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22 U. Tol. L. Rev. 107 (1990-1991)
City of Canton v. Harris: The Deliberate Indifference Standard in 42 U.S.C. 1983 Municipal Liability Failure to Train Cases

handle is hein.journals/utol22 and id is 117 raw text is: NOTES CITY OF CANTON v. HARRIS: THE DELIBERATE INDIFFERENCE STANDARD IN 42 U.S.C. § 1983 MUNICIPAL LIABILITY FAILURE TO TRAIN CASES I. INTRODUCTION N City of Canton v. Harris' the United States Supreme Court reviewed a lower court's award of damages to a plaintiff for a Title 42 § 19832 violation of her civil rights by the city of Canton, Ohio. The plaintiff, Geraldine Harris, charged that the city violated her civil rights when city police failed to summon medical attention for her when they brought her to the police station in a disoriented condition.3 Harris won a jury award in federal district court on a charge that it was the city's failure to properly train its officers that caused her ultimately to spend over a week in a hospital and over a year in therapy.4 The district court's decision was affirmed at the appellate level.5 Upon review, the Supreme Court decided that, under certain circumstances, a municipality can be held liable in a section 1983 civil rights action for constitutional violations that result from a failure to train municipal employees.6 In its review, the Court held that the correct standard to be applied to determine a municipality's liability is one of deliberate indifference by 1. 109 S. Ct. 1197 (1989). 2. 42 U.S.C. § 1983 (1982) reads, in relevant part: Every person who, under color of any statute, ordinance, regulation, custom, or usage . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Con- stitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . .. 3. 109 S. Ct. at 1201. 4. Id. 5. 798 F.2d 1414, 1414 (6th Cir. 1986). 6. 109 S. Ct. 1197, 1200 (1989).

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