Grey

Grey v. City of Kalispell

Good Law
16 F. App'x 802
United States Court of Appeals for the Ninth CircuitAugust 17, 2001D.C. No. CV-97-00005-DWMCalifornia596 words

Opinion

Lead Opinion

MEMORANDUM **

Frank Grey sued the City of Kalispell under 42 U.S.C. § 1983 alleging that it had an interrogation policy that violated his constitutional rights. The district court granted summary judgment in favor of the City, finding that Grey proffered insufficient evidence that the City was deliberately indifferent to the constitutional rights of its citizens. We affirm.

It is well established that liability may only be imposed on the City for injuries resulting from an official policy or custom. See Monell v. Dep’t of Soc. Servs. of New York, 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978) (“Locating a ‘policy’ ensures that a municipality is held liable only for those deprivations resulting from the decisions of its duly constituted legislative body or of those officials whose acts may fairly be said to be those of the municipality.”). The City is not hable for any constitutional rights violation caused by an individual officer under a respondeat superior theory. See Bd. of County *804 Comm’rs of Bryan County v. Brown, 520 U.S. 397, 403 , 117 S.Ct. 1382 , 137 L.Ed.2d 626 (1997).

The failure of a city to train or supervise its police officers properly is actionable…

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