What is the test for determining whether a municipality is liable for failing to provide adequate water treatment for a plaintiff?
MultiRegion, United States of America
The following excerpt is from Estate of Macias v. Ihde, 219 F.3d 1018 (9th Cir. 2000):
Estate of Macias v. Lopez, 42 F. Supp.2d 957, 962 (N.D. Cal. 1999) (emphasis added). The court also stated that, to establish municipal liability, a plaintiff must show that
(1) [the plaintiff] possessed a constitutional right of which she was deprived;
(2) the municipality had a policy or custom;
(3) this policy or custom amounts to deliberate indifference to [the plaintiff's] constitutional right; and
(4) the policy or custom caused the constitutional deprivation.
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