Kimberly Crepea v. Cochise County

MEMORANDUM

Plaintiff Kimberly Crepea appeals the district court’s dismissal of her 42 U.S.C. § 1983 and state law claims against Cochise County and Cochise County Sheriff Lawrence Dever. We affirm.

1. Under the exacting standard for § 1983 municipal liability established by Board of County Commissioners of Bryan County, Oklahoma v. Brown, 520 U.S. 397 , 117 S.Ct. 1382 , 137 L.Ed.2d 626 (1997), Crepea must allege that Cochise County and Sheriff Dever were deliberately indifferent in hiring Cruver, or in failing to terminate or suspend him. The complaint does not suffice as to either showing.

Before hiring Cruver, Cochise County and Dever knew or should have known that Cruver’s employment history included: a rejected application for a different law enforcement position; two sexual harassment complaints by coworkers; “serious” and “critical” admissions to the pre-hire screening psychologist, including offensive remarks and jokes about minorities, women, and other protected groups; and the death of an arrestee in his custody. After Cochise County hired Cruver, an arrestee alleged that Cruver used excessive force against her. These facts, taken as true, do not support the conclusion…