see
oklahoma
city
tuttle
opinion
rehnquist
opinion
brennan
concurring
part
concurring
judgment
opinions
discussing
municipal
policy
involved
latter
issue
appropriate
discuss
considering
question
whether
petitioner
complaint
alleged
constitutional
violation
ii
section
provides
remedy
person
color
state
law
deprives
another
rights
protected
constitution
monell
held
congress
intended
municipalities
local
government
entities
included
among
persons
applies
time
made
clear
municipalities
may
held
liable
unless
action
pursuant
official
municipal
policy
nature
caused
constitutional
tort
emphasized
municipality
held
liable
solely
employs
tortfeasor
words
municipality
held
liable
respondeat
superior
theory
herefore
local
government
may
sued
injury
inflicted
solely
employees
agents
instead
execution
government
policy
custom
whether
made
lawmakers
whose
edicts
acts
may
fairly
said
represent
official
policy
inflicts
injury
government
entity
responsible
emphasis
original
purpose
citing
cases
emphasize
separate
character
inquiry
question
municipal
responsibility
question
whether
constitutional
violation
occurred
necessary
analyze
whether
execution
municipal
policy
inflicted
injury
cases
unlike
ordinary
tort
litigation
doctrine
respondeat
superior
inapplicable
city
vicariously
liable
constitutional
torts
agents
liable
fairly
said
city
wrongdoer
petitioner
case
relies
heavily
reasoning
canton
harris
seems
assume
case
dealt
constitutional
issue
appropriate
comment
specifically
case
canton
held
municipality
circumstances
held
liable
constitutional
violations
resulting
failure
train
municipal
employees
among
claims
advanced
plaintiff
case
violation
right
due
process
clause
fourteenth
amendment
receive
necessary
medical
attention
police
custody
assumed
arguendo
plaintiff
constitutional
right
receive
medical
care
denied
opinion
addressed
question
whether
constitutional
deprivation
attributable
municipal
policy
custom
began
analysis
plainly
indicating
deciding
constitutional
issue
monell
new
york
city
dept
social
services
decided
municipality
found
liable
municipality
causes
constitutional
violation
issue
respondeat
superior
vicarious
liability
attach
id
execution
government
policy
custom
inflicts
injury
municipality
may
held
liable
springfield
kibbe
dissenting
quoting
monell
supra
thus
first
inquiry
case
alleging
municipal
liability
question
whether
direct
causal
link
municipal
policy
custom
alleged
constitutional
deprivation
id
although
term
deliberate
indifference
used
contexts
define
threshold
finding
violation
eighth
amendment
see
estelle
gamble
explained
term
used
canton
case
quite
different
purpose
identifying
threshold
holding
city
responsible
constitutional
torts
committed
inadequately
trained
agents
case
petitioner
used
term
characterize
city
failure
train
employees
sanitation
department
assume
purpose
decision
allegations
complaint
sufficient
provide
substitute
doctrine
respondeat
superior
basis
imposing
liability
city
tortious
conduct
agents
assumption
confront
question
whether
complaint
alleged
constitutional
violation
question
turn
iii
petitioner
constitutional
claim
rests
entirely
due
process
clause
fourteenth
amendment
familiar
office
clause
provide
guarantee
fair
procedure
connection
deprivation
life
liberty
property
state
petitioner
however
advance
procedural
due
process
claim
case
instead
relies
substantive
component
clause
protects
individual
liberty
certain
government
actions
regardless
fairness
procedures
used
implement
daniels
williams
general
matter
always
reluctant
expand
concept
substantive
due
process
guideposts
responsible
decisionmaking
unchartered
area
scarce
regents
university
michigan
ewing
doctrine
judicial
requires
us
exercise
utmost
care
whenever
asked
break
new
ground
field
important
therefore
focus
allegations
complaint
determine
petitioner
describes
constitutional
right
stake
city
allegedly
deprive
husband
right
fair
reading
petitioner
complaint
charge
city
wilful
violation
collins
rights
petitioner
claim
city
agents
deliberately
harmed
husband
fact
even
allege
supervisor
instructed
go
sewer
supervisor
knew
known
significant
risk
injured
instead
makes
general
allegation
city
deprived
life
liberty
failing
provide
reasonably
safe
work
environment
fairly
analyzed
claim
advances
two
theories
federal
constitution
imposes
duty
city
provide
employees
minimal
levels
safety
security
workplace
city
deliberate
indifference
collins
safety
arbitrary
government
action
must
shock
conscience
federal
judges
cf
rochin
california
neither
text
history
due
process
clause
supports
petitioner
claim
governmental
employer
duty
provide
employees
safe
working
environment
substantive
component
due
process
clause
due
process
clause
fourteenth
amendment
intended
prevent
government
abusing
power
employing
instrument
oppression
deshaney
winnebago
county
department
social
services
quoting
davidson
cannon
recognized
deshaney
clause
phrased
limitation
state
power
act
guarantee
certain
minimal
levels
safety
security
forbids
state
deprive
individuals
life
liberty
property
without
due
process
law
language
fairly
extended
impose
affirmative
obligation
state
ensure
interests
come
harm
means
history
support
expansive
reading
constitutional
text
also
persuaded
city
alleged
failure
train
employees
warn
known
risks
harm
omission
properly
characterized
arbitrary
constitutional
sense
petitioner
claim
analogous
fairly
typical
state
law
tort
claim
city
breached
duty
care
husband
failing
provide
safe
work
environment
due
process
clause
purport
supplant
traditional
tort
law
laying
rules
conduct
regulate
liability
injuries
attend
living
together
society
daniels
williams
previously
rejected
claims
due
process
clause
interpreted
impose
federal
duties
analogous
traditionally
imposed
state
tort
law
see
baker
mccollan
paul
davis
reasoning
cases
applies
special
force
claims
asserted
public
employers
state
law
rather
federal
constitution
generally
governs
substance
employment
relationship
see
bishop
wood
board
regents
state
colleges
roth
refusal
characterize
city
alleged
omission
case
arbitrary
constitutional
sense
rests
presumption
administration
government
programs
based
rational
decisionmaking
process
takes
account
competing
social
political
economic
forces
cf
walker
rowe
decisions
concerning
allocation
resources
individual
programs
sewer
maintenance
particular
aspects
programs
training
compensation
employees
involve
host
policy
choices
must
made
locally
elected
representatives
rather
federal
judges
interpreting
basic
charter
government
entire
country
due
process
clause
guarantee
incorrect
personnel
decisions
bishop
wood
guarantee
municipal
employees
workplace
free
unreasonable
risks
harm
finally
reject
petitioner
suggestion
texas
hazard
communication
act
supports
substantive
due
process
claim
assume
act
imposed
duty
city
warn
sanitation
employees
dangers
noxious
gases
sewers
provide
safety
training
protective
equipment
minimize
dangers
also
assume
petitioner
argues
act
created
entitlement
qualifies
liberty
interest
protected
due
process
clause
even
assumptions
petitioner
claim
must
fail
alleged
deprivation
liberty
interest
arbitrary
constitutional
sense
cf
harrah
independent
school
dist
martin
reasons
city
alleged
failure
train
warn
constitute
constitutionally
arbitrary
deprivation
collins
life
see
supra
apply
fortiori
less
significant
liberty
interest
created
texas
statute
sum
conclude
due
process
clause
impose
independent
federal
obligation
upon
municipalities
provide
certain
minimal
levels
safety
security
workplace
city
alleged
failure
train
warn
sanitation
department
employees
arbitrary
constitutional
sense
judgment
appeals
therefore
affirmed
ordered
footnotes
appeals
explained
question
presented
case
whether
plaintiff
seeking
recovery
injury
governmental
employee
must
demonstrate
inter
alia
conduct
issue
abuse
governmental
power
particularly
alleged
wrongful
conduct
government
capacity
employer
rather
governing
authority
deprives
employee
alleged
constitutional
right
give
rise
action
base
holding
abuse
government
power
standard
separate
constitutional
deprivation
element
standard
district
appears
merged
two
standards
among
necessary
bringing
play
reviewing
rule
dismissal
keep
separate
circuit
separate
standard
must
also
satisfied
abuse
government
power
element
many
ways
similar
often
blends
necessary
elements
action
deprivation
constitutional
right
springs
sources
deprivation
element
separate
nonetheless
section
relevant
part
every
person
color
statute
ordinance
regulation
custom
usage
state
subjects
causes
subjected
citizen
deprivation
rights
privileges
immunities
secured
constitution
laws
shall
liable
party
injured
action
law
suit
equity
proper
proceeding
redress
petitioners
monell
class
female
employees
new
york
city
department
social
services
board
education
alleged
board
department
violated
due
process
rights
implementing
official
policy
compelled
pregnant
employees
take
unpaid
leaves
absences
leaves
required
medical
reasons
close
evidence
district
submitted
case
jury
rejected
harris
claims
except
one
claim
city
resulting
failure
provide
medical
treatment
custody
canton
harris
emphasis
added
added
municipality
failure
train
employees
relevant
respect
evidences
deliberate
indifference
rights
inhabitants
shortcoming
properly
thought
city
policy
custom
actionable
consequently
claims
respondent
alleging
city
failure
provide
training
municipal
employees
resulted
constitutional
deprivation
suffered
cognizable
yield
liability
municipality
city
failure
train
reflects
deliberate
indifference
constitutional
rights
inhabitants
indeed
expressly
stated
deliberate
indifference
standard
adopt
failure
train
claims
turn
upon
degree
fault
plaintiff
must
show
make
underlying
claim
constitutional
violation
due
process
clause
fourteenth
amendment
shall
state
deprive
person
life
liberty
property
without
due
process
law
petitioner
alleges
husband
constitutional
right
free
unreasonable
risks
harm
body
mind
emotions
constitutional
right
protected
city
harker
heights
custom
policy
deliberate
indifference
toward
safety
employees
app
city
policy
custom
training
employees
warning
danger
allegedly
caused
collins
death
thus
deprived
rights
historically
guarantee
oe
due
process
applied
deliberate
decisions
government
officials
deprive
person
life
liberty
property
davidson
new
orleans
assessment
real
estate
rochin
california
stomach
pumping
bell
burson
suspension
driver
license
ingraham
wright
paddling
student
hudson
palmer
intentional
destruction
inmate
property
decision
parratt
taylor
supported
view
negligent
conduct
state
official
even
though
causing
injury
constitutes
deprivation
due
process
clause
history
reflects
traditional
notion
due
process
clause
like
forebear
magna
carta
see
corwin
doctrine
due
process
law
civil
war
intended
secure
individual
arbitrary
exercise
powers
government
hurtado
california
daniels
williams
art
vernon
section
act
example
every
employer
shall
provide
least
annually
education
training
program
employees
using
handling
hazardous
chemicals
additional
instruction
shall
provided
potential
exposure
hazardous
chemicals
altered
new
significant
information
received
employer
concerning
hazards
chemical
new
newly
assigned
employees
shall
provided
training
working
work
area
containing
hazardous
chemicals
employees
may
exposed
hazardous
chemicals
shall
informed
exposure
shall
access
workplace
chemical
list
material
safety
data
sheets
hazardous
chemicals
addition
employees
shall
receive
training
hazards
chemicals
measures
take
protect
hazards
shall
provided
appropriate
personal
protective
equipment
rights
guaranteed
effective
date
act