canton harris argued november decided february although respondent fell several times incoherent following arrest officers petitioner city police department officers summoned medical assistance release diagnosed suffering several emotional ailments requiring hospitalization subsequent outpatient treatment time later filed suit seeking inter alia hold city liable violation right due process clause fourteenth amendment receive necessary medical attention police custody jury ruled favor claim upon basis evidence indicating city regulation gave shift commanders sole discretion determine whether detainee required medical care suggesting commanders provided special training make determination summon care injured detainee district rejecting city motion judgment notwithstanding verdict appeals ruling error submitting failure train claim jury held circuit precedent municipality liable failure train police force plaintiff proves municipality acted recklessly intentionally gross negligence lack training reckless grossly negligent deprivation persons constitutional rights substantially certain result however upon finding certain aspects district jury instructions might led jury believe find city mere respondeat superior theory jury verdict state basis ruled respondent appeals reversed judgment favor remanded case new trial held writ certiorari dismissed improvidently granted basis respondent claim petitioner failed preserve review principal issues since petition certiorari directly addressed critical question actionability municipality failure train since respondent brief opposition neither raised objection petitioner failed press claims courts informed petitioner arguably conceded inadequate training actionable exercise discretion deem defects waived oklahoma city tuttle moreover even asserted failure petitioner present claims makes fashion actually occurred failure affect jurisdiction pp municipality may certain circumstances held liable constitutional violations resulting failure train employees pp petitioner contention liability imposed municipal policy question unconstitutional rejected light rule established case limited circumstances failure train allegation basis liability pp inadequacy police training may serve basis liability failure train relevant respect amounts deliberate indifference constitutional rights persons police come contact contrast appeals overly broad rule deliberate indifference standard consistent rule monell new york city dept social services city liable unless municipal policy custom moving force behind constitutional violation failure train reflects deliberate conscious choice municipality failure properly thought actionable city policy monell satisfied mere allegation training program represents policy city responsible rather focus must whether program adequate tasks particular employees must perform whether inadequate training justifiably said represent city policy moreover identified deficiency training program must closely related ultimate injury thus respondent must still prove deficiency training actually caused police officers indifference medical needs adopt lesser standards fault causation open municipalities unprecedented liability result de facto respondeat superior liability result rejected monell engage federal courts endless exercise municipal programs task ill suited undertake implicate serious questions federalism pp although evidence presently record satisfy deliberate indifference rule liability question whether respondent opportunity prove case rule must left appeals remand since standard proof district ultimately imposed lesser one one adopted white delivered opinion rehnquist brennan marshall blackmun stevens joined parts ii iii scalia kennedy joined except brennan filed concurring opinion post filed opinion concurring part dissenting part scalia kennedy joined post carter phillips argued cause petitioner briefs mark hopson scott gwin william hamann john coury david rudovsky argued cause respondent brief emanuella harris groves dexter clark benna ruth solomon beate bloch richard willard filed brief international city management association et al amici curiae urging reversal john powell steven shapiro howard friedman michael aaron avery filed brief american civil liberties union et al amici curiae urging affirmance justice white delivered opinion case asked determine municipality ever liable constitutional violations resulting failure train municipal employees hold certain circumstances liability permitted statute april respondent geraldine harris arrested officers canton police department harris brought police station patrol wagon arrived station harris found sitting floor wagon asked needed medical attention responded incoherent remark brought inside station processing harris slumped floor two occasions eventually police officers left harris lying floor prevent falling medical attention ever summoned harris hour harris released custody taken ambulance provided family nearby hospital harris diagnosed suffering several emotional ailments hospitalized one week received subsequent outpatient treatment additional year time later harris commenced action alleging many constitutional claims city canton officials among claims one seeking hold city liable violation harris right due process clause fourteenth amendment receive necessary medical attention police custody jury trial held harris claims evidence presented indicated pursuant municipal regulation shift commanders authorized determine sole discretion whether detainee required medical care tr addition testimony also suggested canton shift commanders provided special training beyond training make determination summon medical care injured detainee ibid app pet cert close evidence district submitted case jury rejected harris claims except one claim city resulting failure provide medical treatment custody rejecting city subsequent motion judgment notwithstanding verdict district explained theory liability follows evidence construed manner favorable harris found jury demonstrate city canton custom policy vesting complete authority police supervisor medical treatment administered prisoners jury find evidence vesting carte blanche authority police supervisor without adequate training recognize medical treatment needed grossly negligent reckless future police misconduct almost inevitable substantially certain result city petitioned certiorari arguing sixth circuit holding represented impermissible broadening municipal liability granted petition ii first address respondent contention writ certiorari dismissed improvidently granted petitioner failed preserve review principal issues argues brief respondent think clear enough petitioner three questions presented petition certiorari encompass critical question us case circumstances inadequate training found policy actionable see pet cert petition addressed issue directly attacking sixth circuit failure train theory inconsistent precedents see also clear respondent conceded argument tr oral arg brief opposition granting certiorari raise objection petitioner failed press claims courts respondent contention claims made petitioner made fashion failure occurred affect jurisdiction respondent oppose grant review time based contention claims pressed dismiss writ improvidently granted decision grant certiorari represents commitment scarce judicial resources view deciding merits questions presented petition louis praprotnik quoting oklahoma city tuttle expressly admonished litigants respondent position nonjurisdictional defects sort brought attention later respondent brief opposition petition certiorari consider within discretion deem defect waived tuttle supra true petitioner litigation posture respect questions presented consistent importantly petitioner conceded inadequate training means establishing municipal liability section reply brief petitioner see also petition rehearing however stage proceedings petitioner contested finding liability ground objections varying specificity opposed district jury instructions issue tr claimed judgment notwithstanding verdict motion evidence policy practice part city den ying medical treatment prisoners motion judgment notwithstanding verdict nd ohio argued appeals basis finding policy denying medical treatment prisoners case see brief appellant pp indeed petitioner specifically contended sixth circuit precedents permitted inadequate training basis municipal liability facts similar see supra conflict decision tuttle brief appellant various presentations issues might inexact denied certiorari matter brought attention appropriate stage proceedings least adequate yield decision sixth circuit questions presented review sixth circuit held plaintiff proves municipality acting recklessly intentionally gross negligence failed train police force resulting deprivation constitutional rights substantially certain result permits municipality held liable actions petitioner petition certiorari challenged soundness conclusion respondent inform us prior time review granted petitioner arguably conceded point consequently abstain addressing question us iii monell new york city dept social services decided municipality found liable municipality causes constitutional violation issue respondeat superior vicarious liability attach 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 inquiry difficult one one left deeply divided series cases followed monell one principal focus decision today based difficulty defining contours municipal liability circumstances petitioner urges us adopt rule municipality found liable policy question unconstitutional brief petitioner whether rule valid construction question left unresolved see louis praprotnik supra brennan concurring judgment oklahoma city tuttle supra approach outcome rather clear reverse remand case instructions judgment entered petitioner little doubt face city policy regarding medical treatment detainees constitutional policy city jailer shall person needing medical care taken hospital medical treatment permission supervisor app difficult see constitutional guarantees violated policy without city automatically liable one employees happened apply policy unconstitutional manner liability rest respondeat superior claim case however concededly valid policy unconstitutionally applied municipal employee city liable employee adequately trained constitutional wrong caused failure train reasons explained conclude courts appeals addressed issue limited circumstances allegation failure train basis liability thus reject petitioner contention unconstitutional policies actionable statute though agree city liable inadequate training employees agree district jury instructions issue proper conclude appeals provided overly broad rule municipality held liable failure train theory unlike question whether municipality failure train employees ever basis liability courts appeals agreed see supra substantial division among lower courts degree fault must evidenced municipality inaction liability permitted hold today inadequacy police training may serve basis liability failure train amounts deliberate indifference rights persons police come contact rule consistent admonition monell polk county dodson municipality liable policies moving force behind constitutional violation municipality failure train employees relevant respect evidences deliberate indifference rights inhabitants shortcoming properly thought city policy custom actionable justice brennan opinion pembaur cincinnati plurality put unicipal liability attaches deliberate choice follow course action made among various alternatives city policymakers see also oklahoma city tuttle opinion rehnquist failure train reflects deliberate conscious choice municipality policy defined prior cases city liable failure monell rule city liable unless municipal policy causes constitutional deprivation satisfied merely alleging existing training program class employees police officers represents policy city responsible much may true issue case like one however whether training program adequate question becomes whether inadequate training justifiably said represent city policy may seem contrary common sense assert municipality actually policy taking reasonable steps train employees may happen light duties assigned specific officers employees need different training obvious inadequacy likely result violation constitutional rights policymakers city reasonably said deliberately indifferent need event failure provide proper training may fairly said represent policy city responsible city may held liable actually causes injury resolving issue city liability focus must adequacy training program relation tasks particular officers must perform particular officer may unsatisfactorily trained alone suffice fasten liability city officer shortcomings may resulted factors faulty training program see springfield kibbe dissenting oklahoma city tuttle supra opinion rehnquist may example otherwise sound program occasionally negligently administered neither suffice prove injury accident avoided officer better training sufficient equip avoid particular conduct claim made almost encounter resulting injury yet condemn adequacy program enable officers respond properly usual recurring situations must deal plainly adequately trained officers occasionally make mistakes fact says little training program legal basis holding city liable moreover liability attach circumstance identified deficiency city training program must closely related ultimate injury thus case hand respondent must still prove deficiency training actually caused police officers indifference medical needs injury avoided employee trained program deficient identified respect predicting hypothetically officer acted circumstances may easy task factfinder particularly since matters judgment may involved since officers well trained free error perhaps might react much like untrained officer similar circumstances judge jury respective jobs adequate task adopt lesser standards fault causation open municipalities unprecedented liability virtually every instance person constitutional rights violated city employee plaintiff able point something city done prevent unfortunate incident see oklahoma city tuttle opinion rehnquist thus permitting cases cities failure train employees go forward lesser standard fault result de facto respondeat superior liability municipalities result rejected monell also engage federal courts endless exercise municipal programs exercise believe federal courts ill suited undertake well one implicate serious questions federalism cf rizzo goode 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 iv final question whether case remanded new trial whether petitioner suggests conclude possible grounds respondent prevail see tr oral arg true evidence record meet standard liability set forth standard proof district ultimately imposed respondent consistent sixth circuit precedent lesser one one adopt today see tr whether respondent opportunity prove case deliberate indifference rule adopted matter appeals deal remand consequently reasons given vacate judgment appeals remand case proceedings consistent opinion ordered opinion join makes clear appeals free remand case new trial footnotes every person color statute ordinance regulation custom usage subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress city regulation question provides police officer assigned act jailer city police station shall prisoner found unconscious unable explain condition complains ill person taken hospital medical treatment permission supervisor admitting person city jail app upholding harris failure train claim sixth circuit relied two previous decisions approved theory municipal liability see rymer davis vacated remanded sub nom shepherdsville rhymer reinstated hays jefferson county see louis praprotnik springfield kibbe los angeles heller oklahoma city tuttle addition suggesting city failure train officers amounted policy resulted denial medical care detainees respondent also contended city custom denying medical care detainees suffering emotional mental ailments see brief respondent tr oral arg respondent described brief argument claim unconstitutional custom appears little restatement policy claim see ibid however extent claim poses distinct basis city liability decline determine whether respondent contention custom existed alternative ground affirmance custom claim passed appeals appear presented distinct ground decision see brief appellee pp thus consider addition sixth circuit decisions discussed supra courts appeals held failure train create liability see spell mcdaniel haynesworth miller app warren lincoln bergquist county cochise wierstak heffernan fiacco rensselaer gilmere atlanta en banc rock mccoy languirand hayden two courts appeals stopped short expressly embracing rule instead implicitly endorsed see colburn upper darby township lenard argento addition six current members joined opinions past least implicitly endorsed theory liability see oklahoma city tuttle supra brennan joined marshall blackmun concurring part concurring judgment springfield kibbe supra joined rehnquist powell white dissenting courts held showing gross negligence city failure train employees adequate make claim see bergquist county cochise supra herrera valentine common rule city must exhibit deliberate indifference towards constitutional rights persons domain action failure train permissible see fiacco rensselaer supra patzner burkett wellington daniels languirand hayden supra deliberate indifference standard adopt failure train claims turn upon degree fault plaintiff must show make underlying claim constitutional violation example never determined degree culpability must shown particular constitutional deprivation asserted case denial due process right medical care detention established indeed revere massachusetts general hospital reserved decision question whether something less eighth amendment deliberate indifference test may applicable claims detainees asserting violations due process right medical care custody need resolve question left open revere two reasons first petitioner conceded case comes us must assume respondent constitutional right receive medical care denied city employees whatever nature right might see tr oral arg second proper standard determining municipality liable constitutional wrongs turn underlying culpability test determines wrongs occurred cf brief respondent plurality opinion tuttle explained must obviously one retreats far enough constitutional violation municipal policy identified behind almost harm inflicted municipal official example police officer never killed tuttle oklahoma city policy establishing police force monell must taken require proof city policy different kind latter example claim sent jury theory particular violation caused municipal policy cf also opinion brennan example city policymakers know moral certainty police officers required arrest fleeing felons city armed officers firearms part allow accomplish task thus need train officers constitutional limitations use deadly force see tennessee garner said obvious failure properly characterized deliberate indifference constitutional rights also police exercising discretion often violate constitutional rights need training must plainly obvious city policymakers nevertheless deliberately indifferent need record indicates city train officers training included instruction see app pet cert petitioner argues obvious city training insufficient administer written policy constitutional question resolved remand see part iv infra respondent conceded much argument see tr oral arg cf also oklahoma city tuttle supra opinion brennan justice justice scalia justice kennedy join concurring part dissenting part join parts ii part iii opinion except see ante thus agree municipal policymakers confronted obvious need train city personnel avoid violation constitutional rights deliberately indifferent need lack necessary training may appropriately considered city policy subjecting city liability decision monell new york city dept social services observes nly failure train reflects deliberate conscious choice municipality policy defined prior cases city liable failure ante agree plaintiff pressing failure train claim must prove lack training cause constitutional injury issue entails simply showing causation ante lesser requirements fault causation context open municipalities unprecedented liability ante pose serious federalism concerns ante single point disagreement majority thus small one believe majority strongly hints see respondent satisfy fault causation requirements adopt today think unnecessary remand case appeals proceedings case comes us full trial respondent vigorously pursued numerous theories municipal liability including allegation city custom providing medical care detainees suffering emotional illnesses respondent thus every opportunity incentive adduce type proof necessary satisfy deliberate indifference standard adopt today rather remand context apply deliberate indifference standard facts case undertaking analysis conclude evidence record indicating city canton deliberately indifferent constitutional rights pretrial detainees monell held municipal liability imposed municipality entity said responsible constitutional violation committed one employees touchstone action government body allegation official policy responsible deprivation rights protected constitution found language rejection sherman amendment congress strong indicators framers civil rights act intend municipal governments held vicariously liable constitutional torts employees thus plaintiff seeking attach liability city acts one employees may rest employment relationship alone fault causation acts omissions city must proved reaffirms requirements today claim municipal liability predicated upon failure act requisite degree fault must shown proof background events circumstances establish policy inaction functional equivalent decision city violate constitution without form notice city opportunity conform constitutional dictates chooses failure train theory liability completely engulf monell imposing liability without regard fault moreover absent requirement lack training issue bear close causal connection violation constitutional rights failure train theory municipal liability impose prophylactic duties municipal governments remotely connected underlying constitutional requirements results directly contrary intent drafters central vice sherman amendment noted opinion monell impose species vicarious liability municipalities since construed impose liability even municipality know impending ensuing riot wherewithal anything emphasis added moreover noted monell authors ku klux act intend create new rights duties beyond contained constitution thus referred reenacting constitution cong globe edmunds representative bingham author fourteenth amendment saw purpose enforcement constitution behalf every individual citizen republic extent rights guaranteed constitution app see also chapman houston welfare rights organization section civil rights act provide substantive rights equal otherwise introduced enacted served insure individual cause action violations constitution thus federal good government act municipalities rather creates federal cause action persons including municipalities deprive citizens constitutional rights sensitive concerns opinion correctly requires high degree fault part city officials omission unconstitutional support liability municipal policy monell indicates may happen need different training obvious inadequacy likely result violation constitutional rights policymakers city reasonably said deliberately indifferent need ante plaintiff establish facts available city policymakers put actual constructive notice particular omission substantially certain result violation constitutional rights citizens dictates monell satisfied said municipality made deliberate choice follow course action among various alternatives ante quoting pembaur cincinnati view shown need training obvious one two ways first municipality fail train employees concerning clear constitutional duty implicated recurrent situations particular employee certain face majority notes see ante constitutional limitations established use deadly force police officers present one situation constitutional duty individual officer clear equally clear failure inform city personnel duty create extremely high risk constitutional violations ensue claim case police officers inadequately trained diagnosing symptoms emotional illness falls far short kind obvious need training support finding deliberate indifference constitutional rights part city opinion observes ante yet addressed precise nature obligations due process clause places upon police seek medical care pretrial detainees physically injured apprehended police see revere massachusetts general hospital rehnquist concurring thus clear constitutional guideposts municipalities area diagnosis mental illness one usual recurring situations police must deal ante lack training issue kind omission characterized deliberate indifference constitutional rights second think municipal liability failure train may proper shown policymakers aware acquiesced pattern constitutional violations involving exercise police discretion cases need training may obvious outset pattern constitutional violations put municipality notice officers confront particular situation regular basis often react manner contrary constitutional requirements lower courts applied deliberate indifference standard adopt today required showing pattern violations kind tacit authorization city policymakers inferred see fiacco rensselaer multiple incidents required finding deliberate indifference patzner burkett municipality may liable notice prior misbehavior officers failed take remedial steps amounting deliberate indifference offensive acts languirand hayden municipal liability failure train requires evidence least pattern similar incidents citizens injured endangered wellington daniels failure supervise gives rise liability however situations history widespread abuse may knowledge imputed supervisory personnel opinion recognizes requirement see ante declines evaluate evidence presented case light new legal standard ante outset litigation respondent pressed claim city canton custom denying medical care pretrial detainees emotional disorders see amended complaint app indeed including oral argument counsel respondent continued assert respondent attempting hinge municipal liability upon custom denying medical care certain class prisoners failure train police led particular violation tr oral arg time respondent filed complaint clear proof existence custom entailed showing practices permanent well settled constitute custom usage force law adickes kress see also garner memphis police department discussing proof custom light monell whatever prevailing standard time concerning liability failure train respondent thus every incentive adduce proof trial pattern violations support claim city unwritten custom denying medical care emotionally ill detainees fact respondent presented testimony witness indicating past incidents deliberate indifference medical needs emotionally disturbed detainees circumstance put city actual constructive notice need additional training regard trial david maser chief police city canton testified without contradiction tenure received complaints detainees canton jails accorded proper medical treatment tr former officer cherry served jailer canton police department indicated never seek medical treatment persons emotionally upset prospect arrest usually calmed member department spoke one family members arrived quite simply nothing record indicate city canton reason suspect failing provide kind training lead injuries kind let alone violations due process clause none courts appeals already apply standard adopt today allow respondent take claim jury based facts adduced trial see patzner burkett supra summary judgment proper deliberate indifference standard evidence single incident adduced languirand hayden supra reversing jury verdict rendered failure train theory evidence prior incidents support finding municipal policymakers consciously indifferent constitutional rights wellington daniels supra affirming judgment notwithstanding verdict municipality deliberate indifference standard evidence single incident presented trial cf fiacco rensselaer supra finding evidence deliberate indifference sufficient support jury verdict pattern similar violations shown trial allowing inadequate training claim one go jury based upon single incident invite jury nullification monell infer existence city policy isolated misconduct single officer hold city liable basis policy amount permitting precisely theory strict respondeat superior liability rejected monell oklahoma city tuttle brennan concurring part concurring judgment authors ku klux act realized resources local government inexhaustible grave step shifting resources particular areas constitutional violations likely result deterrent power certainly taken basis isolated incident constitution require city canton provide detailed medical psychological training police officers station paramedics jails city services necessarily suffer including far direct implications protection constitutional rights respondent evidence falls far short establishing high degree fault part city required decision today indication respondent produce new proof regard reverse judgment appeals order entry judgment city