| | Brief Bank II: indexed by issue |
| | ***************************************************************************************************** |
| | Civil rights | [ | 56 | ] |
| | PLAINTIFF’S RESPONSE TO DEFENDANT CITY OF ALBUQUERQUE’S 12(B)(6) MOTION |
| | TO DISMISS PLAINTIFF’S SECOND MUNICIPAL LIABILITY CLAIM |
| | A municipality may be liable for a policy or custom that causes deprivation of |
| | constitutional rights. Bryan County of Brown, 520 U.S. 397, 403 (1997). An |
| | unconstitutional custom is one that may have no formal approval, but is so widespread |
| | that is has “the force of law”. Id. at 404; Canon v. City and County of Denver, 998 F. |
| | 2d 867, 877 (10th Cir. 1993). A municipality may be held liable for a “continued |
| | adherence to an approach” that fails to prevent tortuous conduct. Id. at 407. In |
| | addition, a failure to train claim may support municipal liability based upon one violation |
| | of federal rights if plaintiff shows that the municipality “has failed to train it employees to |
| | handle recurring situations presenting an obvious potential for such a violation”. Id. at |
| | 409; citing, City of Canton v. Harris, 489 U.S. 378 (1989). |
| | by | Kennedy & Oliver, P.C. |
| | ELIAS GONZALES | v. | THE CITY OF ALBUQUERQUE | D.N.M. | CIV 03-1150 | ( | 2004 | ) |
| | browser view: | available | BrowserView |
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| | RTF version: | RichTextFormat | [ | Gonzales3 | ] |
| | PDF version: | [ | 121 | ] |
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| | Monday, June 19, 2006 | Page 3 of 3 |
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