The pattern must involve similar violations sufficient to put policymakers on notice that existing training or supervision is inadequate. Isolated or dissimilar incidents do not suffice.
Notice supports the deliberate indifference element.
Alternative Names:
Pattern Evidence|Prior Violations Pattern
Why it Matters?
Similarity is what determines whether prior incidents count, since violations of a different constitutional right or arising from different circumstances do not provide notice of the specific deficiency at issue. Prior complaint databases and internal affairs records are the discovery target and the defense's exposure. Complaints that were investigated and found unsubstantiated support the defense by showing the entity responded rather than acquiesced.
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Frequently asked questions
What makes prior incidents count?
Do investigated complaints help the defense?
