Background

• Johnson was arrested Jan 27, 2009 and held in County jail awaiting a federal court appearance.
• County jail intake confirmed Johnson required twice-daily Dilantin for a seizure disorder; last dose was morning of Jan 27.
• On Jan 28 multiple guards refused to provide Dilantin during different encounters.
• At 8:30 a.m. Marshals delivered him to the federal courthouse where he suffered a grand mal seizure.
• Johnson sued three guards, the County, and the jail's medical provider; the district court granted summary judgment to officers and then to the County.
• The appeal concerns whether Johnson proved a continuing, widespread pattern of unconstitutional conduct by the County to support Monell liability.

Issues

Key Cases Cited

• Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978) (establishes municipal liability for custom or policy)
• Thelma D. ex rel. Delores A. v. Bd. of Educ. of City of St. Louis, 934 F.2d 929 (8th Cir. 1991) (requires continuing, widespread, persistent misconduct for custom)
• Jane Doe A v. Special Sch. Dist. of St. Louis, 901 F.2d 642 (8th Cir. 1990) (discusses standard for custom under Monell)
• Wedemeier v. City of Ballwin, Mo., 931 F.2d 24 (8th Cir. 1991) (single deviation not enough to prove custom)
• McGautha v. Jackson County, Missouri Collections Department, 36 F.3d 53 (8th Cir. 1994) (multiple incidents may establish custom if notice and deliberate indifference)
• Atkinson v. City of Mountain View, Mo., 709 F.3d 1201 (8th Cir. 2013) (Monell liability limits; pattern required)
• Szabla v. City of Brooklyn Park, Minn., 486 F.3d 385 (8th Cir. 2007) (discusses custom and notice in Monell claims)
• Wyatt v. Cole, 504 U.S. 158 (1992) (principle that §1983 deterrence applies to state actors)