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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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