691 F.3d 72
2d Cir.2012Background
- Plaintiff Emma Jones, mother of Malik Jones, sued the Town of East Haven under 42 U.S.C. § 1983 for her son’s killing by an East Haven police officer.
- A jury found excessive force by Officer Flodquist but held the Town liable under Monell for a municipal custom/policy; district court denied JMOL, Town appeals.
- Plaintiff asserted a custom/policy of deliberate indifference to Black rights, relying on six incidents and related testimony.
- The court explains Monell: municipality liable only for a custom/policy/usage causing the constitutional violation, not for isolated officer misconduct absent supervisory culpability or deliberate indifference.
- The panel reverses, directs judgment for the Town, and remands to enter judgment for Town; the state investigation into Flodquist showed no fault found against him.
- Evidence of the Jones shooting was investigated by the state; the trial record did not show supervisory notice or deliberate indifference by Town policymakers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff proved Monell liability via deliberate indifference | Jones showed persistent abusive conduct by officers | Insufficient widespread/indifferent custom; no policymaker awareness | No Monell liability established; insufficient evidence of deliberate indifference |
Key Cases Cited
- Monell v. Department of Social Services, 436 U.S. 658 (Supreme Court 1978) (establishes municipal liability for custom/policy/usage)
- Connick v. Thompson, 131 S. Ct. 1350 (Supreme Court 2011) (persistent and widespread practices may have the force of law)
- Brown v. Board of County Commissioners of Bryan County, 520 U.S. 397 (Supreme Court 1997) (deliberate indifference required for Monell liability; not mere negligence)
- City of Canton v. Harris, 489 U.S. 378 (Supreme Court 1989) (deliberate indifference as to known consequences of municipal action)
- Amnesty American v. Town of West Hartford, 361 F.3d 113 (2d Cir. 2004) (deliberate indifference by supervisory officials can satisfy Monell)
- Tennessee v. Garner, 471 U.S. 1 (Supreme Court 1985) (deadly force limits in flight situations; relevant in excessive force context)
- Cash v. County of Erie, 654 F.3d 324 (2d Cir. 2011) (deliberate choice standard for municipal liability)