Is a policy of action not a violation of a person's constitutional right, but a failure to act to prevent such violations?
MultiRegion, United States of America
The following excerpt is from McGowan v. Cnty. of Kern, No. 1:15-cv-01365-DAD-SKO (E.D. Cal. 2018):
violate a right"). "A policy of action is one in which the government body itself violates someone's constitutional rights, or instructs its employees to do so; a policy of inaction is based on a government body's 'failure to implement procedural safeguards to prevent constitutional violations.'" Jackson v. Barnes, 749 F.3d 755, 763 (9th Cir. 2014) (quoting Tsao, 698 F.3d at 1143). Thus:
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