board county commissioners bryan county oklahoma brown et argued november decided april held county liable sheriff moore isolated decision hire burns without adequate screening respondent demonstrated decision reflected conscious disregard high risk burns use excessive force violation respondent federally protected right pp municipality may held liable solely employs tortfeasor see monell new york city dept social instead plaintiff must identify municipal policy custom caused injury see pembaur cincinnati contrary respondent contention policy giving rise liability established merely identifying policymaker conduct isproperly attributable municipality plaintiff must also demonstrate deliberate conduct municipality moving force behind injury alleged see monell supra plaintiff must show municipal action taken requisite degree culpability must demonstrate direct causal link municipal action deprivation federal rights pp respondent claim policymaker single facially lawful hiring decision trigger municipal liability presents difficult problems proof recognized cause action based single decision attributable municipality evidence municipality acted plaintiff suffered deprivation federal rights also proved fault causation see pembaur supra relying heavily pembaur respondent blurs distinction cases present difficult fault causation questions claims present involve allegation municipal action violated federal law directed authorized deprivation federal rights require application rigorous culpability causation standards order ensure municipality held liable solely employees actions canton harris example held plaintiff seeking establish municipal liability theory facially lawful municipal action allegedly inadequate training program led employee violate plaintiff rights must demonstrate municipal action simply negligent taken deliberate indifference known obvious consequences respondent reliance canton analogy failure train cases inadequate screening cases persuasive leaving open possibility municipal liability triggered evidence single violation federal rights accompanied showing municipality failed train employees handle recurring situations presenting obvious potential violation canton simply hypothesized narrow range circumstances violation may highly predictable consequence failure train thereby justify finding deliberate indifference policymakers predicting consequence single hiring decision even one based inadequate assessment record far difficult adequate scrutiny applicant background lead reasonable policymaker conclude plainly obvious consequence decision hire applicant deprivation third party federally protected right official failure adequately scrutinize applicant background constitute deliberate indifference neither district appeals directly tested whether burns background made use excessive force making arrest plainly obvious consequence hiring decision pp even assuming without deciding proof single instance inadequate screening ever trigger municipal liability moore failure scrutinize burns record constitute deliberate indifference respondent federally protected right free use excessive force test link moore action respondent injury must asked whether full review burns record reveals moore concluded burns use excessive force plainly obvious consequence decision hire burns respondent showing point inadequate primary infractions relies prove burns propensity violence arose single college fight full review burns record might well led moore conclude burns extremely poor deputy candidate necessarily reached decision burns use excessive force plainly obvious consequence decision hire district therefore erred submitting inadequate screening theory jury pp vacated remanded delivered opinion rehnquist scalia kennedy thomas joined souter filed dissenting opinion stevens breyer joined breyer filed dissenting opinion stevens ginsburg joined notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press board county commissioners bryan county oklahoma petitioner jill brown et al writ certiorari appeals fifth circuit april justice delivered opinion respondent jill brown brought claim damages petitioner bryan county rev stat alleged county police officer used excessive force arresting county liable injuries based sheriff hiring training decisions prevailed claims county following jury trial appeals fifth circuit affirmed judgment county basis hiring claim alone granted certiorari conclude appeals decision squared recognition enacting congress intend impose liability municipality unless deliberate action attributable municipality moving force behind plaintiff deprivation federal rights monell new york city dept social early morning hours may respondent jill brown husband driving grayson county texas home bryan county oklahoma crossing oklahoma approached police checkpoint brown driving decided avoid checkpoint return texas seeing browns truck turn away checkpoint bryan county deputy sheriff robert morrison reserve deputy stacy burns pursued vehicle although parties versions events differ trial deputies claimed patrol car reached speeds excess miles per hour brown testified unaware deputies attempts overtake chase finally ended four miles south police checkpoint got squad car deputy sheriff morrison pointed gun toward browns vehicle ordered browns raise hands reserve deputy burns unarmed rounded corner vehicle passenger side burns twice ordered respondent jill brown vehicle exit used arm bar technique grabbing respondent arm wrist elbow pulling vehicle spinning ground respondent knees severely injured later underwent corrective surgery ultimately may need knee replacements respondent sought compensation injuries state law burns bryan county sheriff moore county respondent claimed among things bryan county liable burns alleged use excessive force based sheriff moore decision hire burns son nephew specifically respondent claimed sheriff moore failed adequately review burns background burns record driving infractions pleaded guilty various driving related misdemeanors including assault battery resisting arrest public drunkenness oklahoma law preclude hiring anindividual committed misdemeanor serve peace officer see okla tit requiring hiring agency certify prospective officer records reflect felony conviction trial sheriff moore testified obtained burns driving record report burns national crime information center closely reviewed either sheriff moore authorized burns make arrests carry weapon operate patrol car ruling issue district dismissed respondent claim sheriff moore prior trial app counsel bryan county stipulated sheriff moore policy maker bryan county regarding sheriff department close respondent case close evidence bryan county moved judgment matter law respondent claim sheriff moore decision hire burns triggered municipal liability county argued single hiring decision municipal policymaker give rise municipal liability district denied county motions also overruled county objections jury instructions claim county resolve respondent claims jury asked answer several interrogatories jury concluded stacy burns arrested respondent without probable cause used excessive force therefore found liable respondent injuries also found hiring policy training policy bryan county case stacy burns instituted policymaker moore inadequate amount deliberate indifference constitutional needs plaintiff district entered judgment respondent issue bryancounty liability county appealed several grounds appeals fifth circuit affirmed held among things bryan county properly found liable based sheriff moore decision hire burns addressed points thought merited review address jury determination county liability based inadequate training burns granted certiorari decide whether county properly held liable respondent injuries based sheriff moore single decision hire burns reverse title provides relevant part every person color statute ordinance regulation custom usage state territory district columbia 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 instead monell subsequent cases required plaintiff seeking impose liability municipality identify municipal policy custom caused plaintiff injury see monell supra pembaur supra canton supra locating policy ensures municipality held liable deprivations resulting decisions duly constituted legislative body officials whose acts may fairly said municipality monell supra similarly act performed pursuant custom formally approved appropriate decisionmaker may fairly subject municipality liability theory relevant practice widespread force law citing adickes kress parties join issue whether monell subsequent cases single hiring decision county sheriff policy triggers municipal liability relying decision pembaur respondent claims single act decisionmaker final authority relevant area constitutes policy attributable municipality long plaintiff identifies decision properly attributable municipality respondent argues risk imposing respondeat superior liability whether decision intended govern situation hand serve rule applied time immaterial rather respondent theory identification act proper municipal decisionmaker required ensure municipality held liable conduct appeals accepted respondent approach municipal liability jurisprudence illustrates however enough plaintiff merely identify conduct properly attributable municipality plaintiff must also demonstrate deliberate conduct municipality moving force behind injury alleged plaintiff must show municipal action taken requisite degree culpability must demonstrate direct causal link municipal action deprivation federal rights plaintiff claims particular municipal action violates federal law directs employee resolving issues fault causation straightforward section contains state mind requirement independent necessary state violation underlying federal right daniels williams suit however plaintiff must establish state mind required prove underlying violation accordingly proof municipality legislative body authorized decisionmaker intentionally deprived plaintiff federally protected right necessarily establishes municipality acted culpably similarly conclusion action taken directed municipality authorized decisionmaker violates federal law also determine municipal action moving force behind injury plaintiff complains sheriff moore hiring decision legal sheriff moore authorize burns use excessive force respondent claim rather single facially lawful hiring decision launch series events ultimately cause violation federal rights plaintiff claims municipality directly inflicted injury nonetheless caused employee rigorous standards culpability causation must applied ensure municipality held liable solely actions employee see canton tuttle supra plurality opinion see also springfield kibbe dissent dismissal writ improvidently granted relying heavily pembaur respondent blurs distinction cases present difficult questions fault causation extent recognized cause action based single decision attributable municipality done evidence municipality acted plaintiff suffered deprivation federal rights also proved fault causation example owen independence newport fact concerts involved formal decisions municipal legislative bodies owen city council allegedly censured discharged employee without hearing fact concerts city council canceled license permitting concert following dispute performance content neither decision reflected implementation generally applicable rule question decision duly promulgated city lawmakers trigger municipal liability decision found unconstitutional fault causation obvious case proof municipality decision unconstitutional suffice establish municipality liable plaintiff constitutional injury similarly pembaur cincinnati concerned decision county prosecutor acting county final decisionmaker direct county deputies forcibly enter petitioner place business serve capiases upon third parties relying owen newport concluded final decisionmaker adoption course action tailored particular situation intended control decisions later situations may circumstances give rise municipal liability pembaur disputed prosecutor specifically directed action resulting deprivation petitioner rights conclusion decision final municipal decisionmaker therefore properly attributable municipality established municipal liability questions fault causation arose claims involving allegation municipal action violated federal law directed authorized deprivation federal rights present much difficult problems proof plaintiff suffered deprivation federal rights hands municipal employee alone permit inference municipal culpability causation plaintiff simply shown employee acted culpably recognized difficulties canton harris supra considered claim inadequate training shift supervisors city jail led deprivation detainee constitutional rights weheld quite apart state mind required establish underlying constitutional violation case violation due process plaintiff seeking establish municipal liability theory facially lawful municipal action led employee violate plaintiff rights must demonstrate municipal action taken deliberate indifference known obvious consequences showing simple even heightened negligence suffice concluded canton inadequate training claim basis liability limited circumstances spoke however deficient training program necessarily intended apply time multiple employees existence program makes proof fault causation least possible inadequate training case program prevent constitutional violations municipal decisionmakers may eventually put notice new program called continued adherence approach know know failed prevent tortious conduct employees may establish conscious disregard consequences action deliberate indifference necessary trigger municipal liability police exercising discretion often violate constitutional rights need training must plainly obvious city policymakers nevertheless indifferent need concurring part dissenting part unicipal liability failure train may proper shown policymakers aware acquiesced pattern constitutional violations addition existence pattern tortious conduct inadequately trained employees may tend show lack proper training rather one time negligent administration program factors peculiar officer involved particular incident moving force behind plaintiff injury see trial counsel bryan county stipulated sheriff moore policy maker bryan county regarding sheriff department app indeed county sought avoid liability claiming board commissioners participated policy decisions regarding conduct operation office bryan county sheriff accepting county representations case presents difficult questions concerning whether sheriff moore final authority act municipality hiring matters cf jett dallas independent school louis praprotnik respondent claim identify pattern injuries linked sheriff moore hiring practices indeed respondent contend sheriff moore hiring practices generally defective evidence point trial suggested sheriff moore adequately screened backgrounds prior deputies hired app respondent instead seeks trace liability described deviation sheriff moore ordinary hiring practices claim municipal liability rests single decision representing violation federal law directing violation danger municipality held liable without fault high decision necessarily governs single case notice municipal decisionmaker based previous violations federally protected rights approach inadequate readily apparent municipality action caused injury question plaintiff point incident tending make likely plaintiff owninjury flows municipality action rather intervening cause canton foreclose possibility evidence single violation federal rights accompanied showing municipality failed train employees handle recurring situations presenting obvious potential violation trigger municipal liability may happen light duties assigned specific officers employees need different training obvious policymakers city reasonably said deliberately indifferent need respondent purports rely canton arguing burns use excessive force plainly obvious consequence sheriff moore failure screen burns record essence respondent claims showing obviousness demonstrate sheriff moore acted conscious disregard consequences action sheriff action directly caused injuries thus substitute pattern injuries ordinarily necessary establish municipal culpability causation proffered analogy failure train cases inadequate screening cases persuasive leaving open canton possibility plaintiff might succeed carrying failure train claim without showing pattern constitutional violations simply hypothesized narrow range circumstances violation federal rights may highly predictable consequence failure equip law enforcement officers specific tools handle recurring situations likelihood situation recur predictability officer lacking specific tools handle situation violate citizens rights justify finding policymakers decision train officer reflected deliberateindifference obvious consequence policymakers choice namely violation specific constitutional statutory right high degree predictability may also support inference causation municipality indifference led directly consequence predictable plaintiff presents claim premised upon inadequacy official review prospective applicant record however particular danger municipality held liable injury directly caused deliberate action attributable municipality every injury suffered hands municipal employee traced hiring decision sense municipality decision hire employee plaintiff suffered injury prevent municipal liability hiring decision collapsing respondeat superior liability must carefully test link policymaker inadequate decision particular injury alleged attempting import reasoning canton hiring context respondent ignores fact predicting consequence single hiring decision even one based inadequate assessment record far difficult predicting might flow failure train single law enforcement officer specific skill necessary discharge duties decision canton makes clear deliberate indifference stringent standard fault requiring proof municipal actor disregarded known obvious consequence action unlike risk particular glaring omission training regimen risk single instance inadequate screening applicant background obvious abstract rather depends upon background applicant lack scrutiny may increase likelihood unfit officer hired unfit officer placed particular position affect rights citizens act improperly generalized showing risk fact inadequate scrutiny applicant background make violation rights likely alone give rise inference policymaker failure scrutinize record particular applicant produced specific constitutional violation full screening applicant background might reveal cause concern hiring official failed scrutinize applicant background said consciously disregarded obvious risk officer subsequently inflict particular constitutional injury assume jury properly find case sheriff moore assessment burns background inadequate sheriff moore testimony indicated inquire underlying conduct disposition misdemeanor charges reflected burns record hiring showing instance inadequate screening enough establish deliberate indifference layman terms inadequate screening applicant record may reflect indifference applicant background purposes legal inquiry municipal liability however relevant indifference plaintiff must demonstrate municipal decision reflects deliberate indifference risk violation particular constitutional statutory right follow decision adequate scrutiny applicant background lead reasonable policymaker conclude plainly obvious consequence decision hire applicant deprivation third party federally protected right official failure adequately scrutinize applicant background constitute deliberate indifference neither district appeals directly tested link burns actual background risk hired use excessive force district instructed jury theory analogous reserved canton required respondent prove sheriff moore inadequate screening burns background likely result violations constitutional rights sheriff reasonably said deliberately indifferent constitutional needs plaintiff app emphasis added also instructed jury without elaboration respondent required prove inadequate hiring policy directly caused plaintiff injury ibid discussed finding culpability simply depend mere probability officer inadequately screened inflict constitutional injury rather must depend finding officer highly likely inflict particular injury suffered plaintiff connection background particular applicant specific constitutional violation alleged must strong district instructions culpability therefore jury finding municipal liability failed capture whether burns background made use excessive force making arrest plainly obvious consequence hiring decision appeals affirmance jury finding municipal liability depended view jury found inadequate screening deputy likely result violation citizens constitutional rights emphasis added beyond relying risk violations unspecified constitutional rights appeals also posited sheriff moore decision reflected indifference public welfare even assuming without deciding proof single instance inadequate screening ever trigger municipal liability evidence case insufficient support finding hiring burns sheriff moore disregarded known obvious risk injury test link sheriff moore hiring decision respondent injury must ask whether full review burns record reveals sheriff moore concluded burns use excessive force plainly obvious consequence hiring decision point respondent showing inadequate sure burns record reflected various misdemeanor infractions respondent claims record demonstrated strong propensity violence burns application excessive force highly likely primary charges respondent relies however arising fight college campus burns student connection single incident burns charged assault battery resisting arrest public drunkenness january pleaded guilty charges burns also pleaded guilty various driving related offenses including nine moving violations charge driving suspended license addition burns previously pleaded guilty actual physical control vehicle intoxicated fact burns pleaded guilty traffic offenses misdemeanors may well made extremely poor candidate reserve deputy sheriff moore fully reviewed burns record might come precisely conclusion butunless necessarily reached decision burns use excessive force plainly obvious consequence hiring decision sheriff moore inadequate scrutiny burns record constitute deliberate indifference respondent federally protected right free use excessive force justice souter reading case jury believed sheriff moore fact read burns entire record post plausible also irrelevant sufficient respondent show sheriff moore read burns record therefore hired burns knowledge background decision may reflect indifference burns record required deliberate indifference plaintiff constitutional right whether sheriff moore failed examine burns record partially examined fully examined sheriff moore hiring decision deliberately indifferent unless light record burns use excessive force plainly obvious consequence hiring decision insufficient evidence jury base finding sheriff moore decision hire burns reflected conscious disregard obvious risk use excessive force follow district erred submitting respondent inadequate screening claim jury cases involving constitutional injuries allegedly traceable ill considered hiring decision pose greatest risk municipality held liable injury cause broadest sense every injury traceable hiring decision fails adhere rigorous requirements culpability causation municipal liability collapses respondeat superior liability recognized monell repeatedly reaffirmed congress intendmunicipalities held liable unless deliberate action attributable municipality directly caused deprivation federal rights failure apply stringent culpability causation requirements raises serious federalism concerns risks constitutionalizing particular hiring requirements elected impose cf canton harris bryan county liable sheriff moore isolated decision hire burns without adequate screening respondent demonstrated decision reflected conscious disregard high risk burns use excessive force violation respondent federally protected right therefore vacate judgment appeals remand case proceedings consistent opinion ordered board county commissioners bryan county oklahoma petitioner jill brown et al writ certiorari appeals fifth circuit april justice souter justice stevens justice breyer join dissenting pembaur cincinnati held municipality liable harm caused single act policymaking officer matter within authority covered policy previously identified central question presented whether rule applies single act neither violates commands violation federal law answer yes single act amounts deliberate indifference substantial risk violation federal law result significant qualifications assumes theory raises skeptical hurdles reaching conclusion practice virtually guarantees disposition case holds matter law sheriff act thought reflect deliberate indifference risk subordinate violate constitution using excessive force respectfully dissent much level skepticism reversal judgment monell new york city dept social overruled monroe pape insofar monroe held inapplicable governments beneath state level municipal short monell supra time decided congress meant municipalities persons subject however also concluded municipal liability statute based traditional theory respondeat superior said purposes act attributed municipality merely act municipal agent performed course exercising power delegated municipality local law reasoned instead execution government policy custom whether made lawmakers whose edicts acts may fairly said represent official policy inflicts injury government entity responsible see pembaur supra assigning municipal liability monell accordingly distinguish act municipal agent without independent authority establish policy act one authorized set policy local law likewise distinguish acts lower level employees depending whether implement manifest policy set authority set act municipality act authorized policymaker employee following policymaker lead policy requirement intended distinguish acts municipality acts employees municipality thereby make clear municipal liability limited action municipality actually responsible pembaur supra overview indicates policy requirement may satisfied one way fact three alternatives discernible prior cases certainly met appropriate officer entity promulgates generally applicable statement policy subsequent act complained simply implementation policy monell exemplified circumstances city agencies issued rule requiring pregnant employees take unpaid leaves absence medical need arose monell supra also held policy requirement satisfied rule announced policy federal law violated act policymaker situation choice policy implementation one first action suffice ground municipal liability simply policymaker acting see pembaur supra cf newport fact concerts implicitly assuming policymaker single act sustain action owen independence matter policymaker may chosen course action tailored particular situation intended control decisions later situations pembaur decision adopt particular course action intentionally made authorized policymaker surely represents act official government municipality equally responsible whether action taken taken repeatedly ibid finally identified municipal policy third situation even policymaker failed act affirmatively long need take action control agents government obvious inadequacy existing practice likely result violation constitutional rights policymake reasonably said deliberately indifferent need canton harris obvious example policymaker sits hands repeated unlawful acts subordinate officers failure evidences indifference rights municipality inhabitants policymaker toleration subordinates behavior establishes policy practice readily attributable municipality one act policy practice described policy choice may inferred even without pattern acts subordinate officers long need action policymaker obvious failure act rises deliberate indifference deliberate indifference thus treated elsewhere law tantamount intent inaction policymaker deliberately indifferent substantial risk harm equivalent intentional action setting policy presupposes compare pembaur supra plurality opinion brennan deliberate choice policymaker oklahoma cityv tuttle plurality opinion rehnquist generally implies course action consciously chosen canton supra municipality failure train employees evidences indifference rights inhabitants shortcoming city custom actionable prior law sheriff moore failure screen old great nephew burns basis criminal record decision instead authorize burns act deputy sheriff constitutes policy choice attributable bryan county serious dispute sheriff moore designated policymaker implementing sheriff law enforcement powers recruiting officers exercise final authority act municipality hiring matters ante authorized policymaker sheriff moore county purposes municipal liability arising sheriff department exercise law enforcement authority explain greater detail open jury find sheriff knew record nephew violent propensity hired deliberate indifference risk use excessive force job fact later sheriff act command require commission constitutional violation like order perform unlawful entry search pembaur dispositive expressly rejected contention unconstitutional polices actionable see canton supra never suggested liability statute otherwise limited policies facially violate federal law sheriff policy choice creating substantial risk constitutional violation therefore subject county liability underexisting precedent level theory least disagree assumes sake deciding case single facially neutral act deliberate indifference policymaker predicate municipal liability led unconstitutional injury inflicted subordinate officers see ante level practice however tenor opinion decidedly different suggests trial insufficiently appreciated specificity risk indifference must deliberate order actionable expresses deep skepticism appreciation risk ever reasonably attributed policymaker performed single unsatisfactory facially unconstitutional act finds record insufficient make showing case serially mistaken case presents occasion correct refine district jury instructions degree risk required deliberate indifference skepticism converts newly demanding formulation standard fault virtually categorical impossibility showing case like record case perfectly sufficient support jury verdicteven formulation high degree risk must shown certainly correct emphasizing need show mere negligence part policymaker least element deliberateness requires subjective appreciation risk unconstitutional harm risk substantial enough justify heightened responsibility deliberate indifference generally entails goes step however requiring particular harmful consequence plainly obvious policymaker ante characterization deliberate indifference adapted dicta set forth canton see canton mentioned held municipal policy giving rise liability may inferred even policymaker failed act affirmatively long need control agents government obvious inadequacy existing practice likely result violation constitutional rights policymake reasonably said deliberately indifferent need speculated canton police exercising discretion often violate constitutional rights need training must plainly obvious city policymakers nevertheless indifferent need see purport defining fault deliberate indifference universally failure act relation plainly obvious consequence harm addressing requisite risk constitutional violations occur suggest deliberate indifference necessary establish municipal liability must says today indifference particular constitutional violation fact occurred formulation deliberate indifference exists risk subsequent particular constitutional violation plainly obvious consequence hiring decision see ante derived canton thus without doubt new standard see post breyer dissenting particular violation alters understanding deliberate indifference set forth canton spoke constitutional violations generally plainly obvious consequence standard appears somewhat higher example standard reckless fault criminal law requisite indifference risk defined consciously disregards substantial unjustifiable risk material element exists result involves gross deviation standard conduct law abiding person observe actor situation see american law institute model penal code said possible prior understanding requisite degree fault standard may practice turn amount much thing preferred argument addressing point ruling however argument simple reason petitioner never asked deliberate indifference defined occur particular constitutional injury plainly obvious consequence policymaker act petitioner merely asked district instruct jury determine whether sheriff moore acted conscious indifference see record made objection district charge sheriff moore acted deliberate indifference adopting otherwise constitutional hiring policy deputy sheriff need closer scrutiny stacy burns background obvious inadequacy scrutiny given likely result violations constitutional rights sheriff moore reasonably said deliberately indifferent constitutional needs plaintiff record appears today standard raise threshold municipal liability quite independently issue posed decided trial skepticism modified standard fault ever met single act case inadequate screening without patently unconstitutional policy ante reveals true value assumption theory might municipal liability case dictates result review record case us skepticism gone far plain enough facially unconstitutional policy likely produce unconstitutional injury see pembaur monell obvious many facially neutral policy decisions evince clear portents written standards hiring law enforcement personnel might silent significance prior criminal record without justifying much worry employing axe murderers unlikely apply subjecting public attacks someone old assault conviction probably grown policymaker need mandate injury indifferent toits risk obvious particular hiring decision may raise high probability harm line simply ignores issue us lump together one presumptively benign category every singular administrative act policymaker expressly command constitute unconstitutional behavior thus decision give law enforcement authority scofflaw recently engaged criminal violence presents different risk hiring someone drove overweight truck decision hire violent scofflaw may entail harm others unquestionably order go rough suspects long way neutral risk creates rightly skeptical predicating municipal individual liability merely failure adopt crime free personnel policy particular decision hire guilty trucker extend valid skepticism quite unsound point doubting liability hiring violent scofflaw says fears latter sort case raises danger liability without fault ante means fault generally distinct blame imputed classic respondeat superior doctrine need recall whether particular violent scofflaw violent enough scoffing enough implicate deliberate indifference depend applying highly demanding standard announces plainly obvious consequence particular injury high threshold deliberate indifference ensure municipalities held liable considered acts substantial risks standard distinguish single act cases mild portent injury single act cases plainly obvious portent cases harm latest series injuries known followed policymaker action fenced slippery slope second stated reason skeptical majority municipal liability monell rest respondeat superior ante must carefully test link policymaker inadequate decision particular injury alleged ante simply say tortious act must proximately caused policymaker policy requirement restriction bars straightforward respondeat superior liability need test link merely need apply law defines cognizable link restriction imputed fault saves municipalities liability need categorical immunization single act cases short skepticism excessive ignoring fact acts policymaker present substantial risks unconstitutional harm even though acts unconstitutional per se purported justifications extreme skepticism washed standards employed limit liability demonstrating extreme degree inhospitality single act municipal liability case point even plainly obvious consequence rule evidence support verdict dispute incident question sheriff ordered copy nephew criminal record sheriff spoke euphemistically witness stand driving record scope requested documentation included crimes beyond motor vehicle violations sheriff never denied knew admitted read record said knew long said sure noticed charges driving suspended license said taken trouble make independent search outstanding warrant burns arrest put however somehow failed notice charges assault battery list offenses long point either contempt law incapacity obey although jury might accepted sheriff disclaimer one read transcript assume jurors gave credit testimony open find sheriff simply lying oath limited perusal appeals noted possibility see likely reading evidence law enforcement officers characteristically devoid curiosity lose interest part way criminal record subject personal investigation likely jurors disbelieve sheriff concluded read whole record certainly eliminated possibility sheriff decision employ relative act mere negligence poor judgment even claim example thought assault must beenjust youthful peccadillo magnified proportion criminal charge evaluated assault merely eccentric behavior young man sound character convinced wild youth given way discretion evidence reasonable mistaken judgment jury readily found sheriff knew nephew proven propensities thought thrust evidence damaging lie protect reputation county treasury simply chose put family member payroll third relative fact disregarding risk public trial petitioner expert witness stated cross examination burns rap sheet listed repeated traffic violations including driving intoxicated driving suspended license resisting arrest one charge assault battery witness testified burns pleaded guilty assault battery charges months hired sheriff moore respondent expertwitness testified burns arrest record showed blatant disregard law problems may show abusing public using excessive force record petitioner expert agreed burns criminal history caused concern asked hired burns replied doubtful record evidence jury found string arrests convictions revealed burns propensity violence disregard law see subsequent resort excessive force plainly obvious consequence hiring law enforcement officer authorized employ force performing duties county escapes liability untoward application enhanced fault standard record inculpatory evidence showing contempt constitutional obligations blatant nepotism apparently occasioned novelty escape shows something unsuspected least today despite arguments monell policy requirement erroneous reading see oklahoma city tuttle stevens dissenting previously thought sufficient reason unsettle precedent monell turns however monell hardly settled justice breyer powerful call reexamine municipal liability afresh finds support readiness rethink matter respectfully dissent board county commissioners bryan county oklahoma petitioner jill brown et al writ certiorari appeals fifth circuit april justice breyer justice stevens justice ginsburg join dissenting monell new york city dept social said municipalities held liable constitutional torts respondeat superior theory held liable execution municipality policy custom inflicts injury statement produced highly complex body interpretive law today decision exemplifies law complexity distinguishes among municipal action violates federal law ante action intentionally deprive plaintiff federally protected right one caused employee ante elaborates requirement consequence likely occur policymaker reasonably said deliberately indifferent respect canton harris emphasis added admonition unconstitutional consequence must plainly obvious ante majority fears contrary view prior precedent undermine monell basic distinction concern however rather leading us tospin ever finer distinctions try apply monell basic distinction liability rests upon policy liability vicarious suggests reexamine legal soundness basic distinction believe legal prerequisites reexamination interpretation important statute present soundness original principle doubtful original principle generated body interpretive law complex law become difficult apply factual legal changes divorced law distinction apparent original purposes may handful individuals groups significantly relied upon perpetuation original distinction later law made original distinction simply wrong obsolete potential source confusion compare continental gte sylvania reexamining sherman act interpretation set forth arnold schwinn hubbard reexamining interpretation set forth bramblett monell supra reexamining interpretation set forth monroe pape see also gaudin slip first consider monell original reasoning monell vicarious liability principle rested upon historical analysis upon literal language language imposes liability upon upon person justice stevens clearly explained neither rationales sound oklahoma city tuttle stevens dissenting pembaur cincinnati stevens concurring part andconcurring judgment essentially history monell relied consists almost exclusively fact congress enacted rejected amendment called sherman amendment made municipalities vicariously liable marauding acts private citizens monell supra cf jett dallas independent school plurality opinion fact justice stevens others pointed argue vicarious liability act municipal employees particularly since municipalities time vicariously liable many acts employees see tuttle supra stevens dissenting citing cases pembaur supra stevens concurring part concurring judgment see also kramer sykes municipal liability legal economic analysis sup rev mead municipal liability monell sketch becomes distorted picture rev see welch hofmeister praprotnik municipal policy policymakers constriction municipal liability adopting monell reading legislative history without supporting history difficult find words person inconsistent respondeat superior liability bodies politic corporate municipalities person see act ch stat repealed monell supra section requires person either subjec caus different person subjected deprivation right purely linguistic matter municipality act employees might said subject ed person cause person subjected loss rights amunicipality employee acts within scope employment see restatement second agency landes posner economic structure tort law federal courts occasion interpreted word person equivalent statutes authorizing forms vicarious liability see american telephone telegraph winback conserve program cert denied lanham act american soc mechanical engineers hydrolevel sherman act trucking criminal statute see also tuttle supra stevens dissenting second monell basic effort distinguish vicarious liability liability derived policy custom produced body law neither readily understandable easy apply today case provides good example district case told jury must find sheriff moore screening likely result violations constitutional rights reasonably said deliberately indifferent constitutional needs plaintiff inadequate hiring policy directly caused plaintiff injury app emphasis added instruction comes close repeating language canton harris canton said city failure train officers use deadly force light duties assigned specific officers employees need different training obvious inadequacy likely result violation constitutional rights policymakers city reasonably said deliberately indifferent need emphasis added consider distinctions make sought distinguish liability based upon policymaking liability vicarious proved necessary example distinguish exercise policymaking authority exercise delegated discretionary policy implementing authority see louis praprotnik plurality opinion compare tuttle plurality opinion canton supra without distinction municipal liability might collaps respondeat superior ante law treat similarly hold municipalities responsible police officer decision much force use making particular arrest police chief decision much force use making particular kind arrest distinction clear one requires federal courts explore state andmunicipal law distributes different state powers among different local officials local entities praprotnik supra plurality opinion jett law highly specialized may may say policymaking authority lies prove particularly difficult apply light determination decision policymaking even though applies single instance pembaur see also praprotnik supra brennan concurring judgment schnapper monell update clarity conflict complications practising law institute litigation administrative practice series vol schuck municipal liability section lessons tort law organization theory geo surprising results sometimes proved inconsistent compare ante sheriff final policymaker hiring matters greensboro professional fire fighters local greensboro fire chief policymaker respect hiring firing harris pagedale cert denied municipality deliberately indifferent charges sexual assault wilson chicago cert denied municipal policymaker deliberately indifferent charges abuse pretrial detainees see also auriemma rice describing confusion courts location policymaking authority pose conceptually difficult problem lower courts must also ask decide whether failure make policy deliberately indifferent rather grossly negligent canton supra mustdecide example whether matters failure occurred officer training rather officer hiring process ante given basic monell principle distinctions may necessary without easily avoid municipal liability collaps es respondeat superior ante basic legal principle requires many distinctions maintain legal life may deserve longevity see mead describing confusion uncertainty lower courts caused monell choice policy custom causation requirement schuck supra noting extraordinary unpredictability policy test finally relevant legal factual circumstances may changed way affects likely reliance upon monell liability limitation legal complexity described makes difficult municipalities predict held liable based upon policy custom moreover potential liability sense greater individuals assert qualified immunity defenses individuals may raise owen independence many statutes appear effect mimic respondeat superior authorizing indemnification employees found liable actions within scope employment see stat idaho code comp ch stat ann stat mont code ann rev stat rev stat ann cent code supp okla tit supp cons stat codified laws utah code ann code stat statutes valuable government employees well civil rights victims provide payments government similar take place absence monell limitations extent municipal reliance upon continuation monell policy limitation loses much significance statement reliance course must tentative heard argument matter know pattern indemnification often extent indemnify employees employees indemnify also realize may reasons constitutional otherwise discussed argue strongly reaffirmation monell holding see gerhardt monell legacy balancing federalism concerns municipal accountability section cal rev discussing federalism nahmod constitutional accountability section litigation iowa rev describing monell proper approach local government accountability section describing fault based interpretation welch hofmeister discussing disadvantages expansive view municipal liability including lack insurance coverage nonetheless reasons set forth believe case reexamination strong one today decision underscores need consequently ask argument focus upon continued viability monell distinction vicarious municipal liability municipal liability based upon policy custom footnotes suggesting decision complicates municipal liability jurisprudence altering understanding culpability justice souter justice breyer misunderstand approach post post suggest plaintiff inadequate screening case must show higher degree culpability deliberate indifference required canton harris need discussed respondent made showing deliberate indifference see infra furthermore assessing risks decision hire particular individual draw distinction obvious likely occur plainly obvious difficulty lower courts approach fails connect background particular officer hired case particular constitutional violation respondent suffered supra ensuring lower courts link background officer constitutional violation alleged complicate municipal liability jurisprudence degrees obviousness seeks ensure plaintiff inadequate screening case establishes policymaker deliberate indifference conscious disregard known obvious consequences actions justice souter implies burns record reflected assault battery charges arising one incident post never serious dispute single misdemeanor assault battery conviction arose single campus fight petitioner expert testify record reflected assault charge without disposition see record although justice souter appears suggest otherwise post fact respondent expert witness testified burns record reflected single assault conviction record see also petitioner repeatedly claimed see suggestion rehearing en banc burns one misdemeanor assault conviction stemming campus fight pet rehearing substituted opinion record brief support defendants motion judgment notwithstanding verdict pet cert burns pled guilty assault battery result one campus fight respondent contested characterization see record brief support plaintiff response defendants motion judgment notwithstanding jury verdict brief appellant brown et al pp brief opposition indeed since characterization reflected county petition certiorari rule respondent obligation brief opposition correct perceived misstatement petition involvement single fraternity fracas demonstrate proclivity violence person post see american law institute model penal code person acts recklessly respect material element offense consciously disregards substantial unjustifiable risk material element exists result conduct case credit first nat bank madison consciously ignore deliberately close one eyes manifest danger recklessness mental state law commonly substitutes intent actual cf estelle gamble deliberate indifference prisoner serious medical needs violates eighth amendment giovannetti deliberate effort avoid guilty knowledge guilty knowledge law requires jewell cert denied eliberate ignorance positive knowledge equally culpable given sheriff position law enforcement policymaker simply point suggest significance either fact sheriff moore failure screen may deviation ordinary hiring practices pattern injuries resulting past practices absent see ante pembaur made clear single act designated policymaker sufficient establish municipal policy see pembaur cincinnati canton explained recognizes see ante evidence single violation federal rights trigger municipal liability see canton harris see infra part ii embellishment deliberate indifference standard case help resolving case never suggestion deputy burns criminal background including charges assault battery indicated commit constitutional violation different one fact committed sheriff moore testified knew burns charged driving intoxicated following exchange respondent counsel took place obtain information remember got make inquiry proper authorities oklahoma get copy burns rap sheet run driving record yes right get rap sheet immediately ca take long right see burns arrested assault battery see one never noticed notice arrested charged driving license suspended several occasions sure right notice arrested convicted possession false identification never noticed notice arrested public drunk long record notice arrested resisting arrest make inquiries got information determine exactly disposition charges make attempt find status criminal record time far criminal record believe criminal record driving misdemeanors well make attempts determine whether burns probation time placed know probation make effort find idea probation well saw rap sheet charged driving influence heard remember whether seen rap sheet heard know remember whether seen rap sheet heard right well whichever way came attention check find proper authorities disposition charge really know ca say check see burns arrest warrant run national crime information center show warrant record burns son sheriff moore nephew burns grandfather involved sheriff department years see points burns one conviction assault battery respondent never claimed otherwise expert witness testified see ante entirely correct issue might learned thoroughly investigating burns behavior issue sufficiency evidence support jury finding sheriff acted deliberate indifference hired burns specifically assuming jury found sheriff looked burns criminal record assumption acknowledges plausible see ante evidence show sheriff learned examination criminal record introduced evidence written form relevant part read jury petitioner expert witness ken barnes according barnes testimony criminal record listof numerous charges included four references assault battery two witness said duplicative though conceded necessarily see record upshot jury found sheriff looked written record found read four separate references assault battery charges say four assaults necessarily occurred record refers four times charges listing one conviction assault battery barnes also testified record contain disposition charges listed sheriff reviewing record investigated determine disposition charges see judgment evidence sufficient majority test shown one complaint conviction assault battery given mixture charges resisting officer public drunkenness multiple traffic offenses four month period ending sixteen months burns hired inference drawn repeatedly lawless young man shown proclivity violence person turns evidentiary record ostensibly damaging