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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.