connick district attorney et al thompson argued october decided march petitioner orleans parish district attorney office concedes prosecuting respondent thompson attempted armed robbery prosecutors violated brady maryland failing disclose crime lab report robbery conviction thompson elected testify later murder trial convicted month scheduled execution lab report discovered reviewing vacated convictions thompson found guilty retrial murder charge filed suit district attorney office alleging inter alia brady violation caused office deliberate indifference obvious need train prosecutors avoid constitutional violations district held prove deliberate indifference thompson need show pattern similar brady violations demonstrate need training obvious jury found district attorney office liable failure train awarded thompson damages fifth circuit affirmed equally divided held district attorney office may held liable failure train prosecutors based single brady violation pp plaintiffs seeking impose liability local governments must prove injury caused action pursuant official municipal policy includes decisions government lawmakers acts policymaking officials practices persistent widespread practically force law monell new york city dept social local government decision train certain employees legal duty avoid violating citizens rights may rise level official government policy purposes failure train must amount deliberate indifference rights persons untrained employees come contact canton harris deliberate indifference context requires proof city policymakers disregarded known obvious consequence particular omission training program cause city employees violate citizens constitutional rights board bryan cty brown pp pattern similar constitutional violations untrained employees ordinarily necessary demonstrate deliberate indifference bryan supra without notice course training deficient decisionmakers hardly said deliberately chosen training program cause violations constitutional rights thompson contend proved pattern similar brady violations four reversals louisiana courts dissimilar brady violations years robbery trial put district attorney office notice need specific training pp thompson mistakenly relies liability hypothesized canton contending brady violation case obvious consequence failing provide specific brady training obviousness showing substitute pattern violations ordinarily necessary establish municipal culpability canton theorized city armed police force deployed public capture fleeing felons without training officers constitutional limitation use deadly force failure train reflect city deliberate indifference highly predictable consequence namely violations constitutional rights failure train prosecutors brady obligations fall within narrow range canton hypothesized liability obvious need specific legal training present canton scenario police academy applicants unlikely familiar constitutional constraints deadly force absent training obtain knowledge absent attorneys trained law equipped tools interpret apply legal principles understand constitutional limits exercise legal judgment receive training entering profession must usually satisfy continuing education requirements often train job experienced attorneys must satisfy licensing standards ongoing ethical obligations prosecutors equipped ethically bound know brady entails perform legal research uncertain thus recurring constitutional violations obvious consequence failing provide prosecutors formal training nuance allegedly necessary training also distinguishes case example canton prosecutors familiar general brady rule thus thompson rely lack ability cope constitutional situations underlies canton hypothetical must assert prosecutors trained particular brady evidence specific scenario related violation case sort nuance simply support inference deliberate indifference contrary holding follow brady gray areas brady decisions difficult prosecutors obviously make wrong decisions failing train amounts must decision city violate constitution canton concurring part dissenting part pp reversed thomas delivered opinion roberts scalia kennedy alito joined scalia filed concurring opinion alito joined ginsburg filed dissenting opinion breyer sotomayor kagan joined harry connick district attorney et petitioners john thompson writ certiorari appeals fifth circuit march justice thomas delivered opinion orleans parish district attorney office concedes prosecuting respondent john thompson attempted armed robbery prosecutors failed disclose evidence turned defense brady maryland thompson convicted conviction thompson elected testify defense later trial murder convicted thompson spent years prison including years death row one month thompson scheduled execution investigator discovered undisclosed evidence armed robbery trial reviewing determined evidence exculpatory thompson convictions vacated release prison thompson sued petitioner harry connick official capacity orleans parish district attorney damages rev stat thompson alleged connick failed train prosecutors adequately duty produce exculpatory evidence lack training caused nondisclosure thompson case jury awarded thompson million appeals fifth circuit affirmed evenly divided en banc granted certiorari decide whether district attorney office may held liable failure train based single brady violation hold early john thompson charged murder raymond liuzza new orleans publicity following murder charge led victims unrelated armed robbery identify thompson attacker district attorney charged thompson attempted armed robbery part robbery investigation crime scene technician took one victims pants swatch fabric stained robber blood approximately one week thompson armed robbery trial swatch sent crime laboratory two days trial assistant district attorney bruce whittaker received crime lab report stated perpetrator blood type evidence prosecutors ever thompson blood tested knew blood type whittaker claimed placed report assistant district attorney james williams desk williams denied seeing report never disclosed thompson counsel williams tried armed robbery case assistant district attorney gerry deegan first day trial deegan checked physical evidence case police property room including swatch deegan checked evidence swatch courthouse property room prosecutors mention swatch crime lab report trial jury convicted thompson attempted armed robbery weeks later williams special prosecutor eric dubelier tried thompson liuzza murder armed robbery conviction thompson chose testify defense convicted sentenced death state thompson la years following thompson murder conviction state federal courts reviewed denied challenges conviction sentence see state ex rel thompson cain la thompson cain state scheduled thompson execution may late april thompson private investigator discovered crime lab report armed robbery investigation files new orleans police crime laboratory thompson tested found blood type proving blood swatch thompson attorneys presented evidence district attorney office turn moved stay execution vacate thompson armed robbery louisiana appeals reversed thompson murder conviction concluding armed robbery conviction unconstitutionally deprived thompson right testify defense murder trial state thompson la app district attorney office retried thompson liuzza jury found guilty thompson brought action district attorney office connick williams others alleging conduct caused wrongfully convicted incarcerated years nearly executed claim proceeded trial thompson claim district attorney office violated brady failing disclose crime lab report armed robbery trial see brady thompson alleged liability two theories brady violation caused unconstitutional policy district attorney office violation caused connick deliberate indifference obvious need train prosecutors office order avoid constitutional violations trial connick conceded failure produce crime lab report constituted brady see record accordingly district instructed jury issue whether nondisclosure caused either policy practice custom district attorney office deliberately indifferent failure train office prosecutors record although prosecutor remembered specific training session regarding brady prior undisputed trial prosecutors familiar general brady requirement state disclose defense evidence possession favorable accused prosecutors testified office policy turn crime lab reports scientific evidence defense also testified discovery undisclosed crime lab report prosecutors disagreed whether disclosed brady absent knowledge thompson blood type jury rejected thompson claim unconstitutional office policy caused brady violation found district attorney office liable failing train prosecutors jury awarded thompson million damages district added million attorney fees costs verdict connick renewed objection raised summary judgment deliberately indifferent obvious need different brady training evidence aware pattern similar brady violations district rejected argument reasons given summary judgment order order concluded pattern violations necessary prove deliberate indifference need training obvious civ ed app pet cert wl relying canton harris held thompson demonstrate deliberate indifference proving da office knew moral certainty assistan district attorneys acquire brady material without training always obvious brady requires withholding brady material virtually always lead substantial violation constitutional rights app pet cert wl panel appeals fifth circuit affirmed panel acknowledged thompson present evidence pattern similar brady violations held thompson need prove pattern according panel thompson demonstrated connick notice obvious need brady training presenting evidence attorneys often fresh law school undoubtedly required confront brady issues da office erroneous decisions regarding brady evidence result serious constitutional violations resolution brady issues often unclear training brady helpful appeals sitting en banc vacated panel opinion granted rehearing divided evenly thereby affirming district per curiam four opinions divided en banc disputed whether thompson establish municipal liability failure train prosecutors based single brady violation without proving prior pattern similar violations evidence make showing granted certiorari ii brady violation conceded case occurred one four prosecutors involved thompson armed robbery prosecution failed disclose crime lab report thompson counsel thompson theory bore burden proving connick policymaker district attorney office deliberately indifferent need train prosecutors brady disclosure obligation respect evidence type lack training actually caused brady violation case connick argues entitled judgment matter law thompson prove actual constructive notice therefore deliberately indifferent need different brady training title provides relevant part every person color statute ordinance regulation custom usage state 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 municipality local government may liable section governmental body subjects person deprivation rights causes person subjected deprivation see monell new york city dept social local governments responsible illegal acts pembaur cincinnati citing monell vicariously liable employees actions see canton board bryan cty brown collecting cases plaintiffs seek impose liability local governments must prove action pursuant official municipal policy caused injury monell see official municipal policy includes decisions government lawmakers acts policymaking officials practices persistent widespread practically force law see ibid pembaur supra adickes kress action municipality actually responsible pembaur supra limited circumstances local government decision train certain employees legal duty avoid violating citizens rights may rise level official government policy purposes municipality culpability deprivation rights tenuous claim turns failure train see oklahoma city tuttle plurality opinion far nebulous good deal removed constitutional violation policy monell satisfy statute municipality failure train employees relevant respect must amount deliberate indifference rights persons untrained employees come contact canton shortcoming properly thought city custom actionable eliberate indifference stringent standard fault requiring proof municipal actor disregarded known obvious consequence action bryan thus city policymakers actual constructive notice particular omission training program causes city employees violate citizens constitutional rights city may deemed deliberately indifferent policymakers choose retain program city policy inaction light notice program cause constitutional violations functional equivalent decision city violate constitution canton concurring part dissenting part less stringent standard fault claim result de facto respondeat superior liability municipalities see also pembaur supra opinion brennan unicipal liability attaches deliberate choice follow course action made among various alternatives relevant officials pattern similar constitutional violations untrained employees ordinarily necessary demonstrate deliberate indifference purposes failure train bryan policymakers continued adherence approach know know failed prevent tortious conduct employees may establish conscious disregard consequences action indifference necessary trigger municipal liability without notice course training deficient particular respect decisionmakers hardly said deliberately chosen training program cause violations constitutional rights although thompson contend proved pattern similar brady violations vacated en banc points ten years preceding armed robbery trial louisiana courts overturned four convictions brady violations prosecutors connick four reversals put connick notice office brady training inadequate respect sort brady violation issue none cases involved failure disclose blood evidence crime lab report physical scientific evidence kind incidents similar violation issue put connick notice specific training necessary avoid constitutional instead relying pattern similar brady violations thompson relies liability hypothesized canton contends brady violation case obvious consequence failing provide specific brady training showing obviousness substitute pattern violations ordinarily necessary establish municipal culpability canton left open possibility narrow range circumstances pattern similar violations might necessary show deliberate indifference bryan supra posed hypothetical example city arms police force firearms deploys armed officers public capture fleeing felons without training officers constitutional limitation use deadly force canton supra given known frequency police attempt arrest fleeing felons predictability officer lacking specific tools handle situation violate citizens rights theorized city decision train officers constitutional limits use deadly force reflect city deliberate indifference highly predictable consequence namely violations constitutional rights bryan supra sought foreclose possibility however rare unconstitutional consequences failing train patently obvious city liable without proof pattern violations failure train prosecutors brady obligations fall within narrow range canton hypothesized liability obvious need specific legal training present canton scenario absent armed police must sometimes make decisions consequences reason assume police academy applicants familiar constitutional constraints use deadly force absence training way novice officers obtain legal knowledge require circumstances obvious need form training stark contrast legal raining differentiates attorneys average public employees opinion clement attorneys trained law equipped tools interpret apply legal principles understand constitutional limits exercise legal judgment may enter profession receive law license attorneys must graduate law school pass substantive examination attorneys vast majority jurisdictions must see la state bar assn lsba articles incorporation la rev stat ann ch art west supp amended threshold requirements designed ensure new attorneys learned find understand apply legal rules cf cronic noting presumption lawyer competent provide guiding hand defendant needs applies even young inexperienced lawyers first jury trial even case complex professional training end graduation jurisdictions require attorneys satisfy requirements see lsba articles incorporation art rule effective la sup rule xxx effective even jurisdictions impose mandatory requirements mandate attorneys represent clients competently encourage attorneys engage continuing study education see mass rule prof conduct comment west louisiana adopted requirements imposed similar general competency requirements state bar lsba articles incorporation art ec dr west effective attorneys practice attorneys district attorney offices also train job learn experienced attorneys instance orleans parish district attorney office junior prosecutors trained senior prosecutors supervised worked together prepare cases trial trial chiefs oversaw preparation cases senior attorneys also circulated decisions instructional memoranda keep prosecutors abreast relevant legal developments addition attorneys jurisdictions must satisfy character fitness standards receive law license personally subject ethical regime designed reinforce profession standards see lsba articles incorporation art see generally art code professional responsibility trial lawyers duty bring bear skill knowledge render trial reliable adversarial testing process strickland washington prosecutors special duty seek justice merely convict lsba articles incorporation art ec aba standards criminal justice ed among prosecutors unique ethical obligations duty produce brady evidence defense see lsba articles incorporation art ec aba model rule prof conduct attorney violates ethical obligations subject professional discipline including sanctions suspension disbarment see lsba articles incorporation art art dr aba model rule prof conduct light regime legal training professional responsibility recurring constitutional violations obvious consequence failing provide prosecutors formal training obey law bryan prosecutors equipped also ethically bound know brady entails perform legal research uncertain district attorney entitled rely prosecutors professional training ethical obligations absence specific reason pattern violations believe tools insufficient prevent future constitutional violations usual recurring situations prosecutors must deal canton licensed attorney making legal judgments capacity prosecutor brady material simply present highly predictable constitutional danger canton untrained officer second significant difference case example canton nuance allegedly necessary training canton hypothetical assumes armed police officers knowledge constitutional limits use deadly force undisputed prosecutors connick office familiar general brady rule thompson complaint therefore rely utter lack ability cope constitutional situations underlies canton hypothetical rather must assert prosecutors trained particular brady evidence specific scenario related violation case sort nuance simply support inference deliberate indifference said canton virtually every instance person constitutional rights violated city employee plaintiff able point something city done prevent unfortunate incident citing tuttle plurality opinion thompson suggests absence formal training sessions brady equivalent complete absence legal training imagined canton liability concerned substance training particular instructional format statute provide plaintiffs courts carte blanche micromanage local governments throughout assume prosecutors always make correct brady decisions guidance regarding specific brady questions assist prosecutors showing merely additional training helpful making difficult decisions establish municipal liability rov ing injury accident avoided employee better training sufficient equip avoid particular conduct suffice canton supra possibility liability left open canton dissent rejects holding canton hypothesized liability legal matter encompass failure train prosecutors brady obligation instead apply canton hypothetical case thus devotes almost opinion explaining evidence supports liability dissent attempt address holding pointing prosecutors necessarily enrolled criminal procedure class misses point see post reason canton hypothetical inapplicable attorneys unlike police officers equipped tools find interpret apply legal principles end opinion however dissent finally reveals real disagreement holding today precedent dissent see reason post conclusion bryan county pattern violations ordinarily necessary demonstrate deliberate indifference purposes failure train cf explaining pattern violations ordinarily necessary cf post describing reliance bryan county imply ing new limitation precedent makes clear proving municipality actually caused constitutional violation failing train offending employee presents difficult problems proof must adhere stringent standard fault lest municipal liability collapse respondeat bryan county see canton district appeals panel erroneously believed thompson proved deliberate indifference showing obviousness need additional training based conclusion connick awareness prosecutors confront brady issues district attorney office inexperienced prosecutors expected understand brady requirements brady gray areas make difficult choices erroneous decisions regarding brady evidence result constitutional violations app pet cert wl insufficient follow brady gray areas brady decisions difficult prosecutors obviously make wrong decisions failing train amounts decision city violate constitution canton concurring part dissenting part prove deliberate indifference thompson needed show connick notice absent additional specified training highly predictable prosecutors office confounded gray areas make incorrect brady decisions result fact thompson show predictable failing train prosecutors amounted conscious disregard defendants brady rights see bryan canton supra iii role prosecutor see justice done berger much prosecutor duty refrain improper methods calculated produce wrongful conviction use every legitimate means bring one ibid admission prosecutors tried thompson armed robbery case failed carry responsibility issue us whether connick policymaker district attorney office deliberately indifferent need train attorneys authority conclude case fall within narrow range liability hypothesized canton possible exception pattern violations necessary prove deliberate indifference actions alleging failure train district granted connick judgment matter law claim thompson prove pattern similar violations establish inaction functional equivalent decision city violate constitution canton supra opinion judgment appeals fifth circuit reversed ordered harry connick district attorney et petitioners john thompson writ certiorari appeals fifth circuit march justice scalia justice alito joins concurring join opinion full write separately address several aspects dissent dissent lengthy excavation trial record puzzling exertion question presented review whether municipality liable single brady violation one prosecutors even though pattern practice prior violations put municipality notice need specific training prevented see brady maryland question legal one whether brady violation presents one rare circumstances hypothesized canton need training constitutional requirements obvious ex ante municipality failure provide training amounts deliberate indifference constitutional violations see canton harris dissent defers consideration question page opinion first devotes considerable space allegations connick prosecutors misunderstood brady asked trial see post opinion ginsburg supposed gaps brady guidance provided connick office prosecutors including deficiencies unrelated specific brady violation issue case policy manual published connick office three years thompson trial see post none relevant thompson theory trial based pervasive culture indifference brady rather inevitability mistakes enough iterations criminal trials district instructed jury find connick deliberately indifferent first district attorney certain prosecutors confront situation decide evidence required constitution provided accused second situation involved difficult choice one prosecutors history mishandling additional training supervision monitoring clearly needed third wrong choice prosecutor situation frequently cause deprivation accused constitutional rights app theory deliberate indifference repeal law favor law large numbers brady mistakes inevitable species error routinely confronted prosecutors authorizing bad warrant losing claim crossing line closing argument eliciting hearsay violates confrontation clause nevertheless de facto respondeat superior liability canton violation rubric simply municipality professional educational program covering specific violation sufficient thompson theory law need canton confine hypothetical extreme circumstance arming police officers guns without telling constitutional limitations upon shooting fleeing felons district instructions cover every recurring situation citizens rights violated result squared admonition liability available limited circumstances pattern violations ordinarily necessary establish municipal culpability causation board bryan cty brown restrictions indispensable without failure train become talismanic incantation producing municipal liability virtually every instance person constitutional rights violated city employee monell rejects canton worse engage federal courts endless exercise municipal programs thereby diminishing autonomy state local governments ibid perhaps reason dissent seriously contend thompson theory recovery proper rather accuses connick acquiescing theory trial see post accusation false connick central claim liability brady violation premised single incident requires pattern practice previous violations pressed argument summary judgment stage rebuffed trial connick offered jury instruction effect trial judge effectively told stop bringing subject connick counsel also part definition location honor like include language says deliberate indifference training requires pattern similar violations proof deliberate indifference requires single isolated act thompson counsel law honor giving motion summary judgment denied tr nothing required preserve claim error see fed rule civ proc event recover municipality plaintiff must satisfy rigorous standard causation bryan must demonstrate direct causal link municipal action deprivation federal rights thompson meet standard withholding evidence case almost certainly caused failure give prosecutors specific training miscreant prosecutor gerry deegan willful suppression evidence believed exculpatory effort railroad thompson according deegan colleague michael riehlmann deegan confessed conversation deegan revealed months live suppressed blood evidence armed robbery trial john thompson way exculpated defendant app see also deegan told failed inform defense exculpatory information reason disbelieve account particularly since riehlmann testimony hardly paints flattering picture riehlmann kept silent deegan misconduct another five years result incurred professional sanctions see riehlmann la riehlmann story true moving force bryan supra internal quotation marks omitted behind suppression evidence deegan failure continuing legal education dissent suspends disbelief insisting proper brady training surely least one prosecutors thompson trial turned lab report blood swatch post training must consist mere broad encomiums brady made clear identified deficiency city training program must closely related ultimate injury canton supra even indulging dissent assumption thompson prosecutors failed disclose lab report good faith way prevented training sort training prevented nondisclosure blood report known exculpatory perhaps better question ask legally accurate training prevented dissent suggestion instruct prosecutors ignore portion brady limiting prosecutors disclosure obligations evidence favorable accused instead dissent proposes connick communicated orleans parish prosecutors uncertain terms physical evidence tested establish innocence person charged turn post quoting tr oral arg though labeled training suggestion dissent proposal better described sub silentio expansion substantive law brady cases establishes obligation never read dissent cite since thompson trial however decided case appears say opposite training dissent require arizona youngblood held unless criminal defendant show bad faith part police failure preserve potentially useful evidence constitute denial due process law acknowledged brady makes good bad faith state irrelevant state fails disclose defendant material exculpatory evidence concluded due process clause requires different result deal failure state preserve evidentiary material said subjected tests results might exonerated defendant perhaps one day recognize distinction failures preserve destruction evidence whose inculpatory exculpatory character unknown failures turn evidence defense failure train prosecutors observe distinction constitute deliberate indifference reader doubtless guessed secret case probably brady violation except deegan since knowing violation possibly attributed lack training dissent surely knows leans heavily fact connick conceded brady violated honor concession analysis case even extends beyond deegan deliberate actions remains irrelevant connick training obligations brady violation apart deegan surely frontier brady jurisprudence connick possibly notice decades ago required instruct prosecutors respect right untested evidence still recognized consequence even accepted dissent conclusion liability premised single brady error agree lack accurate training regimen caused violation connick conceded harry connick district attorney et petitioners john thompson writ certiorari appeals fifth circuit march justice ginsburg justice breyer justice sotomayor justice kagan join dissenting brady maryland held due process requires prosecution turn evidence favorable accused material guilt punishment obligation parties stipulated dishonored case consequently john thompson spent years prison isolated death row truth came light innocent charge attempted armed robbery subsequent trial murder charge prosecutorial design fundamentally unfair holds orleans parish district attorney office district attorney office office held liable civil rights action grave injustice thompson suffered tells us thompson shown aberrant brady violation routine practice giving short shrift brady requirements evidence presented jury awarded compensation thompson however points distinctly away assessment trial record action reveals conceded prosecutorial transgressions neither isolated atypical top evidence showed members district attorney office including district misperceived brady compass therefore inadequately attended disclosure obligations throughout pretrial trial proceedings thompson team four engaged prosecuting armed robbery murder hid defense exculpatory information thompson requested constitutional right receive prosecutors despite multiple opportunities spanning nearly two decades set record straight based prosecutors conduct relating thompson trials fact trier reasonably conclude inattention brady standard operating procedure district attorney office happened opinion obscures momentary oversight single incident lone officer misconduct instead evidence demonstrated misperception disregard brady disclosure requirements pervasive orleans parish evidence hold established persistent deliberately indifferent conduct district attorney office bears responsibility dissent judgment mindful brady violations case illustrates easily detected chance discovery made defense team investigator weeks thompson scheduled execution evidence led exoneration might remained wraps prosecutorial concealment thompson encountered however bound repeated unless municipal agencies bear responsibility made tangible liability adequately conveying brady requires monitoring staff compliance failure train said give rise municipal liability failure amounts deliberate indifference rights persons untrained employees come contact canton harris standard well met case turn first contextual account brady violations infected thompson trials early morning hours december assailant shot killed raymond liuzza son prominent new orleans business executive street fronting victim home one witness saw assailant recorded two contemporaneous police reports eyewitness initially described assailant six feet tall close cut hair record thompson five feet eight inches tall time murder styled hair large afro police reports witness immediate identification disclosed thompson engaged murder investigation orleans parish prosecutors linked thompson another violent crime committed three weeks later december assailant attempted rob three siblings gunpoint struggle perpetrator blood stained oldest child pant leg blood preserved swatch fabric cut pant leg crime scene analyst eventually tested test conclusively established perpetrator blood type thompson blood type prosecutors failed disclose existence swatch test results one month liuzza murder richard perkins man knew thompson approached liuzza family perkins family announcement reward information leading murderer conviction police officers surreptitiously recorded documented tape perkins told family mind helping catch perpetrator like help know help family assured perkins side want try help perkins intimated thompson another man kevin freeman involved liuzza murder perkins thereafter told police learned freeman murder information recorded police report based perkins account thompson freeman arrested murder charges freeman six feet tall went name kojak kept hair closely trimmed scalp visible unlike thompson freeman fit eyewitness initial description liuzza assailant height hair style notes ante freeman became key witness prosecution thompson trial murder liuzza thompson arrest liuzza murder father armed robbery victims saw newspaper photo thompson large afro hairstyle showed children reported district attorney office children identified thompson attacker children picked photo photographic lineup record indicting thompson basis questionable identifications district attorney office pause test pant leg swatch dyed perpetrator blood lapse ignored overlooked prosecutor notation office may wish blood test murder trial scheduled begin armed later indictment thompson robbery however prosecutors made strategic choice switched order two trials proceeding first robbery indictment aim twofold robbery conviction gained first serve inhibit thompson testifying defense murder trial prior conviction used impeach credibility addition armed robbery conviction invoked penalty phase murder trial support prosecution plea death penalty recognizing need effective prosecution team petitioner harry connick district attorney parish orleans appointed eric dubelier special prosecutor cases dubelier enlisted jim williams try armed robbery case assist murder case gerry deegan assisted williams armed robbery case bruce whittaker fourth prosecutor involved cases approved thompson armed robbery pretrial proceedings armed robbery case thompson filed motion requesting access materials information favorable defendant material relevant issue guilt punishment well results reports scientific tests experiments prosecutorial responses motion fell far short brady first prosecutors blocked defense counsel inspection pant leg swatch stained robber blood although dubelier april response stated inspection permitted swatch signed property room next day returned noon april day trial thompson attorney inspected evidence made available found blood evidence one told defense counsel swatch recent removal property room tr cf ante thompson attorney access evidence locker swatch recorded evidence second dubelier whittaker ordered crime laboratory rush pretrial test swatch tr whittaker received lab report addressed attention two days trial commenced immediately thereafter placed lab report williams desk record although lab report conclusively identified perpetrator blood type district attorney office never revealed report third deegan checked swatch property room morning first day trial prosecution produce swatch trial deegan return swatch property room trial swatch never found tr oral arg ased solely descriptions provided three victims record jury convicted thompson attempted armed robbery sentenced years without possibility parole maximum available sentence prosecutors continued disregard brady murder trial held may prosecution strategy achieved prosecuting thompson armed robbery first withholding blood evidence might exonerated thompson charge district attorney office disabled thompson testifying defense murder earlier observed see supra impeaching use prior conviction severely undermined thompson credibility thompson effectively stopped testifying defense testimony witnesses gained force prosecution failure reveal evidence impeached witnesses helped seal thompson fate first prosecution undermined thompson efforts impeach perkins perkins testified volunteered information police knowledge reward money record prosecutors produced audiotapes perkins conversations liuzza family police summary tapes thompson attorneys little cast doubt perkins credibility closing argument prosecution emphasized thompson presented direct evidence reward money motivated witnesses second prosecution impeded thompson impeachment key witness kevin freeman failing disclose police report containing perkins account learned freeman murder see supra freeman trial testimony materially inconsistent report tr record lacking knowledge police report thompson point inconsistencies third vital eyewitness initial description assailant hair see supra prime relevance suggested freeman thompson murdered liuzza see supra materiality eyewitness contemporaneous description murderer altogether apparent prosecution failure produce police reports setting eyewitness first said undermined efforts impeach witness police officer initially interviewed omission left defense counsel without knowledge prosecutors restyling killer close cut hair afro prosecutors finessed discrepancy eyewitness initial description thompson appearance asked leading questions prompting eyewitness agree stand perpetrator hair afro type yet straight back record corroboratively police officer refreshing recollection reviewing material prosecution table gave artful testimony characterized witness initial description perpetrator hair black short afro style emphasis added prosecutors well knew nothing withheld police reports described murderer hair simply close cut portrayed perpetrator afro hair jury found thompson guilty murder prevented thompson testifying freeman killer prosecution delivered ultimate argument thompson already serving sentence attempted armed robbery prosecution urged way punish murder execute strategy worked planned thompson sentenced death thompson discovered prosecutors misconduct serendipitous series events nine years thompson convictions deegan assistant prosecutor armed robbery trial learned terminally ill soon thereafter deegan confessed friend michael riehlmann suppressed blood evidence armed robbery case deegan heed riehlmann counsel reveal done five years riehlmann former orleans parish prosecutor kept deegan confession april state louisiana scheduled thompson execution effort save life thompson attorneys hired private investigator deep crime lab archives investigator unearthed microfiche copy lab report identifying robber blood type copy showed report addressed whittaker see supra thompson attorneys contacted whittaker informed riehlmann lab report found riehlmann thereupon told whittaker deegan failed turn stuff might exculpatory tr riehlmann prepared affidavit describing deegan disclosure intentionally suppressed blood evidence armed robbery trial john thompson record thompson lawyers presented trial crime lab report showing robber blood type report identifying thompson blood type evidence proved thompson innocent robbery immediately stayed thompson execution commenced proceedings assess newly discovered evidence connick sought abbreviated hearing full hearing unnecessary urged office confessed error moved dismiss armed robbery charges see insisted public hearing given history case said willing accept representations connick office made motion dismiss full day hearing vacated thompson attempted armed robbery conviction dismissed charges admonished day long number young assistant sitting courtroom watching hope take home take heart message kind conduct go parish criminal justice system going work district attorney office initiated grand jury proceedings prosecutors withheld lab report connick terminated grand jury one day maintained lab report brady material prosecutors know thompson blood type tr cf supra told investigating prosecutor grand jury ould make job difficult tr protest prosecutor tendered resignation thereafter louisiana appeal reversed thompson murder conviction state thompson unlawfully procured robbery conviction held violated thompson right testify thus fully present defense murder trial merits several brady claims arising murder trial observed therefore become moot see also record cf ante suggesting brady violations murder prosecution adjudicated violations undeterred assistants disregard thompson rights connick retried liuzza murder thompson defense bolstered evidence earlier unavailable ten exhibits prosecution disclosed thompson first tried newly produced items included police reports describing assailant murder case close cut hair police report recounting perkins meetings liuzza family see supra audio recordings meetings supplemental police report deliberating minutes jury found thompson guilty may served years prison crimes commit thompson released ii july thompson commenced civil action alleging connick officials orleans parish district attorney office office violated constitutional rights wrongfully withholding brady evidence thompson sought hold connick district attorney office liable failure adequately train prosecutors concerning brady obligations liability attaches agree failure amount indifference rights persons untrained employees come contact ante quoting canton harris disagree however conclusion thompson failed prove deliberate indifference weighed evidence jury case found thompson concluding district attorney office deliberately indifferent thompson brady rights need training supervision safeguard rights viewing evidence light favorable thompson appropriate light verdic rendered jury patrick burget see cause upset district determination affirmed fifth circuit ample evidence adduced trial supported jury verdict record years ago observed municipality failure provide training may egregious even without notice prior constitutional violations failure properly characterized indifference constitutional rights canton light duties assigned specific officers employees canton recognized may happen need different training obvious inadequacy likely result violation constitutional rights policymakers reasonably said deliberately indifferent need thompson presented convincing evidence satisfy standard thompson suit proceeded jury trial two theories liability first orleans parish office official brady policy unconstitutional second connick deliberately indifferent obvious need train prosecutors brady obligations connick brady policy directed prosecutors turn required state federal law brief petitioners jury thus understandably rejected thompson claim official policy unconstitutional ante jury found however connick deliberately indifferent need train prosecutors brady command special verdict form jury answered yes following question brady violation armed robbery case infringements john thompson rights murder trial substantially caused connick failure deliberate indifference establish policies procedures protect one accused crime constitutional violations record consistent question put jury without objection instructed jurors ou limited nonproduced blood evidence resulting infringement thompson right testify murder trial may consider evidence presented trial tr record cf ante ante scalia concurring maintaining case involves single brady violation evidence included stipulation retrial liuzza murder thompson introduced ten exhibits containing relevant information withheld prosecution see supra abundant evidence supported jury finding additional brady training obviously necessary ensure brady violations occur connick office sole policymaker misunderstood brady leaders office bore direct responsibility training less experienced prosecutors similarly uninformed brady prosecutors office received brady training office shirked responsibility keep prosecutors abreast relevant legal developments concerning brady requirements result multiple shortfalls hardly surprising brady violations fact occurred severely undermining integrity thompson trials connick office sole policymaker testimony exposed flawed understanding prosecutor brady obligations first connick admitted jury earlier understanding brady conveyed prior sworn testimony narrow tr second connick confessed withheld crime lab report one time prosecutor got indicted attorney third even trial connick persisted misstating brady requirements example connick urged brady violation arising inadvertent conduct assistant pressure lot case load tr however correctly instructed jury determining whether brady violation good bad faith prosecution matter tr testimony leaders district attorney office revealed similar misunderstandings misunderstandings jury find large part responsible gross disregard brady rights thompson experienced dubelier admitted never reviewed police files simply relied police flag potential brady information tr however instructed jury individual prosecutor duty learn favorable evidence known others acting government behalf case including police record williams asked whether brady material includes documents possession district attorney used impeach witness show lying responded simply mistakenly tr testimony individuals orleans parish district attorney office thompson expert exposed complete errors brady required prosecutors dubelier understanding obligations brady whatsoever expert observed williams still sure obligations brady cf ante undisputed trial prosecutors familiar general brady requirement state disclose defense evidence possession favorable jury attribute violations thompson rights directly prosecutors misapprehension brady prosecution obligation produce hair police reports williams maintained newspaper reports suggested witness descriptions consistent thompson appearance therefore williams urged defense already everything tr dubelier tendered alternative explanation nondisclosure dubelier view descriptions inconsistent thompson appearance portrayed police photograph showing thompson hair extending least three inches forehead record williams insisted discharged prosecution duty disclose blood evidence mentioning motion hearing prosecution intended obtain blood sample thompson tr armed robbery trial williams told one victims results blood test made swatch inconclusive testified action lab report brady material know blood type thompson tr see supra district instructed jury lab report brady material connick comprehended orleans parish prosecutors lacked essential guidance brady application fact connick effectively conceded brady training office inadequate tr oral arg connick explained jury prosecutors offices must make clear new prosecutors responsibility brady must giv lot leeway tr jury heard ample evidence connick office gave prosecutors brady guidance installed procedures monitor brady compliance connick acknowledged many prosecutors coming fresh law school office uge turnover allowed attorneys little experience advance quickly supervisory positions see tr dubelier williams two highest ranking attorneys office yet neither man even five years experience prosecutor see supra record tr dubelier williams learned prosecutorial craft connick office earlier observed see supra testimony manifested woefully deficient understanding brady dubelier williams told jury recall brady training office tr connick testified relied supervisors including dubelier williams ensure prosecutors familiar brady obligations tr yet connick inquire whether supervisors understood importance teaching newer prosecutors brady riehlmann recall ever trained instructed anybody brady obligations job otherwise tr whittaker agreed possible inexperienced lawyers weeks law school training bear responsibility decisions whether material brady material produced thompson expert characterized connick supervision regarding brady blind leading blind tr example trial attorneys sometimes went connick brady questions tell proceed tr connick acknowledged stopped reading law books looking opinions first elected district attorney part training prosecutors purportedly attended pretrial conference office chief trials taking case trial connick intended practice provide training accountability achieved neither aim thompson prosecutions dubelier williams senior prosecutors office free take cases trial without pretrying proceeded thompson prosecutions record cf ante rial chiefs oversaw preparation prosecutors confirmed training district attorney office overall deficient soon connick retired survey assistant district attorneys office revealed half felt received training needed jobs tr thompson bears emphasis complaining absence formal training sessions tr oral arg cf ante complaint demand brady compliance enforced particular way asks brady obligations communicated accurately genuinely happen district attorney office inevitable prosecutors misapprehend brady brady importance brought home prosecutors surely least one four officers knew swatch lab report revealed existence defense counsel louisiana require continuing legal education time thompson trials tr cf ante primary responsibility keeping prosecutors au courant developments law therefore resided district attorney office course connick tenure district attorney jury learned office chief appeals circulated memoranda appellate courts issued important opinions tr office policy manual compilation memoranda criminal law practice circulated prosecutors connick became district attorney manual contained four sentences nothing slim instruction jury learned notably inaccurate incomplete dated tr cf ante senior attorneys also circulated decisions instructional memoranda keep abreast relevant legal example manual acknowledge giglio made plain impeachment evidence brady material prosecutors obligated sum evidence permitted jury reach following conclusions first connick ensure prosecutors office knew brady obligations neither confirmed familiarity brady hired saw training took place watch second need brady training monitoring obvious connick indeed testified third connick cavalier approach staff knowledge observation brady requirements contributed culture inattention brady orleans parish earlier noted see supra connick resisted effort hold prosecutors accountable brady compliance felt effort make job difficult tr never disciplined fired single prosecutor violating brady tr jury told decision kyles whitley capital case prosecuted connick office garnered attention featured many instances state failure disclose exculpatory evidence stevens concurring questioned kyles connick told jury satisfied office practices saw need occasioned kyles make changes tr quantity quality evidence canvassed sufficient warrant jury determination connick prosecutors served merely negligent regarding brady rather deliberately indifferent law requires canton spoke circumstances need training may obvious lack training likely result constitutional violations policymakers provide requisite training reasonably said deliberately indifferent need training case convinced belongs category canton marked canton offered illustration ity policymakers know moral certainty police officers required arrest fleeing felons policymakers canton observed equip police officers firearms facilitate arrests ibid need instruct armed officers constitutional limitations use deadly force canton said obvious failure train officers properly characterized indifference constitutional rights ibid district tracking canton language instructed jury thompson prevail deliberate indifference claim evidence persuaded jury three points first connick certain prosecutors confront situation decide evidence required constitution provided accused tr second situation involved difficult choice one prosecutors history mishandling additional training supervision monitoring clearly needed ibid third wrong choice prosecutor situation frequently cause deprivation accused constitutional rights ibid record see canton walker new york petitioners used formulation failure train standard pretrial submissions record proposed jury instruction deliberate petitioners dispute connick kn moral certainty prosecutors regularly face brady decisions see canton jury furthermore reasonably find brady rights may involve choices difficult connick obviously knew known prosecutors needed perfunctory training make correct choices see canton demonstrated earlier see supra even trial prosecutors failed give accurate account brady obligations emphasized earlier see supra evidence permitted jury conclude connick known brady training office bordered zero see tr oral arg moreover connick understood newer prosecutors needed clear guidance left grapple brady tr thus obvious jury find constitutional rights jeopardy prosecutors received slim brady training based evidence presented jury conclude brady errors untrained prosecutors frequently cause deprivations defendants constitutional rights jury learned several brady oversights thompson trials heard testimony connick office one worst brady records country tr prosecutors faced considerable pressure get convictions instructed turn required state federal law brief petitioners risk real err withholding rather revealing information favorable defense sum despite justice scalia protestations contrary ante brady violations thompson prosecutions singular aberrational one expect given attitude toward brady pervasive district attorney office thompson demonstrated fewer five prosecutors four trial prosecutors riehlmann disregarded brady rights established kept year upon year evidence vital defense conduct showed equal force foreseeable consequence lax training absence monitoring legal requirement fundamental fair unquestionably municipality leaves police officers untrained constitutional limits use deadly weapons places lives jeopardy canton case vividly shows municipality empowers prosecutors press death sentence without ensuring prosecutors know honor brady rights may less deliberately indifferent risk innocent lives brady long recognized among basic safeguards brigading criminal defendant fair trial right see cone bell slip see also bagley marshall dissenting vigilance superintending prosecutors attention brady requirement important reason brady violation nature causes suppression evidence beyond defendant capacity ferret absence withheld evidence may result conviction innocent defendant unconscionable impose reasonable controls impelling prosecutors bring information light nevertheless holds canton example inapposite maintains professional obligations ethics rules training including training set attorneys apart municipal employees including rookie police officers ante connick every incentive trial attempt establish reasonably rely professional education status staff cf ante jury heard rejected argument effect tr advances connick argument greater clarity greater support basis one confident law schools acquaint students prosecutors unique obligation brady whittaker told jury recall covering brady criminal procedure class law school tr dubelier alma mater like law faculties make criminal procedure required connick suggested bar examination ensures new attorneys know brady demands tr research indicates however present brady questions accounted even total points criminal law procedure section administration louisiana bar person sitting louisiana bar examination moreover need pass five exam nine one qualify admission profession showing even passing knowledge criminal law procedure majority suggestion lawyers need brady training equipped tools find interpret apply legal principles ante blinks reality belied facts case see brief former federal civil rights officials prosecutors amici curiae connick recognized prosecutors inexperience equipped indeed understanding complying brady obligations easy tasks appropriate way resolve brady issues always brief former federal civil rights officials prosecutors amici curiae brady compliance therefore much risk fundamental fairness criminal justice system taken granted training remains critical majority suggests prior pattern similar violations necessary show deliberate indifference defendants brady rights see ante text contains reason imply district attorney deliberate indifference might shown several ways short prior case one instance connick indicted suppression evidence created tinderbox orleans parish brady violations nigh inevitable occur connick insisted need change anything opposed efforts hold prosecutors accountable ground make job difficult district attorney aware office high turnover rate recruits prosecutors fresh law school promotes rapidly ranks bears responsibility ensuring training takes place short buck stops recognizes duty produce brady evidence defense mong prosecutors unique ethical obligations ante evidence case presents overwhelming support conclusion orleans parish office slighted responsibility profession state system justice providing brady training connick entitled rely prosecutors professional training ante connick principal insurer training reasons stated affirm judgment appeals fifth circuit like district uphold jury verdict awarding damages thompson gross deliberately indifferent violation fair trial right footnotes thompson discovered crime lab report former assistant district attorney michael riehlmann revealed deegan confessed intentionally suppressed blood evidence armed robbery trial john thompson way exculpated defendant record see also deegan apparently recently diagnosed terminal cancer made confession following disciplinary complaint district attorney office louisiana reprimanded riehlmann failing disclose deegan admission earlier riehlmann la thompson testified defense second trial presented evidence suggesting another man committed murder man government key witness first murder trial died interval first second trials connick conceded failure disclose crime lab report violated brady question presented address district rejected connick proposed deliberate indifference jury instruction required thompson prove pattern similar violations reasons summary judgment motion tr record see also tr oral arg conclude thompson failed prove deliberate indifference need reach causation thus address whether alleged training deficiency cause force canton harris quoting monell new york city dept social polk county dodson actually caused failure disclose crime lab report canton supra said dissent however affirming verdict favor thompson require finding proved deliberate indifference proved causation perhaps unsurprisingly dissent conducted second step analysis require showing failure provide particular training dissent never clearly identifies actually caused flagrant quite possibly intentional misconduct occurred case see post opinion ginsburg assuming ad brady importance brought home prosecutors violation issue surely occurred dissent believes evidence prosecutors allegedly misapprehen ded brady proves causation post course evidence need training sufficient prove lack training actually caused violation issue causation requirement necessary every plaintiff satisfied deliberate indifference requirement necessarily satisfy causation requirement thompson every incentive trial attempt establish pattern similar violations given jury instruction allowed jury find deliberate indifference based among things prosecutors history mishandling similar situations record thompson also asserts case single incident four prosecutors may responsible nondisclosure crime lab report according allegations withheld additional evidence armed robbery murder trials contemporaneous subsequent conduct establish pattern violations provide notice cit opportunity conform constitutional dictates canton concurring part dissenting part moreover ever found brady violations thompson alleges occurred armed robbery murder trials louisiana state bar code professional responsibility included broad understanding prosecutor duty disclose respect evidence witnesses prosecutor responsibilities different lawyer private practice prosecutor make timely disclosure defense available evidence known tends negate guilt accused mitigate degree offense reduce punishment prosecutor intentionally avoid pursuit evidence merely believes damage prosecution case aid accused lsba articles incorporation art ec see also aba model rule prof conduct prosecutor criminal case shall make timely disclosure defense evidence information known prosecutor tends negate guilt accused mitigates offense addition ethical rules louisiana code criminal procedure louisiana prosecutors doubt familiar required prosecutors upon order permit inspection evidence favorable defendant material relevant issue guilt punishment la code crim proc art west added well results reports scientific tests experiments made connection material particular case reports exculpatory intended use trial art contrary dissent assertion see post citing post prosecutor youth specific reason rely professional training ethical obligations see supra citing cronic thompson also argues proved deliberate indifference direct evidence policymaker fault presumably need rely circumstantial evidence brief respondent support thompson contends connick created culture indifference district attorney office evidenced connick allegedly inadequate understanding brady office unwritten brady policy later incorporated handbook officewide restrictive discovery policy brief respondent argument essentially assertion connick office unconstitutional policy custom jury rejected claim thompson challenge finding dissent spends considerable time finding new brady violations thompson trials see post violations relevant even dissent legal analysis mystery post dissent list violations among bundant evidence believes supports jury finding brady training obviously necessary post dissent quarrel conclusion contemporaneous subsequent conduct establish pattern violations point appears highlight dissent sees sympathetic even legally irrelevant facts event dissent findings highly suspect finding two new violations dissent belatedly tries reverse appeals decision brady claims without merit compare thompson cain rejecting brady claims regarding audiotapes perkins police report post concluding brady violations basis dissent suggestion materially new facts called appeals decision question cf state thompson la app noting thompson admission current brady claims ha rejected louisiana federal courts regarding swatch dissent asserts prosecutors blocked defense inspecting sending crime lab testing post thompson counsel conceded oral argument trial counsel access evidence locker swatch recorded evidence see tr oral arg record evidence card identifying one piece victims sic right pants leg among evidence evidence locker indicating evidence checked tr testimony thompson counsel ent evidence room checked evidence testimony evidence card available public available thompson counsel seen thompson counsel stapled evidence bag normal process moreover dissent seriously believe jury found brady violations indisputably questions law see post although dissent acknowledges deliberate indifference liability respondeat superior liability one opinion suggests believes otherwise post see post asserting buck stops district attorney post suggesting municipal liability attaches prosecutors deliberately indifferent law requires stand longstanding rule reaffirmed unanimous earlier term prove violation plaintiff must prove municipality wrongful conduct caused injury municipality ultimately responsible torts employees los angeles county humphries ante see humphries ante citing monell footnotes monell new york city dept social batson kentucky share dissent confidence result avoided instruction requirement likely brady material produced prosecutors involved underlying criminal cases properly trained supervised monitored regarding production brady evidence post quoting tr comforting assurance depends entirely proper training consists limited training aspects brady repeatedly violated includes dissent include training avoid violation assurance assurance dissent contention instruction connick proposed resembled charge given district post disregards requested instruction concerning necessity pattern prior violations meaningless say rejected connick categorical position assail district formulation deliberate indifference instruction post requirement part connick requested formulation deliberate indifference prove deliberate indifference plaintiff must demonstrate least pattern similar violations arising training clearly inadequate obviously likely result constitutional violation record doc emphasis added dissent cite support theory comes unexpected source connick testimony qualifies brady material see post connick told prosecutors told jury asked whether prosecutor must disclose crime lab report defense even know defendant blood type law qualifies brady material quoting tr given effort dissent expended persuading us connick understanding brady profoundly misguided newfound trust expertise subject say least surprising dissent response jury must found otherwise since instructed liability attach failure train fault must training program particular prosecutor post quoting tr instruction require jury find deegan commit knowing violation merely prevented jury finding connick liable failure train agree part point footnotes exhibits entered evidence thompson trial herein cited reference page number exhibit binder compiled district included record appeal majority endorses fifth circuit conclusion thompson tried murder brady violation occurred respect audio tapes ecause defense counsel knowledge evidence easily requested access prosecution thompson cain ante basis asserted knowledge mystery recordings secretly made come light long thompson trials time assignment dubelier served district attorney office three half years williams four half years deegan recent law school graduate less one year whittaker three years connick dispute failure disclose swatch crime lab report violated brady see tr cf ante limiting connick concession connick failure disclose crime lab report justice scalia contrary view probably brady violation violation thompson rights surely frontier brady jurisprudence connick possibly notice need train ante connick counsel however saw matter differently ny reasonable prosecutor recognized blood evidence brady material said indeed proper response obvious record majority assails highly suspect suggestion prosecutors violated brady failing disclose swatch see ante parties stipulated thompson action jury informed rior armed robbery trial thompson attorneys advised existence blood evidence evidence tested blood type determined definitively swatch tr consistent stipulation thompson trial counsel testified spoke clerk maintain ed evidence learned hey blood evidence district instructed jury objection connick nonproduced blood evidence violated thompson constitutional rights matter law justice scalia questions petitioners concession brady violated prosecution failed inform thompson blood evidence considers evidence outside brady prosecution endeavor test thompson blood therefore avoided knowing evidence fact exculpatory ante ask tell view prosecutor brady obligations garners support precedent see also supra infra jury deliberations armed robbery case williams orleans parish trial attorney common two prosecutions told thompson objective uncertain terms going fry die electric chair tr louisiana appeal concluded connick dispute thompson testified absence attempted armed robbery conviction state thompson cf ante thompson elected testify thompson argued state failed produce police reports information identified whose testimony exonerated inculpated freeman shown perkins stated heard thompson admit committing murder promised reward money testimony thompson leaving arguments unaddressed louisiana appeal surely defer fifth circuit earlier assessment claims made anemic record thompson cain louisiana appeal suggest thompson belatedly tr ying reverse fifth circuit decision cf ante notes thompson cain fifth circuit rejected brady claims raised thompson characterizing one claims without merit ante quoting thompson see supra however overlooks date fifth circuit decision rendered revelation brady violations armed robbery trial thompson opportunity discovery suit thompson aware close cut hair police reports see thompson later revelations little thompson knew count example fifth circuit believed perkins statement recorded police report differ freeman trial testimony evidence put jury trial showed police report several material respects inconsistent freeman trial testimony tr connick never suggested jury trial bound fifth circuit brady rulings afford ed great deference state trial findings made relief hearing thompson jury trial course far extensive accurate information reach decision moreover earlier noted trial made findings outraged subsequently discovered brady violations connick reluctance bring violations light see supra certainly judge wanted jury assessed connick deliberate indifference trial defer findings earlier made notably incomplete record permitted thompson introduce evidence brady violations blood evidence alone proved violation thompson constitutional rights declined specifically ask jury whether stuff also brady tr allowed thompson submit proof violations sho cumulative nature impact evidence training deliberate indifference ibid cf ante questioning violations relevant case far indulging factfindings cf ante simply recite evidence supporting jury verdict thompson trial misleadingly district instructed jury issue whether nondisclosure crime lab report caused either policy practice custom attorney office deliberately indifferent failure train office prosecutors ante jury instruction majority cites simply directed jury regard blood evidence matter law thompson constitutional rights violated record preclude jury assessing evidence infringements thompson rights see kyles whitley state obligation brady turns cumulative effect evidence suppressed government objection petitioners found thompson expert joseph lawless qualified testify expert criminal law procedure tr lawless practiced criminal law years assistant district attorney thereafter entered private practice author prosecutorial misconduct law procedure forms ed first published tr text used class ethics tactics criminal lawyer harvard law school federal defender training program administrative office courts ward brady violations kind connick conceded example connick communicated orleans parish prosecutors uncertain terms physical evidence tested establish innocence person charged turn tr oral arg evidence conclusively establish scientific certainty innocence person charged turn connick told prosecutors told jury asked whether prosecutor must disclose crime lab report defense even prosecutor know defendant blood type law qualifies brady material louisiana law must turn brady must turn failed disclose crime lab report one time prosecutor got indicted attorney tr cf ante scalia concurring questioning connick notice need train prosecutors brady violations conceded case scarcely disagree respect dubelier williams whittaker acknowledges flagran cy deegan conduct see ante dispute pretrial prosecutors knew existence swatch lab report section manual titled brady material full cases response request defense attorneys judge orders state produce called brady material information possession state exculpatory regarding defendant duty produce brady material ongoing continues throughout entirety trial failure produce brady material resulted mistrials reversals well extended battles jeopardy issues cases review brady issues including apparently statements made defendant must included conference assistant must familiar law regarding exculpatory information possessed state record relevant time period many significant developments brady jurisprudence among decisions handed bagley rejected distinction impeachment evidence exculpatory evidence brady context weatherford bursey brady implicated claim state revealed present eyewitness testimony particular agent defendant trial agurs brady claim may arise undisclosed evidence demonstrates prosecution case includes perjured testimony prosecution knew known perjury defense counsel makes pretrial request specific evidence government fails accede request defense counsel makes request government fails disclose obviously exculpatory evidence decisions referenced manual compiled circulated memoranda period louisiana issued dozens opinions discussing brady including state sylvester impeachment evidence must disclosed response specific request create reasonable doubt otherwise exist state brooks brady extends material information favorable accused state carney reversible error prosecution fails even inadvertently disclose bargain witness justice scalia contends theory deliberate indifference repeal law monell creates danger train become talismanic incantation producing municipal liability virtually every instance person constitutional rights violated city employee ante internal quotation marks omitted district charge however cautiously cabined jury assessment connick deliberate indifference see tr thompson must prove likely brady material produced prosecutors involved underlying criminal cases properly trained supervised monitored regarding production brady see also deliberate indifference jury instruction case based second circuit opinion walker new york applying canton complaint alleging district attorney failed train prosecutors brady justice scalia fears calmed experience second circuit litigation flood even rainfall skinner switzer slip circuit walker wake see brief national association criminal defense lawyers amicus curiae tellingly second circuit nearly years since decided walker successful lawsuits constitutional violations committed prosecutors trial reported violation brady case citation omitted brief center administration criminal law new york university school law et al amici curiae walker prompted flood liability instruction connick proposed resembled charge given district see supra connick proposed instruction read district attorney failure train supervise constitutes deliberate indifference constitutional rights citizens plaintiff must show harry connick knew moral certainty employees confront given situation plaintiff must show situation either presents employee difficult choice training supervision make choice less difficult history employees mishandling situation plaintiff must show wrong choice assistant district attorney frequently cause deprivation citizen constitutional rights record citing canton punctuation altered cf ante scalia concurring criticizing thompson theory deliberate indifference petitioners true argued along prove deliberate indifference thompson demonstrate pattern violations brief appellants see ante scalia concurring rejected categorical position petitioners otherwise assail district formulation deliberate indifference instruction record courts noted often trying nature prosecutor brady obligation see state whitlock la app recognizing case involving brady issues connick office usually difficult determine whether inconsistencies omitted information witnesses statements material defendant guilt quoting state davenport la jury draw direct causal connection connick deliberate indifference prosecutors misapprehension brady brady violations thompson case see supra prosecutors misunderstandings brady large part responsible gross disregard brady rights thompson experienced supra jury attribute violations thompson rights directly prosecutors misapprehension brady supra williams believe brady required disclosure impeachment evidence believe obligation turn impeaching hair police reports supra time armed robbery trial williams reported results blood test swatch inconclusive ibid williams testified lab report brady material supra dubelier williams lead prosecutors thompson trials learned prosecutorial craft connick office recall brady training demonstrated woefully deficient understanding brady received supervision thompson trials supra brady importance brought home prosecutors surely least one four officers knew swatch lab report revealed existence defense counsel supra connick want hold prosecutors accountable brady compliance felt make job difficult supra connick never disciplined single prosecutor violating brady supra prosecutors faced considerable pressure get convictions instructed turn required state federal law risk real err withholding rather revealing information favorable defense citations internal quotation marks omitted cf ante dissent believes evidence prosecutors allegedly ded brady proves note furthermore jury received clear instructions causation element neither connick majority disputes accuracy adequacy instruction prevail thompson must prove likely brady material produced prosecutors involved underlying criminal cases properly trained supervised monitored regarding production brady evidence tr jury properly instructed liability attach failure train fault must training program particular prosecutor instruction finding connick liable jury necessarily rejected argument echoed justice scalia deegan bad guy see also ante indeed thompson shown simply deegan deliberately withheld evidence agree basis liability reams evidence showed disregard brady occurred orleans parish thompson robbery murder trials see tulane university law school curriculum http select academics select curriculum visited mar clerk case file see louisiana committee bar admissions compilation louisiana state bar examinations july available clerk case file see la state bar articles incorporation art la rev stat ann ch app west ibid west board bryan cty brown reaffirmed evidence single violation federal rights accompanied showing municipality failed train employees handle recurring situations presenting obvious potential violation trigger municipal liability conducting inquiry acknowledged may easy task factfinder canton harris bryan county retreat conclusion canton judge jury respective jobs adequate task see also bryan county absent pattern municipal liability may predicated particular glaring omission training regimen cf ante suggesting set facts plaintiff establish deliberate indifference failure train prosecutors brady obligation without showing prior pattern violations congress sought render claim relief contingent showing pattern practice expressly see shall unlawful governmental authority engage pattern practice conduct law enforcement officers deprives persons rights protected constitution person adversely affected pattern practice telemarketing may bring civil action authorizing attorney general bring civil action reason believe person engaged pattern practice violating section see also authorizing federal communications commission establish additional rules commission finds prior adjudicated violations section constitute pattern practice violations end majority leaves open possibility something pattern violations also give district attorney specific reason know additional training necessary see ante connick admission reason see supra example prosecutor office deliberately indifferent longstanding policy abandoned policy failed provide training show prosecutors comply brady obligations altered circumstances district attorney deliberately indifferent practice paring prosecutors untrained prosecutors knew supervision stopped untrained prosecutors committing brady violations nevertheless changed staffing cases untrained prosecutors worked without supervision majority reads statement endorsement respondeat superior liability ante entirely misses point cf ante canton recognized deliberate indifference liability respondeat superior liability one connick directly responsible brady violations thompson prosecutions hired prosecutors violated brady deliberate indifference