Policy includes formal enactments, decisions by final policymakers, and deliberate choices among alternatives. Custom requires a practice so widespread and persistent that it carries the force of policy despite lacking formal approval.
Isolated incidents do not establish custom.
Alternative Names:
Policy or Custom|Municipal Policy
Why it Matters?
Custom requires persistence and widespread practice, which means isolated incidents and even a handful of similar events generally do not suffice, and plaintiffs must establish a pattern sufficient to imply policymaker awareness and acquiescence. Prior complaint data is where these claims are developed and defended. Formal policies that comply with constitutional requirements defeat the claim unless an unwritten contrary practice is established.
Frequently Confused with
Related terms
Frequently asked questions
Do isolated incidents establish custom?
Do compliant written policies defeat the claim?
