Board of Comm'rs of Bryan Cty. v. Brown, 520 U.S. 397, 17 (1997)

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Cite as: 520 U. S. 397 (1997)

Opinion of the Court

hiring decision.1 On this point, respondent's showing was inadequate. To be sure, Burns' record reflected various misdemeanor infractions. Respondent claims that the record demonstrated such a strong propensity for violence that Burns' application of excessive force was highly likely. The primary charges on which respondent relies, however, are those arising from a fight on a college campus where Burns was a student. In connection with this single incident, Burns was charged with assault and battery, resisting arrest, and public drunkenness.2 In January 1990, when he pleaded

1 In suggesting that our decision complicates this Court's § 1983 municipal liability jurisprudence by altering the understanding of culpability, Justice Souter and Justice Breyer misunderstand our approach. Post, at 422; post, at 430, 433-434. We do not suggest that a plaintiff in an inadequate screening case must show a higher degree of culpability than the "deliberate indifference" required in Canton v. Harris, 489 U. S. 378 (1989); we need not do so, because, as discussed below, respondent has not made a showing of deliberate indifference here. See infra this page and 414. Furthermore, in assessing the risks of a decision to hire a particular individual, we draw no distinction between what is "so obvious" or "so likely to occur" and what is "plainly obvious." The difficulty with the lower courts' approach is that it fails to connect the background of the particular officer hired in this case to the particular constitutional violation the respondent suffered. Supra, at 412. Ensuring that lower courts link the background of the officer to the constitutional violation alleged does not complicate our municipal liability jurisprudence with degrees of "obviousness," but seeks to ensure that a plaintiff in an inadequate screening case establishes a policymaker's deliberate indifference—that is, conscious disregard for the known and obvious consequences of his actions.

2 Justice Souter implies that Burns' record reflected assault and battery charges arising from more than one incident. Post, at 428. There has never been a serious dispute that a single misdemeanor assault and battery conviction arose out of a single campus fight. Nor did petitioner's expert testify that the record reflected any assault charge without a disposition, see 9 Record 535-536, although Justice Souter appears to suggest otherwise, post, at 428-429, n. 6.

In fact, respondent's own expert witness testified that Burns' record reflected a single assault conviction. 7 Record 318; see also id., at 320. Petitioner has repeatedly so claimed. See, e. g., Suggestion for Rehearing En Banc in No. 93-5376 (CA5), p. 12 ("Burns had one misdemeanor assault

413

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