DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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172079P.pdf 02/07/2019 Sylvia Perkins v. Joshua Hastings
U.S. Court of Appeals Case No: 17-2079
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Wollman, Author, with Smith, Chief Judge, and Loken, Circuit
Judge]
Civil case - Civil rights. In action alleging defendant City of Little
Rock violated plaintiff's son's Fourth Amendment rights by failing to
adequately investigate police misconduct, plaintiff failed to establish a
municipal custom based on failure to prevent police misconduct as she did
not show the city acted with deliberate indifference to the rights of
persons with whom its officers came into contact; the court did not err in
requiring plaintiff to establish a pattern of constitutional violations to
prove her claim and plaintiff's evidence of officer-involved shootings did
not establish deliberate indifference to a pattern of excessive force; for
the same reason, the district court did not err in granting the City's
motion for summary judgment on plaintiff's claim that the City had failed
to train or supervise its officers; plaintiff's evidence was insufficient
to hold the police chief individually liable for her son's death based on
his decision to hire defendant Hastings; plaintiff's evidence did not
establish the essential link between the hiring decision and the officer's
use of excessive force; stated differently, the evidence presents no
genuine issue of material fact that a plainly obvious consequence of the
hiring decision would be the officer's unjustified use of deadly force;
plaintiff's evidence failed to show the chief had notice that his training
and supervision were inadequate and likely to result in the use of
excessive force.