Can a government entity be deemed to have engaged in a constitutional violation by virtue of policy, policy or custom or failure to train?

California, United States of America


The following excerpt is from Arista v. Cnty. of Riverside, 240 Cal.Rptr.3d 125, 29 Cal.App.5th 271 (Cal. App. 2018):

`absent the conscious decision or deliberate indifference of some natural person, a [governmental entity], as an abstract entity, cannot be deemed to have engaged in a constitutional violation by virtue of a policy, a custom or failure to train.' [Citation.] `[I]n the absence of any unconstitutional statute or rule, it is plaintiffs' burden to articulate a factual basis that demonstrates considerably more proof than a single incident.'" (Beswick v. City of Philadelphia (E.D.Penn. 2001) 185 F.Supp.2d 418, 427.)

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