Cite as: 520 U. S. 397 (1997)
Opinion of the Court
ence" to respondent's federally protected right to be free from the use of excessive force. To test the link between Moore's action and respondent's injury, it must be asked whether a full review of Burns' record reveals that Moore should have concluded that Burns' use of excessive force would be a plainly obvious consequence of his decision to hire Burns. Respondent's showing on this point was inadequate because the primary infractions on which she relies to prove Burns' propensity for violence arose from a single college fight. A full review of Burns' record might well have led Moore to conclude that Burns was an extremely poor deputy candidate, but he would not necessarily have reached that decision because Burns' use of excessive force would have been a plainly obvious consequence of the decision to hire him. The District Court therefore erred in submitting the inadequate screening theory to the jury. Pp. 412-415. 67 F. 3d 1174, vacated and remanded.
O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Souter, J., filed a dissenting opinion, in which Stevens and Breyer, JJ., joined, post, p. 416. Breyer, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined, post, p. 430.
Wallace B. Jefferson argued the cause for petitioner. With him on the briefs was Sharon E. Callaway.
Bryan J. Serr argued the cause for respondent Brown. With him on the brief were J. Kermit Hill and Duke Walker.*
Justice O'Connor delivered the opinion of the Court.
Respondent Jill Brown brought a claim for damages against petitioner Bryan County under Rev. Stat. § 1979, 42 U. S. C. § 1983. She alleged that a county police officer used
*Briefs of amici curiae urging reversal were filed for the City of New York by Paul A. Crotty, Leonard J. Koerner, and John Hogrogian; for the National Association of Counties et al. by Richard Ruda, James I. Crowley, and Donald B. Ayer; and for the Washington Legal Foundation et al. by Daniel J. Popeo and Richard A. Samp.
Ogden N. Lewis, James D. Liss, Vincent T. Chang, Michele S. Warman, and Martha Davis filed a brief for the NOW Legal Defense and Education Fund et al. as amici curiae urging affirmance.
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