False imprisonment/arrest.

PositionBrief Article

U.S. District Court


McCray v. City of Dothan, 169 F.Supp.2d 1260 (M.D.Ala. 2001). A deaf African-American plaintiff brought a civil rights action against police officers and a city. The district court declined to enter summary judgment in favor of the defendants on assault and false imprisonment claims. The court held that a genuine issue of material fact existed as to whether the city was guilty of failure to take disciplinary action against police officers for constitutional violations, such that its inaction amounted to the type of informal policy or custom that was actionable under ?? 1988. According to the court, the frequency of constitutional violations may, in itself, provide sufficient circumstantial evidence that a municipality has...

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