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World Wide Street Preachers Fellowship v. Town of Columbia

A municipality's failure to train its police officers can without question give rise to 42 U.S.C. �1983 liability. However, the inadequacy of police training may serve as the basis for �1983 liability only where the failure to train amounts to deliberate indifference to the rights of a person with whom the police come into contact. 5th U.S. Circuit Court of Appeals. No. 08-31196, 12-21-2009

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Published opinion

Before JONES, Chief Judge, and SMITH and DeMOSS, Circuit Judges.

Officer Robert Miles of the Columbia Police Department violated the First Amendment rights of World Wide Street Preachers Fellowship members and Kenneth Coleman, Sr. on February 12, 2005. The question before us on appeal is whether the Town of Columbia may be held liable under 42 U.S.C. § 1983 for the actions of its officer. Following a bench trial, the district court determined that Columbia was not liable for the constitutional deprivation because World Wide Street Preachers Fellowship and Coleman failed to prove that a Columbia policy or custom caused the constitutional injury. For the following reasons, we affirm.

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