171382P.pdf   08/30/2018  Josh Brewington  v.  Ben Keener
   U.S. Court of Appeals Case No:  17-1382
                          and No:  17-1433
   U.S. District Court for the Eastern District of Arkansas - Batesville   
   [PUBLISHED] [Smith, Author, with Wollman and Loken, Circuit Judges] 
   Civil case - Civil rights. When a plaintiff alleges an unwritten or 
   unofficial policy, there must be evidence of a practice, so permanent and 
   well-settled so as to constitute a custom and, here, plaintiff failed to 
   show the County officially or unofficially directed defendant deputy 
   Keener to use excessive force against him; nor did plaintiff offer 
   evidence that defendant Sheriff Jeffry ever instituted a custom or 
   practice of using excessive force against suspects who fled; finally, even 
   assuming the existence of an unconstitutional custom, plaintiff cannot 
   show that the policy was the moving force behind Deputy Keener's conduct; 
   as a result, the district court did not err in granting Sheriff Keener and 
   Deputy Keener summary judgment on plaintiff' claims against them in their 
   official capacities; plaintiff's failure-to-train claim against Sheriff 
   Jeffrey was properly rejected as plaintiff failed to show an 
   unconstitutional custom or policy and a single incident cannot serve as 
   notice of a pattern of misconduct; with respect to plaintiff's claim for 
   his dental injury, deputy Keener's kick did not proximally cause damage to 
   all of plaintiff's teeth and the district court correctly concluded that 
   the kick was not the but-for cause of all of the injuries; egg-shell 
   plaintiff rule is inapplicable here; given plaintiff's limited success in 
   the case, the district court did not err in making a significant reduction 
   in the amount of attorneys' fees awarded to plaintiff.