What is the test for a claim for municipal liability for failing to protect an individual's constitutional rights?

MultiRegion, United States of America

The following excerpt is from Telles v. City Of Waterford, CASE NO. 1:10-cv-00982-AWI-SKO (E.D. Cal. 2010):

To state a claim for municipal liability for the failure to protect an individual's constitutional rights, the plaintiff must establish facts indicating the following: (1) the plaintiff possessed a constitutional right, of which he was deprived, (2) the municipality had a policy, (3) the municipal policy amounts to deliberate indifference to the plaintiff's constitutional right, and (4) the municipal policy is a moving force behind the constitutional violation. Oviatt v. Pearce, 954 F.2d 1470, 1474 (9th Cir. 1992).

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