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help in amicus case revisited

Chuck Thompson

Thu, Dec 8, 2016 9:15 PM

I have had some great help so far, but wanted to clarify a little. In this case the Sheriff was held to have been the chief policy maker for the county (8th Cir. A couple of years ago). On remand after a lengthy trial, the jury returned verdicts in favor of the Plaintiffs against deputies (as to some counts) but returned a verdict in favor of the sheriff as to all counts. The jury also returned a verdict in favor of the Plaintiffs against the County. So, in this situation the question is relatively stark - can a county/city be held liable in a suit based on a policy for which its policy making officer is found not liable despite a finding that individual officers violated the plaintiffs' rights. Chuck
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
51 Monroe Street
Suite 404
Rockville, Maryland 20850
202-466-5424 x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Seminar April 21-24, 2017 - Omni Shoreham, Washington D.C.
IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required)

I have had some great help so far, but wanted to clarify a little. In this case the Sheriff was held to have been the chief policy maker for the county (8th Cir. A couple of years ago). On remand after a lengthy trial, the jury returned verdicts in favor of the Plaintiffs against deputies (as to some counts) but returned a verdict in favor of the sheriff as to all counts. The jury also returned a verdict in favor of the Plaintiffs against the County. So, in this situation the question is relatively stark - can a county/city be held liable in a suit based on a policy for which its policy making officer is found not liable despite a finding that individual officers violated the plaintiffs' rights. Chuck Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 51 Monroe Street Suite 404 Rockville, Maryland 20850 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Seminar April 21-24, 2017 - Omni Shoreham, Washington D.C. IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required)

Craig Straw

Thu, Dec 8, 2016 9:30 PM

I am looping in Jane Istvan, Chief Deputy Appeals Unit, for comments.

Craig M. Straw
First Deputy City Solicitor
City of Philadelphia Law Department
1515 Arch Street, 17th flr.
Philadelphia, PA 19102
Ph. (215) 683-5442
craig.straw@phila.gov

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From: Federal [mailto:federal-bounces@lists.imla.org] On Behalf Of Chuck Thompson
Sent: Thursday, December 08, 2016 4:16 PM
To: federal@lists.imla.org; cityattorneys@lists.imla.org
Subject: [Federal] help in amicus case revisited

I am looping in Jane Istvan, Chief Deputy Appeals Unit, for comments. Craig M. Straw First Deputy City Solicitor City of Philadelphia Law Department 1515 Arch Street, 17th flr. Philadelphia, PA 19102 Ph. (215) 683-5442 craig.straw@phila.gov ****************************************************************************** This message contains information that may be attorney work product, protected by the attorney-client privilege, or exempt from disclosure under applicable law. Unless you are the addressee (or authorized to receive messages for the addressee) you may not use, copy, or disclose to anyone this message or any information contained in this message. If you have received this message in error, please notify the sender via return e-mail and delete the message. From: Federal [mailto:federal-bounces@lists.imla.org] On Behalf Of Chuck Thompson Sent: Thursday, December 08, 2016 4:16 PM To: federal@lists.imla.org; cityattorneys@lists.imla.org Subject: [Federal] help in amicus case revisited I have had some great help so far, but wanted to clarify a little. In this case the Sheriff was held to have been the chief policy maker for the county (8th Cir. A couple of years ago). On remand after a lengthy trial, the jury returned verdicts in favor of the Plaintiffs against deputies (as to some counts) but returned a verdict in favor of the sheriff as to all counts. The jury also returned a verdict in favor of the Plaintiffs against the County. So, in this situation the question is relatively stark - can a county/city be held liable in a suit based on a policy for which its policy making officer is found not liable despite a finding that individual officers violated the plaintiffs' rights. Chuck Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 51 Monroe Street Suite 404 Rockville, Maryland 20850 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Seminar April 21-24, 2017 - Omni Shoreham, Washington D.C. IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required)