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85 Tul. L. Rev. 1407 (2010-2011)

handle is hein.journals/tulr85 and id is 1417 raw text is: Peterson v City ofFort Worth: The Fifth Circuit Demands More than the Demanding Standard of Monell To Establish Municipal Liability Under § 1983 I. OVERVIEW ..........................................1407 II. BACKGROUND ............................. .....1408 III. THE CouRT'sDECISION ..................... ......1412 IV ANALYSIS ...........................................1415 I. OVERVIEW After a night at Texas's largest honky-tonk, Kevin Peterson and his wife admirably chose to sleep in their parked truck rather than drive home in an inebriated state.' Due to concern for the safety of the sleeping individuals, Officers Homer and Ballard were called to the scene and attempted to rouse Peterson.! When Peterson responded by striking Officer Homer in the forearm, the officers physically removed him from his truck.' Though Peterson stated he did not resist the officers, Officer Ballard handcuffed Peterson and subsequently performed a knee strike maneuver in which he violently thrust his knee into Peterson's thigh, rupturing Peterson's femoral artery.4 Peterson brought a suit under 42 U.S.C. § 1983 for excessive use of force against the City of Fort Worth, choosing to sue the city alone and not the individual officers involved.! Because in Monell v Department of Social Services the United States Supreme Court held that the principle of respondeat superior is inapplicable to § 1983 actions, Peterson needed to demonstrate that the city's official policy or custom tolerated constitutional violations and was the moving force behind the resulting violations.' Peterson argued that because twenty- seven individuals filed complaints against Fort Worth officers for excessive use of force in the last four years, such a trend established an unofficial city policy permissive of excessive force.! Furthermore, 1. Peterson v. City of Fort Worth, 588 E3d 838, 843 (5th Cir. 2009), cert. denied 79 U.S.L.W 3195 (U.S. Oct. 4,2010) (No. 09-983). 2. Id. at 843, 845. 3. Id. at 843. 4. Id. at 843-44. 5. Id at 844. 6. Id. at 844, 847. 7. Id at 850. 1407

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