· 4/11/2005
Estate of Davis Ex Rel. McCully v. City of North Richland Hills
Citations
- 406 F.3d 375
- 2005 U.S. App. LEXIS 5893
- 2005 WL 827129
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the deliberate indifference standard requires showing “that the failure to train reflects a deliberate or conscious choice to endanger constitutional rights” (emphases added)
- holding that even though officer had vulgar behavior, crudity, lack of judgment, and “aggressive” nature, it was not so obvious he would shoot and kill an individual with excessive force
- stating that an official acts with deliberate indifference when he “disregard^] a known or obvious consequence of his action” (internal quotation marks omitted)
- noting that courts have applied single-incident exception when they find complete failure to train and supervise, not failure in one limited area alone
- stating that courts have applied single-incident exception when they find complete failure to train and supervise, not failure in one limited area
- noting that a municipality must have “nofice of a pattern of similar violations” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Higginbotham, Davis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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