A municipality is liable under Section 1983 if its failure to train or supervise employees constitutes deliberate indifference to the constitutional rights of individuals.
A federal prisoner sued a county and various officers for civil rights violations and breach of contract after being severely beaten by prison officials. The district court dismissed the claims against the county for failure to state a claim. The court holds that a municipality may be liable under Section 1983 if its failure to train or supervise employees amounts to deliberate indifference to constitutional rights, even if the violation stems from a single incident. Furthermore, the court finds that the plaintiff may have standing to sue as a third-party beneficiary of the contract between the federal government and the county. The court reverses the dismissal and remands the case for limited discovery and further proceedings.
At page 1246 Allowing limited discovery to amend complaint for policy claims113 citing cases“the failure to supervise or the lack of a proper training program was so severe as to reach the level of 'gross negligence' or 'deliberate indifference' to the deprivation of the plaintiff's constitutional rights.”
- City of Oklahoma v. Tuttle, 471 U.S. 808 (1985).published But cf. Owens v. Haas, 601 F. 2d 1242, 1246-1247 (CA2 1979). [2] We reverse. *815 II Before proceeding to the merits, we must address respondent's procedural argument that petitioner failed to object at trial to the "single incident" instr…
- Spell v. McDaniel, 591 F. Supp. 1090 (E.D.N.C. 1984).published But See Owens v. Haas, 601 F.2d at 1247 .
- Williams v. City of Chicago, 525 F. Supp. 85 (N.D. Ill. 1981).published Hamrick v. Lewis, 515 F.Supp. 983, 986 (N.D.Ill. 1981) (Aspen, J.); Gomez v. City of West Chicago, 506 F.Supp. 1241, 1245 (N.D.Ill. 1981) (Aspen, J.); Magayanes v. City of Chicago, 496 F.Supp. 812, 814 (1981) (Shadur, J.); accord, Popow v.…
- Felix-torres v. Graham, 687 F. Supp. 2d 38 (N.D.N.Y. 2009).published Personal involvement is established when a supervisor “fail[s] to act on information indicating unconstitutional acts were occurring or for his gross negligence in failing to supervise his subordinates who commit such wrongful acts, provid…
- Tylena M. ex rel. Debra M. v. Heartshare Child.'s Servs., 390 F. Supp. 2d 296 (S.D.N.Y. 2005).publishedAccordingly, municipal officials may be held liable under § 1983 “regardless of whether [they] were aware of the specific deprivations while they were being administered by subordinates.” Doe, 649 F.2d at 145 (citing Owens v. Haas, 601 F.2…
- Davis v. Cnty. of Nassau, 355 F. Supp. 2d 668 (E.D.N.Y. 2005).published(single "brutal and premeditated” beating of inmate by group of county jail guards of varying ranks, one of whom admitted to using "show of force” to control disobedient inmates, warrants inferring policy of inadequate t…)
- Brewster v. Nassau Cnty., 349 F. Supp. 2d 540 (E.D.N.Y. 2004).published(single "brutal and premeditated” beating of inmate by group of county jail guards of varying ranks, one of whom admitted to using "show of force” to control disobedient inmates, warrants inferring policy of inadequate t…)
- Dockery v. Barnett, 167 F. Supp. 2d 597 (S.D.N.Y. 2001).publishedSee Villante v. Department of Corrections of the City of New York, 786 F.2d 516, 519 (2d Cir.1986); Owens v, Haas, 601 F.2d 1242, 1246 (2d Cir.1979), cert. denied, 444 U.S. 980 , 100 S.Ct. 483 , 62 L.Ed.2d 407 (1979).
- Rivers v. O'BRIEN, 83 F. Supp. 2d 328 (N.D.N.Y. 2000).published“a ‘deliberate indifference’ to the deprivation of the [P]laintiff[ ]s’ constitutional rights”
- Signorile v. City of NY, 887 F. Supp. 403 (E.D.N.Y. 1995).published See Turpin, 619 F.2d at 201, 203 ; cf. Owens v. Haas, 601 F.2d 1242, 1247 (2d Cir.1979) (prisoner severely beaten by guards).
Show 100 more citing cases
- Gilbert v. Selsky, 867 F. Supp. 159 (S.D.N.Y. 1994).publishedOwens v. Haas, 601 F.2d 1242, 1246 (2d Cir.), cert. denied, 444 U.S. 980 , 100 S.Ct. 483 , 62 L.Ed.2d 407 (1979).
- Pinder v. Commissioners of Cambridge, 821 F. Supp. 376 (D. Md. 1993).publishedOwens v. Haas, 601 F.2d 1242, 1246 (2d Cir.) cert. denied, 444 U.S. 980 , 100 S.Ct. 483 , 62 L.Ed.2d 407 (1979) (single brutal incident may be sufficient to suggest a link between a violation of constitutional rights and a pattern of polic…
- Employers Ins. of Wausau a Mut. Co. v. Bush, 791 F. Supp. 1314 (N.D. Ill. 1992).publishedWausau, relying on Owens v. Haas, 601 F.2d 1242, 1246 (2d Cir.), cert. denied, 444 U.S. 980 , 100 S.Ct. 483 , 62 L.Ed.2d 407 (1979), and Chavis v. Rowe, 643 F.2d 1281, 1290 (7th Cir.), cert. denied, 454 U.S. 907 , 102 S.Ct. 415 , 70 L.Ed.2…
- Timberlake by Timberlake v. Benton, 786 F. Supp. 676 (M.D. Tenn. 1992).publishedLiability may even be imposed for a single decision of a policymaker, Pembaur v. City of Cincinnati, 475 U.S. 469, 480 , 106 S.Ct. 1292, 1298 , 89 L.Ed.2d 452 (1986), or a single brutal incident, Owens v. Haas, 601 F.2d 1242, 1246-47 (2d C…
- Ricciuti v. Transit Auth., 941 F.2d 119 (2d Cir. 1991).published This principle should be applied with particular strictness when the plaintiff seeks to file an amended complaint charging a violation of his civil rights, see generally Branum v. Clark, 927 F.2d at 705 ; Owens v. Haas, 601 F.2d 1242, 1247…
- Ricciuti v. N.Y.C. Transit Auth., 941 F.2d 119 (2d Cir. 1991).published This principle should be applied with particular strictness when the plaintiff seeks to file an amended complaint charging a violation of his civil rights, see generally Branum v. Clark, 927 F.2d at 705 ; Owens v. Haas, 601 F.2d 1242, 1247…
- Stinson v. Sheriff's Dept. of Sullivan Cty., 499 F. Supp. 259 (S.D.N.Y. 1980).published
- Maria Doe v. New York City Dep't Of Soc. Servs., 649 F.2d 134 (2d Cir. 1981).published
- Earl Berry v. Jimmy McLemore, 670 F.2d 30 (5th Cir. 1982).published
- Rafael Rivera Fernandez v. Carlos Chardon, Etc., Juan Fumero Soto, Plaintiffs-Appellees-Cross-Appellants v. Carlos Chardon, Etc., Defendants-Appellants-Cross-Appellees, 681 F.2d 42 (1st Cir. 1982).published
- John McCann Plaintiff-Appellee-Cross-Appellant v. T. Coughlin, Iii, 698 F.2d 112 (2d Cir. 1983).published
- Bennie Lenard, Cross-Appellant v. Robert Argento & Joseph Sansone v. Vill. of Melrose Park, 699 F.2d 874 (7th Cir. 1983).published
- Louis Batista, Manuel Padin & Felix Padin, Jr. v. Michael Rodriguez, 702 F.2d 393 (2d Cir. 1983).published
- Louise Parrott, Individually & in Her Off. Capacity as Adm'x of the Est. of Jeffrey Parrott, Deceased v. Max v. Wilson, Etc., 707 F.2d 1262 (11th Cir. 1983).published
- Margaret Rookard v. Health & Hospitals Corp., 710 F.2d 41 (2d Cir. 1983).published
- Leonard Rogers v. Barbara Rulo, 712 F.2d 363 (8th Cir. 1983).published
- John Languirand v. John Hayden, 717 F.2d 220 (5th Cir. 1983).published
- Cynthia Wellington v. Brian L. Daniels, 717 F.2d 932 (4th Cir. 1983).published
- Henry J. Bennett, Jr. v. City of Slidell, 728 F.2d 762 (5th Cir. 1984).published
- Robert N. Cowdrey v. City of Eastborough, 730 F.2d 1376 (10th Cir. 1984).published
- John Russell Webster v. City of Houston, 735 F.2d 838 (5th Cir. 1984).published
- Paul D. Rymer v. Trooper H.A. Davis, 754 F.2d 198 (6th Cir. 1985).published
- E.J. Wilson v. Roland Attaway, 757 F.2d 1227 (11th Cir. 1985).published
- James T. Voutour v. Harold Vitale, James T. Voutour v. Harold Vitale, 761 F.2d 812 (1st Cir. 1985).published
- Grandstaff v. City of Borger, 767 F.2d 161 (5th Cir. 1985).published
- Gilmere v. City of Atlanta, 774 F.2d 1495 (11th Cir. 1985).published
- Lois Thurston Kibbe v. City of Springfield, 777 F.2d 801 (1st Cir. 1985).published
- James Williams v. Harold J. Smith, 781 F.2d 319 (2d Cir. 1986).published
- Dean J. Villante v. Dep't of Corr. of the City of New York, 786 F.2d 516 (2d Cir. 1986).published
- Philip F. Wierstak v. James W. Heffernan, Philip F. Wierstak v. James W. Heffernan, City of Worcester, 789 F.2d 968 (1st Cir. 1986).published
- Richard Bergquist, Husband/guardian Ad Litem Susan Nagoda Bergquist, Wife/guardian Ad Litem A. Taara Bergquist N. Torbin Bergquist v. Cnty. of Cochise, David Joshua Bossak, Jesse Vaughn Brazel, Jr., Mary Margaret Brazel, Robert J. Eyman & Karen Eyman, David Kunz, Travis Brotherton Kuykendall & Daniel O'brien, Richard Bergquist, Husband/guardian Ad Litem Susan Nagoda Bergquist, Wife/guardian Ad Litem A. Taara Bergquist N. Torbin Bergquist v. Cochise Cnty., David Joshua Bossak, Jesse Vaughn Brazel, Jr., Mary Margaret Brazel, Larry Albert Dever, Nancy Jean Dever, Bert A. Goodman, Frances D. Goodman, Paul Robert Gruen, David Lloyd Jark, Victoria S. Jark, David Lynn Jones, Jimmy Vance Judd, Edna R. Judd, Dale Lehman, Mary Louise Lehman, Ruben Leon, Sylvia Sue Leon, Kenneth Allen Shutley, Susan G. Shutley, Raymond Russel Thatcher, Albert James Tomlinson, Cheryl Diane Tomlinson, William Arthur Townsend, Richard Bergquist, Husband/guardian Ad Litem Susan Nagoda Bergquist, Wife/guardian Ad Litem A. Taara Bergquist N. Torbin Bergquist v. Cochise Cnty., & Robert J. Eyman & Karen Eyman, David Kunz, Travis Brotherton Kuykendall & Daniel O'Brien, 806 F.2d 1364 (9th Cir. 1986).published
- Josiah Haynesworth v. Frank P. Miller, 820 F.2d 1245 (D.C. Cir. 1987).published
- Barbera v. Smith, 836 F.2d 96 (2d Cir. 1987).published
- Hontz v. State, 714 P.2d 1176 (Wash. 1986).published
- Popow v. City of Margate, 476 F. Supp. 1237 (D.N.J. 1979).published
- Rogan v. City of Los Angeles, 668 F. Supp. 1384 (C.D. Cal. 1987).published
- Wilcher v. Curley, 519 F. Supp. 1 (D. Md. 1981).published
- Villa v. Franzen, 511 F. Supp. 231 (N.D. Ill. 1981).published
- Redcross v. Cnty. of Rensselaer, 511 F. Supp. 364 (N.D.N.Y. 1981).published
- Jensen v. Conrad, 570 F. Supp. 114 (D.S.C. 1983).published
- Hill v. Marinelli, 555 F. Supp. 413 (N.D. Ill. 1982).published
- Finkelstein v. City of New York, 543 F. Supp. 161 (S.D.N.Y. 1982).published
- Sager v. City of Woodland Park, 543 F. Supp. 282 (D. Colo. 1982).published
- Odal Typographers, Inc. v. City of New York, 560 F. Supp. 558 (S.D.N.Y. 1983).published
- Cerbone v. Cnty. of Westchester, 508 F. Supp. 780 (S.D.N.Y. 1981).published
- Allman v. Coughlin, 577 F. Supp. 1440 (S.D.N.Y. 1984).published
- Starstead v. City of Superior, 533 F. Supp. 1365 (W.D. Wis. 1982).published
- Feldman v. City of New York, 493 F. Supp. 537 (S.D.N.Y. 1980).published
- Moats v. Vill. of Schaumburg, 562 F. Supp. 624 (N.D. Ill. 1983).published
- Griffen v. City of Mount Vernon, 553 F. Supp. 1047 (S.D.N.Y. 1983).published
- Gibralter v. City of New York, 612 F. Supp. 125 (E.D.N.Y. 1985).published
- Hodge v. Ruperto, 739 F. Supp. 873 (S.D.N.Y. 1990).published
- Schaefer v. Wilcock, 676 F. Supp. 1092 (D. Utah 1987).published
- Ellsworth v. Mockler, 554 F. Supp. 1072 (N.D. Ind. 1983).published
- Weeks v. Benton, 649 F. Supp. 1297 (S.D. Ala. 1986).published
- Madden v. City of Meriden, 602 F. Supp. 1160 (D. Conn. 1985).published
- Clayton v. City of New York, 596 F. Supp. 355 (S.D.N.Y. 1984).published
- Thurman v. City of Torrington, 595 F. Supp. 1521 (D. Conn. 1984).published
- Barbera v. Smith, 654 F. Supp. 386 (S.D.N.Y. 1987).published
- Dowd v. City of New Richmond, 405 N.W.2d 66 (Wis. 1987).published
- Means v. City of Chicago, 535 F. Supp. 455 (N.D. Ill. 1982).published
- Martini v. Russell, 582 F. Supp. 136 (C.D. Cal. 1984).published
- Washington Square Post 1212 Am. Legion v. City of New York, 720 F. Supp. 337 (S.D.N.Y. 1989).published
- Brown v. Coughlin, 758 F. Supp. 876 (S.D.N.Y. 1991).published
- Hector v. Weglein, 558 F. Supp. 194 (D. Md. 1982).published
- Wedgeworth v. Harris, 592 F. Supp. 155 (W.D. Wis. 1984).published
- Taylor v. Mayone, 574 F. Supp. 609 (S.D.N.Y. 1983).published
- Bush v. Ware, 589 F. Supp. 1454 (E.D. Wis. 1984).published
- Eng v. Coughlin, 684 F. Supp. 56 (S.D.N.Y. 1988).published
- O'CONNOR v. Keller, 510 F. Supp. 1359 (D. Md. 1981).published
- Smith v. City of New York, 611 F. Supp. 1080 (S.D.N.Y. 1985).published
- Anderson v. City of New York, 611 F. Supp. 481 (S.D.N.Y. 1985).published
- Larson v. Wind, 536 F. Supp. 108 (N.D. Ill. 1982).published
- Whitley v. City of New York, 518 F. Supp. 1318 (S.D.N.Y. 1981).published
- Paul v. John Wanamakers, Inc., 593 F. Supp. 219 (E.D. Pa. 1984).published
- Hardeman v. Clark, 593 F. Supp. 1285 (D.D.C. 1984).published
- Law v. Cullen, 613 F. Supp. 259 (S.D.N.Y. 1985).published
- Spriggs v. City of Chicago, 523 F. Supp. 138 (N.D. Ill. 1981).published
- Cattan v. City of New York, 523 F. Supp. 598 (S.D.N.Y. 1981).published
- Loza v. Lynch, 625 F. Supp. 850 (D. Conn. 1986).published
- Scarpa v. Murphy, 624 F. Supp. 33 (D. Mass. 1985).published
- Stengel v. City of Hartford, 652 F. Supp. 572 (D. Conn. 1987).published
- Overbay v. Lilliman, 572 F. Supp. 174 (W.D. Mo. 1983).published
- Hild v. Bruner, 496 F. Supp. 93 (D.N.J. 1980).published
- Ricciuti v. New York City Transit Auth., 754 F. Supp. 980 (S.D.N.Y. 1990).published
- Altaire Builders, Inc. v. Vill. of Horseheads, 551 F. Supp. 1066 (W.D.N.Y. 1982).published
- Allen v. Coughlin, 527 F. Supp. 1096 (N.D.N.Y. 1981).published
- Klitzman, Klitzman & Gallagher v. Krut, 591 F. Supp. 258 (D.N.J. 1984).published
- Judge v. City of New York, 785 F. Supp. 366 (S.D.N.Y. 1991).published
- Cameo Convalescent Ctr., Inc. v. Willkom, 572 F. Supp. 1244 (W.D. Wis. 1983).published
- Voie v. Flood, 589 F. Supp. 746 (W.D. Wis. 1984).published
- Doe ex rel. Doe v. New York City Dep't of Soc. Servs., 649 F.2d 134 (2d Cir. 1981).published
- Fernandez v. Chardon, 681 F.2d 42 (1st Cir. 1982).published
- Bergquist v. Cnty. of Cochise, 806 F.2d 1364 (9th Cir. 1986).published
- Barbera v. Smith, 836 F.2d 96 (2d Cir. 1987).published
- Inmates of Unit 14 v. Rebideau, 102 F.R.D. 122 (N.D.N.Y. 1984).published
- McNair v. McMickens, 115 F.R.D. 196 (S.D.N.Y. 1987).published
- John Russell Webster v. City of Houston, 689 F.2d 1220 (5th Cir. 1982).published
- Carter v. Harrison, 612 F. Supp. 749 (E.D.N.Y. 1985).published
- Smith v. Hill, 510 F. Supp. 767 (D. Utah 1981).published
At page 1247 Establishing municipal liability under section 198563 citing casesthe failure to ... supervise law enforcement officers must be so grossly negligent as to constitute ‘deliberate indifference ’
- Rivera, No. 3:25-cv-01046 (D. Conn. July 2, 2026).Owens v. Haas, 601 F.2d 1242, 1247 (2d Cir. 1979); Turpin v. Mailet, 619 F.2d 196, 202 (2d Cir. 1980) (holding that single incident committed by a group of municipal employees can support an inference of deliberate indifference in absence…
- Kelly v. Florence, No. 1:24-cv-02279 (S.D.N.Y. June 21, 2024).To state a claim of conspiracy under Section 1985 against a municipality, the plaintiff must allege that the municipality’s “official custom or policy . . . relating to failure to train or to other matters stem[s] from or result[s] in a co…
- Strachn v. N.Y.P.D., No. 1:19-cv-10212 (S.D.N.Y. Oct. 27, 2020).Dist., 491 U.S. 701, 735 (1989) (holding that § 1981 rights must be availed through the “exclusive federal remedy” provided by § 1983); Zherka v. City of New York, 459 F. App’x 10, 12 (2d Cir. 2012) (citing Owens v. Haas, 601 F.2d 1242, 12…
- Komatsu v. City of New York, No. 1:20-cv-06510, 2020 WL 8641274 (S.D.N.Y. Oct. 22, 2020).A municipality’s policy, custom, or practice must also be the basis for claims 12 against the municipality under § 1985 or §1986.6 See Owens v. Haas, 601 F.2d 1242, 1247 (2d Cir. 1979) (claims under § 1985); Noonan v. City of New York, No.…
- Moaz v. Denver Int'l Airport, No. 18-1011 (10th Cir. Aug. 23, 2018).unpublishedSee Mocek v. City of Albuquerque, 813 F.3d 912, 933 (10th Cir. 2015) ( 42 U.S.C. § 1983 ); Randle v. City of Aurora, 69 F.3d 441 , 446 n.6 (10th Cir. 1995) ( 42 U.S.C. § 1981 ); Owens v. Haas, 601 F.2d 1242, 1247 (2d Cir. 1979) ( 42 U.S.C.…
- Bailey v. Bureau of Prisons, 133 F. Supp. 3d 50 (D.D.C. 2015).published(�While prisoners themselves benefit from the scheme of the federal statutes dealing • with prisons, there is .insufficient support for a finding that the Statutes [and in particular 18 U.S.C. §§ 4001 and 4002] were enac…)
- Est. Frank P. Lagano v. Bergen Cnty. Prosecutors Offi, 769 F.3d 850 (3d Cir. 2014).publishedWe, like our sister Court of Appeals in Owens v. Haas, 601 F.2d 1242, 1247 (2d Cir.1979), therefore assume that “person” has the same meaning under both §§ 1983 and 1985. 4 .
- Garcia v. Richard Stockton Coll. of New Jersey, 210 F. Supp. 2d 545 (D.N.J. 2002).publishedThe textual basis for the analogy between the two statutes seems to be that § 1985(3) makes unlawful a conspiracy between “two or more persons.” See Owens v. Haas, 601 F.2d 1242, 1247 (2d Cir.1979).
- Sturdza v. United Arab Emirates, 562 F.3d 1186 (D.C. Cir. 2002).publishedIndeed, the Supreme Court has held that a foreign government is not a " 'person' as that term is used in s 1983," Breard v. Greene, 523 U.S. 371, 378 (1998), and sections 1983 and 1985 are interpreted consistently with each other, see Owen…
- Sturdza v. United Arab Emirates, 281 F.3d 1287 (D.C. Cir. 2002).publishedIndeed, the Supreme Court has held that a foreign government is not a “ ‘person’ as that term is used in § 1983,” Breard v. Greene, 523 U.S. 371, 378 , 118 S.Ct. 1352, 1356 , 140 L.Ed.2d 529 (1998), and sections 1983 and 1985 are interpret…
Show 49 more citing cases
- Sturdza v. United Arab Emirates, 562 F.3d 1186 (D.C. Cir. 2002).publishedIndeed, the Supreme Court has held that a foreign government is not a "`person' as that term is used in § 1983," Breard v. Greene, 523 U.S. 371, 378 , 118 S.Ct. 1352, 1356 , 140 L.Ed.2d 529 (1998), and sections 1983 and 1985 are interprete…
- Bampoe v. Coach Stores, Inc., 93 F. Supp. 2d 360 (S.D.N.Y. 2000).publishedSee, e.g., Madonna v. United States, 878 F.2d 62, 65 (2d Cir.1989); Owens v. Haas, 601 F.2d 1242, 1247 (2d Cir.), cert. denied, 444 U.S. 980 , 100 S.Ct. 483 , 62 L.Ed.2d 407 (1979) (citing Escalera v. New York City Hous.
- Querim v. Equal Emp. Opportunity Comm'n, 111 F. Supp. 2d 259 (S.D.N.Y. 2000).publishedSee, e.g., Dwyer v. Regan, 777 F.2d 825, 829 (2d Cir.1985); Owens v. Haas, 601 F.2d 1242, 1247 (2d Cir.1979); Escalera v. New York City Housing Authority, 425 F.2d 853, 857 (2d Cir.1970).
- Rabbi Yitzchok Leblanc-Sternberg, Chanie Leblanc-Sternberg, Fred Walfish, Lewis Kamman, Park Avenue Synagogue, Inc., Plaintiffs-Appellants-Cross-Appellees v. Robert Fletcher, Marianne Cucolo, John C. Layne, & Nicholas Vertullo, Individually & in Their Capacity as Trs. of the Vill. of Airmont, Maureen Kendrick, Individually & in Her Capacity as Mayor of the Vill. of Airmont, Raymond Kane, Paul Berliner, the Airmont Civic Ass'n, the Vill. of Airmont, the Town of Ramapo, & Herbert Reisman, Individually & in His Capacity as Ramapo Town Supervisor, Robert Fletcher, John C. Layne, Nicholas Vertullo, Maureen Kendrick, & Raymond Kane, Individually, & in Their Capacity as Trs. of the Vill. of Airmont, & the Vill. of Airmont, Robert Fletcher & Nicholas Vertullo, Defendants-Appellees-Cross-Appellants. United States of Am. v. The Vill. of Airmont, Airmont Civic Ass'n, Ralph Bracco, in His Capacity as Mayor of the Vill. of Airmont, John C. Layne, Raymond Kane, Charles Calotta & Ronald Sabo, in Their Capacities as Trs. of the Vill. of Airmont, 67 F.3d 412 (2d Cir. 1995).publishedThe term "persons" for purposes of Sec. 1985(3) includes municipalities, see Owens v. Haas, 601 F.2d 1242, 1247 (2d Cir.), cert. denied, 444 U.S. 980 , 100 S.Ct. 483 , 62 L.Ed.2d 407 (1979), and a claim under Sec. 1985(3) may be establishe…
- LeBlanc-Sternberg v. Fletcher, 67 F.3d 412 (2d Cir. 1995).publishedThe term “persons” for purposes of § 1985(3) includes municipalities, see Owens v. Haas, 601 F.2d 1242, 1247 (2d Cir.), cert. denied, 444 U.S. 980 , 100 S.Ct. 483 , 62 L.Ed.2d 407 (1979), and a claim under § 1985(3) may be established agai…
- Signorile v. City of NY, 887 F. Supp. 403 (E.D.N.Y. 1995).published (prisoner severely beaten by guards)
- Merced v. City of New York, 856 F. Supp. 826 (S.D.N.Y. 1994).published “so grossly negligent as to constitute ‘deliberate indifference”
- Swint v. City of Wadley, 5 F.3d 1435 (11th Cir. 1993).published Owens v. Haas, 601 F.2d 1242, 1247 (2nd Cir.), cert. denied, 444 U.S. 980 , 100 S.Ct. 483 , 62 L.Ed.2d 407 (1979).
- Morello v. James, 797 F. Supp. 223 (W.D.N.Y. 1992).published (the failure to ... supervise law enforcement officers must be so grossly negligent as to constitute ‘deliberate indifference ’)
- Ricciuti v. Transit Auth., 941 F.2d 119 (2d Cir. 1991).published This principle should be applied with particular strictness when the plaintiff seeks to file an amended complaint charging a violation of his civil rights, see generally Branum v. Clark, 927 F.2d at 705 ; Owens v. Haas, 601 F.2d 1242, 1247…
- Ricciuti v. N.Y.C. Transit Auth., 941 F.2d 119 (2d Cir. 1991).published This principle should be applied with particular strictness when the plaintiff seeks to file an amended complaint charging a violation of his civil rights, see generally Branum v. Clark, 927 F.2d at 705 ; Owens v. Haas, 601 F.2d 1242, 1247…
- Gregory Branum v. Clifford Clark, 927 F.2d 698 (2d Cir. 1991).publishedThe latter principle is to be applied with particular strictness when the plaintiff complains of a civil rights violation, see, e.g., Dwyer v. Regan, 777 F.2d at 829 ; Owens v. Haas, 601 F.2d 1242, 1247 (2d Cir.), cert. denied, 444 U.S. 98…
- Hobson v. Wilson, 556 F. Supp. 1157 (D.D.C. 1982).published
- Cynthia Wellington v. Brian L. Daniels, 717 F.2d 932 (4th Cir. 1983).published
- Cattan v. City of New York, 523 F. Supp. 598 (S.D.N.Y. 1981).published
- Scarpa v. Murphy, 624 F. Supp. 33 (D. Mass. 1985).published
- Jerome R. MacLin v. Deputy Sheriff Paulson, 627 F.2d 83 (7th Cir. 1980).published
- Andrew Polk v. Werner H. Kramarsky, 711 F.2d 505 (2d Cir. 1983).published
- Francis J. Dwyer v. Edward v. Regan, Individually & as Tr. & Admin. Head of the New York State Employees Ret. Sys., 777 F.2d 825 (2d Cir. 1985).published
- Washington v. James, 782 F.2d 1134 (2d Cir. 1986).published
- Ortega v. Rowe, 796 F.2d 765 (5th Cir. 1986).published
- Costello v. Town of Fairfield, 811 F.2d 782 (2d Cir. 1987).published
- Sarus v. Rotundo, 831 F.2d 397 (2d Cir. 1987).published
- Robert Argento, Joseph Sansone & Bennie Lenard v. Vill. of Melrose Park, Bennie Lenard v. Robert Argento & Joseph Sansone, & Hartford Accident & Indem. Co., Garnishee-Defendant-Appellant. Bennie Lenard v. Vill. of Melrose Park, Bennie Lenard v. Robert Argento & Joseph Sansone, 838 F.2d 1483 (7th Cir. 1988).published
- Respress v. Coughlin, 585 F. Supp. 854 (S.D.N.Y. 1984).published
- Calkins v. Blum, 511 F. Supp. 1073 (N.D.N.Y. 1981).published
- Stevens v. Rifkin, 608 F. Supp. 710 (N.D. Cal. 1984).published
- Bertoncini v. Schrimpf, 712 F. Supp. 1336 (N.D. Ill. 1989).published
- Hill v. New York City Bd. of Educ., 808 F. Supp. 141 (E.D.N.Y. 1992).published
- Barr v. Hardiman, 583 F. Supp. 1 (N.D. Ill. 1982).published
- Zeno v. Cropper, 650 F. Supp. 138 (S.D.N.Y. 1986).published
- Arancibia v. Berry, 603 F. Supp. 931 (S.D.N.Y. 1985).published
- Hamrick v. Lewis, 515 F. Supp. 983 (N.D. Ill. 1981).published
- Bootz v. Childs, 627 F. Supp. 94 (N.D. Ill. 1985).published
- Martin v. City of New York, 627 F. Supp. 892 (E.D.N.Y. 1985).published
- Jones v. Kneller, 482 F. Supp. 204 (E.D.N.Y. 1979).published
- Fisher v. Dist. of Columbia, 498 A.2d 198 (D.C. 1985).published
- Smith v. City of New York, 290 F. Supp. 2d 317 (E.D.N.Y. 2003).published
- Garrido v. Coughlin, 716 F. Supp. 98 (S.D.N.Y. 1989).published
- Bowen v. Rubin, 385 F. Supp. 2d 168 (E.D.N.Y. 2005).published
- Bolduc v. Town of Webster, 629 F. Supp. 2d 132 (D. Mass. 2009).published
- Brown v. City of New York, 306 F. Supp. 2d 473 (S.D.N.Y. 2004).published
- Williams v. Cnty. of Greene, 734 F. Supp. 235 (W.D. Va. 1990).published
- Polk v. Kramarsky, 711 F.2d 505 (2d Cir. 1983).published
- Sarus v. Rotundo, 831 F.2d 397 (2d Cir. 1987).published
- Argento v. Vill. of Melrose Park, 838 F.2d 1483 (7th Cir. 1988).published
- Stuyvesant v. Melissa Ann Crane J.S.C, No. 1:23-cv-04394 (S.D.N.Y. July 27, 2023).
- D'Addona, No. 7:25-cv-05812 (S.D.N.Y. July 22, 2026).
- Tracy L. Baltimore v. State of New York, No. 1:25-cv-05887 (S.D.N.Y. Aug. 11, 2026).
At page 1250 Guidance for state law in civil rights actions27 citing casesThe fact that the rights and obligations of the contract may be interpreted by reference to federal law does not mean, however, that [state] law may not be consulted. … Thus, the federal court may, if desirable, look to … [state] law in this case to determine whether Owens is a third party benefic…
- Borough of Mckees Rocks v. Allegheny Cnty. Sanitary Auth., No. 2:21-cv-00530 (W.D. Pa. May 6, 2022).(The fact that the rights and obligations of the contract may be interpreted by reference to federal law does not mean, however, that [state] law may not be consulted. … Thus, the federal court may, if desirable, look t…)
- Carl Simon v. Corr. Corp. of Am. (n/k/a CoreCivic., Inc.), No. 1:17-cv-00007 (D.V.I. Apr. 16, 2021).Id. at 106 (citing Owens v. Haas, 601 F.2d 1242, 1250 (2d Cir. 1979), cert. denied, 444 U.S. 980 (1979)); Lawaetz v. Hamm, 2020 WL 1875262 , at *9 (V.I.
- Freeman v. Hilton, 90 Va. Cir. 182 (Norfolk Cir. Ct. 2015).publishedOgunde cites two other cases that discuss third-party beneficiaiy status: Owens v. Haas, 601 F.2d 1242, 1250-51 (2d Cir. 1979), cert. denied, 444 U.S. 980 (1979), and Moorman v. Nationwide Mutual Ins.
- Doe v. Pennsylvania Bd. of Prob. & Parole, 513 F.3d 95 (3d Cir. 2008).published Owens v. Haas, 601 F.2d 1242, 1250 (2d Cir.), cert. denied, 444 U.S. 980 (1979).
- Chen v. Street Beat Sportswear, Inc., 226 F. Supp. 2d 355 (E.D.N.Y. 2002).published Owens v. Haas, 601 F.2d 1242, 1250 (2d Cir.1979) (citation omitted); see United Derrickmen & Riggers Ass’n, 119 F.Supp.2d at 174 (“The parties’ intent to benefit a third-party must be shown on the face of the agreement.”); Nepco Forged Pro…
- Storts v. Hardee's Food Sys., Inc., 919 F. Supp. 1513 (D. Kan. 1996).published(tentative finding, based upon language of contract between U.S. Bureau of Prisons and state jail, that prisoner's complaint stated third-party beneficiary status sufficient to survive motion to dismiss)
- Allen v. Katz Agency, Inc., 677 F.2d 193 (2d Cir. 1982).published
- Berger v. Heckler, 771 F.2d 1556 (2d Cir. 1985).published
- Strandberg v. City of Helena, 791 F.2d 744 (9th Cir. 1986).published
- Septembertide Publ'g, B.V. v. Stein & Day, Inc., 884 F.2d 675 (2d Cir. 1989).published
Show 14 more citing cases
- Cent. Hudson Gas & Elec. Corp. v. Empresa Naviera Santa S.A., 56 F.3d 359 (2d Cir. 1995).published
- Spear, Leeds & Kellogg v. Cent. Life Assurance Co., 85 F.3d 21 (2d Cir. 1996).published
- In re \ Agent Orange\" Prod. Liab. Litig.", 580 F. Supp. 690 (E.D.N.Y. 1984).published
- Davis v. United Air Lines, Inc., 575 F. Supp. 677 (E.D.N.Y. 1983).published
- Goodridge v. Harvey Grp., Inc., 778 F. Supp. 115 (S.D.N.Y. 1991).published
- In re Air Crash Disaster at Warsaw, Poland, Etc., 535 F. Supp. 833 (E.D.N.Y. 1982).published
- Chaplin v. Consol. Edison Co. of New York, 579 F. Supp. 1470 (S.D.N.Y. 1984).published
- Pension Fund-Mid Jersey Trucking Indus.-Local 701 v. Omni Funding Grp., 731 F. Supp. 161 (D.N.J. 1990).published
- Capital Nat. Bank of New York v. McDonald's Corp., 625 F. Supp. 874 (S.D.N.Y. 1986).published
- Ahmed v. Nat. Bank of Pakistan, 572 F. Supp. 550 (S.D.N.Y. 1983).published
- E.G.L. Gem Lab Ltd. v. Gem Quality Inst., Inc., 90 F. Supp. 2d 277 (S.D.N.Y. 2000).published
- Allen v. Katz Agency, Inc. Emp. Stock Ownership Plan, 677 F.2d 193 (2d Cir. 1982).published
- Septembertide Publ'g v. Stein & Day, Inc., 884 F.2d 675 (2d Cir. 1989).published
- Virgo v. Local Union 580, 107 F.R.D. 84 (S.D.N.Y. 1985).published
At page 1249 Government duty of reasonable care for prisoner security7 citing cases[T]he United States has a duty to care event, as the Government concedes, a party may allege alternative, and even inconsistent, claims in a complaint. See Fed. R. Civ. P. 8(d
- Masucci v. United States, No. 3:23-cv-00623 (D. Conn. July 22, 2024).Owens v. Haas, 601 F.2d 1242, 1249 (2d Cir. 1979).
- Kats v. United States, No. 3:22-cv-00471 (D. Conn. Nov. 30, 2023).“duty of reasonable care to safeguard the security of prisoners under its control”
- Schulte v. United States, No. 1:21-cv-04042 (S.D.N.Y. Feb. 22, 2023).([T]he United States has a duty to care event, as the Government concedes, a party may allege alternative, and even inconsistent, claims in a complaint. See Fed. R. Civ. P. 8(d)
- ATES v. United States, No. 2:21-cv-00418, 2023 WL 1765991 (S.D. Ind. Feb. 2, 2023).While courts have held that § 4042 imposes a duty of reasonable care or ordinary diligence on the BOP, see, e.g., Owens v. Haas, 601 F.2d 1242, 1249 (2d Cir. 1979), it does not supply a standard of care: the Seventh Circuit has recognized…
- Bruce Leonardo v. John Moran, 611 F.2d 397 (1st Cir. 1979).published
- United States v. Scott, No. 18-2836 (L) (2d Cir. Nov. 5, 2020).unpublished
- Sebolt v. Pindelski, No. 1:17-cv-01212 (E.D. Va. Apr. 15, 2020).
At page 1248 Determining applicability of state law to federal programs6 citing cases“does not bring into play rights or duties of the federal government”
- Chenkin v. 808 Columbus LLC, 570 F. Supp. 2d 510 (S.D.N.Y. 2008).published “does not bring into play rights or duties of the federal government”
- Bennett v. Massachusetts Bay Transp. Auth., 8 Mass. L. Rptr. 154 (Mass. Super. Ct. 1998).publishedOwens v. Haas, 601 F.2d 1242, 1248 (2d Cir.) (trial court required contract in order to determine validity of third-party beneficiary contract claim and appellate court’s “reading of the contract” resulted in remand), cert. denied sub nom.
- Elizabeth Beverly, Etc. v. John W. MacY Jr., Elizabeth Beverly, Etc. v. Nat'l Flood Insurers Ass'n, 702 F.2d 931 (11th Cir. 1983).published
- Ross v. United States, 641 F. Supp. 368 (D.D.C. 1986).published
- Concerned Tenants of Father Panik Vill. v. Pierce, 685 F. Supp. 316 (D. Conn. 1988).published
- Phillips v. Fed. Bureau of Prisons, 271 F. Supp. 2d 97 (D.D.C. 2003).published
At page 1245 Describing repeated acts of officer abuse4 citing casesrecounting the severe beating of a prisoner by “[a]pproximately seven guards
- Ayanna Blue v. Dist. of Columbia Pub., 811 F.3d 14 (D.C. Cir. 2015).published(recounting the severe beating of a prisoner by “[a]pproximately seven guards)
- Willis Ray Triplett v. Leflore Cnty., 712 F.2d 444 (10th Cir. 1983).published
- Stinson v. Sheriff's Dept. of Sullivan Cty., 499 F. Supp. 259 (S.D.N.Y. 1980).published
- Hobson v. Wilson, 556 F. Supp. 1157 (D.D.C. 1982).published
v.
John HAAS, Alonzo Quarles, Peter Skalkos, James J. Britt, William R. Kessler, Joseph Chatowski, Michael Allen, Walter J. Flood, and The County of Nassau
This appeal from the dismissal of a civil action against the County of Nassau, one of several defendants, comes to us following a direction for judgment under Fed.R.Civ.P. 54(b). Plaintiff Owens sued corrections officers and the county for violation of his civil rights under 42 U.S.C. §§ 1983 and 1985, and for breach of contract as a third party beneficiary. Judge Pratt found that Owens had failed to state a claim against the county under Fed.R.Civ.P. 12(c), and dismissed the action. 456 F.Supp. 1009 (E.D.N.Y.1978). We reverse and remand for further proceedings.
Plaintiff Owens was a federal prisoner who was cooperating with the United States Government. In order to insure his safety, he was transferred from federal prison to the Nassau County Jail in Hicks-ville, New York in August, 1976. This transfer was pursuant to a contract between the U.S. Bureau of Prisons and Nassau County, authorized by 18 U.S.C. § 4002.[1]
[*1245] The incident at issue took place on October 27,1976. According to plaintiff, he was asleep in his cell when he was visited by a guard and told to report to the court desk downstairs to acknowledge the lodging of a warrant against him. Plaintiff Owens refused to leave his cell to sign for the warrant, protesting that “There shouldn’t be another warrant out for me. I already signed for a warrant. . . .” Owens apparently believed that there was no requirement that he sign if he did not wish to do so.
Owens related that the first guard left, and sometime thereafter, First Class Corrections Officer Haas came to his cell. When Owens against refused to leave his cell, the two men argued, and Haas told Owens to “pack [his] stuff up,” indicating that Owens would be taken to a more secure locked cell on a different floor. Insults were exchanged when Owens refused to leave; then Officer Haas left.
Fifteen or twenty minutes later, several officers returned to Owens’ cell and ordered him to leave. An argument ensued, and Owens stepped out of his cell. Approximately seven guards were present, Owens was grabbed and beaten severely by the prison officials, resulting in lacerations, bruises, and lasting impairments which cause him to suffer blackouts to the present time.
Owens appeared before U.S. District Judge John R. Bartels of the Eastern District of New York for sentencing in an unrelated case shortly after the incident. Judge Bartels noticed that Owens was badly injured, and questioned him about the injuries. Judge Bartels then ordered a hearing on the circumstances of the incident resulting in the injuries, at which Owens and several of the prison officials testified.
Owens filed this damage suit in April, 1977, alleging violations of his constitutional rights under 42 U.S.C. § 1983 and § 1985 and claiming damages for breach of contract as a third party beneficiary of the contract between the Bureau of Prisons and Nassau County, under 18 U.S.C. § 4002 and general contract principles. Judge Pratt rejected the § 1983 claim against the county because no official policy or pattern of constitutional violations had been pleaded so as to hold the county liable under the court's reading of Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Judge Pratt also found that Owens could not claim he was a third party beneficiary of the contract, and no private right of action existed under 18 U.S.C. § 4002. Consequently, the court dismissed the action against the county. We reverse and remand.
Section 1983 Claim
When Owens filed his complaint in 1977, municipalities could not be held liable for constitutional violations, under the immunity established as to such bodies in Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961). This general immunity was removed from local bodies when the Supreme Court in Monell overruled Monroe v. Pape and held that municipalities are “persons” within the meaning of 42 U.S.C. § 1983.[2]
[*1246] The Court in Monell left open the exact dimensions of the grounds on which a municipality could be held liable. It is clear that
a municipality cannot be held liable solely because it employs a tortfeasor — or, in other words, a municipality cannot be held liable under § 1983 on a respondeat superior theory. [Monell, supra 436 U.S. at 691, 98 S.Ct. at 2036.]
Therefore, municipalities could only be liable for “action pursuant to official municipal policy of some nature [that] caused a constitutional tort.” Id., at 691, 98 S.Ct. at 2036.
The trial court read this language as requiring that a violent incident such as the one here be part of an official policy or custom, or be one in a series of incidents of which the county is aware, for the county to be held liable for the beating of this federal prisoner. Since no such causal link was pleaded, the district court concluded that there was no basis for county liability. We believe that this reading of Monell was too narrow, and that plaintiff Owens should have been given the opportunity, after limited discovery, to amend his complaint to state a ground for holding the county liable here.
The district court was correct in noting that a mere failure by the county to supervise its employees would not be sufficient to hold it liable under § 1983. Rizzo v. Goode, 423 U.S. 362, 96 S.Ct. 598, 46 L.Ed.2d 561 (1976). However, the county could be held liable if the failure to supervise or the lack of a proper training program was so severe as to reach the level of “gross negligence” or “deliberate indifference” to the deprivation of the plaintiff’s constitutional rights. Leite v. City of Providence, 463 F.Supp. 585, 590-91 (D.R.I.1978); see also Hampton v. Holmesburg Prison Officials, 546 F.2d 1077, 1081-82 (3d Cir. 1976). This concept of “deliberate indifference” does not hold the county at fault for the actions of its employees on a respondeat superior basis; it holds the county liable for its own actions which result in deprivation of constitutional rights. See Turpin v. Mailet, 579 F.2d 152, 164-65 & n. 37 (2d Cir. 1978), vacated, 439 U.S. 974, 99 S.Ct. 554, 58 L.Ed.2d 645, modified, 591 F.2d 426 (2d Cir. 1979); DiMarzo v. Cahill, 575 F.2d 15, 18 (1st Cir. 1978), cert. denied, 439 U.S. 927, 99 S.Ct. 312, 58 L.Ed.2d 320 (1978).
There is some indication in this case that a claim by Owens of failure to train or deliberate indifference of the county to violations of constitutional rights could be raised. In testimony before Judge Bartels, Officer Haas mentioned that one of the other guards involved in the incident, Officer Allen, was “fairly new” on the job. Haas also noted his philosophy that “a show of force” involving the presence of several officers is a good way to control an inmate who refused to obey an order. That an officer who is new to his job might not be properly prepared, and that a “show of force” might get out of hand in the absence of proper training, could be inferred from this testimony. The brutal and premeditated nature of the beating in this case and the number and rank of officers involved warrant the allowance of limited discovery so that the plaintiff may attempt to substantiate a claim of “deliberate indifference” by the county to the violence of prison officials, stemming from a failure to train the guards in an adequate manner.
The district court rejected liability for the county, in part, because plaintiff “asserts here not a repeated course of conduct, but only an isolated incident.” Owens v. Haas, 456 F.Supp. 1009, 1012 (E.D.N.Y.1978). While some causal link must be made between the county’s failure to train and the violation of constitutional rights, a single brutal incident such as this may be sufficient to suggest that link. As noted in Leite, supra, 463 F.Supp. at 590 — 91:
Although a city cannot be held Hablé for simple negligent training of its police force, the city’s citizens do not have to endure a “pattern” of past police misconduct before they can sue the city under section 1983. . . . [A] municipality is fairly considered to have actual or imputed knowledge of the almost inevitable[*1247] consequences that arise from the nonexistent or grossly inadequate training and supervising of a police force.
It is true that the failure to train or supervise law enforcement officers must be so grossly negligent as to constitute “deliberate indifference” in order to hold the county liable. As mentioned, though, the circumstances of this severe beating are such as to suggest official acquiescence on some level. In this case, then, Owens should be permitted to conduct limited discovery in order to determine if a case can be made for deliberate indifference by the county. Allowance of limited discovery and amendment of the complaint in this case is an appropriate way to balance the concern against entertaining groundless suits against municipalities, see Smith v. Ambrogio, 456 F.Supp. 1130 (D.Conn.1978), with the dictates of Escalera v. New York City Housing Authority, 425 F.2d 853, 857 (2d Cir.), cert. denied, 400 U.S. 853, 91 S.Ct. 54, 27 L.Ed.2d 91 (1970):
An action, especially under the Civil Rights Act, should not be dismissed at the pleadings stage unless it appears to a certainty that plaintiffs are entitled to no relief under any state of the facts, which could be proved in support of their claims. [Citations omitted.]
Section 1985 Claim
Since under Monell, a local body is a “person” for the purposes of § 1983, we assume that the same definition of “person” would apply to § 1985, which allows damages whenever two or more “persons” conspire to violate the civil rights of another. Again the county could not be held liable on a respondeat superior theory. However, if Owens’ amended complaint alleges an official custom or policy of the county, relating to failure to train or to other matters stemming from or resulting in a conspiracy implicating the county itself, a § 1985 claim will lie. See Heimbach v. Village of Lyons, 597 F.2d 344 (2d Cir. 1979).
Breach of Contract Claims
Plaintiff Owens claims he was a beneficiary of the contract between the U.S. Bureau of Prisons and the County of Nassau, which called for Nassau County to house and care for federal prisoners in its jail, entered into pursuant to 18 U.S.C. § 4002.
Owens argues first that he has an implied private right of action under 18 U.S.C. § 4002. This statute authorizes the United States to contract with local authorities “for the imprisonment, subsistence, care, and proper employment” of federal prisoners. Owens contends that since the statute lists its purpose as “providing suitable quarters for the safekeeping, care, and subsistence of all persons held under authority of any enactment of Congress,” he is intended to be benefited by the statute, and thus may sue for injury to him under its implied authority,
We agree with the court below that an implied private right of action under § 4002 will not lie. In order to imply a private right of action under a statute which does not explicitly provide for such, certain standards must be met. See generally, Davis v. Passman, - U.S. -, -, 99 S.Ct. 2264, 60 L.Ed.2d 846 (1979). According to Cort v. Ash, 422 U.S. 66, 78, 95 S.Ct. 2080, 2088, 45 L.Ed.2d 26 (1975), the court must look to (a) whether plaintiff is “one of the class for whose especial benefit the statute was enacted,” (b) whether the legislative history shows any intent to deny or to grant a private remedy, (c) whether implying a private remedy would be consistent with the underlying legislative scheme and (d) whether the cause of action is one traditionally relegated to state law. In this case, these standards have not been met.
While prisoners themselves benefit from the scheme of the federal statutes dealing with prisons, there is insufficient support for a finding that the statutes were enacted especially for the benefit of prisoners. The underlying legislative scheme is aimed at providing suitable quarters for prisoners, but also at creating a workable administrative network for the operation of federal prisons. The Attorney General is given ultimate control over the prisons in 18[*1248] U.S.C. § 4001, and the language and history of § 4002 show no specific intention to grant a private right of action to prisoners. Thus, we cannot find an implied right of action under 18 U.S.C. § 4002 which could be utilized by Owens. See Hampton v. Holmesburg Prison Officials, supra, 546 F.2d at 1082; Williams v. United States, 405 F.2d 951, 954 (9th Cir. 1969); Johnson v. Lark, 365 F.Supp. 289, 301 (E.D.Mo.1973).
Next, Owens claims a right to collect damages for breach of contract as a third party beneficiary of the contract between the United States and Nassau County, not specifically through an implied right of action under § 4002, but under general principles of contract law as they relate to this particular contract. In order to determine the validity of this claim, Judge Pratt issued an order requiring the parties to submit a copy of the contract at issue. Upon examination, Judge Pratt found no basis for holding that Owens enjoyed status as a third party beneficiary, and rejected his claim on this ground. Our reading of the contract[3] suggests that Owens might be able to enforce the contract as a third party beneficiary, and we remand for further consideration of this claim.
The first question is whether these claims are a matter of federal law or of state law. The question is posed both as a guide to contract interpretation and as an alternate basis for jurisdiction in the district court. If federal law applies to the contract claim, then Owens will have a jurisdictional basis for bringing such a claim in federal district court under 28 U.S.C. § 1331, even if his § 1983 claim, discussed above, fails. If, however, the issues are ones purely of state law, there would be no basis for jurisdiction in the federal courts, absent a valid federal claim. See Hampton v. Holmesburg Prison Officials, supra, 546 F.2d at 1082. While the matter is not free from doubt, it may be that the contract here sufficiently implicates federal interests so that interpretation of rights and duties under the agreement should be governed by federal law. See Bank of America National Trust and Savings Association v. Parnell, 352 U.S. 29, 34, 77 S.Ct. 119, 1 L.Ed.2d 93 (1956); Clearfield Trust Co. v. United States, 318 U.S. 363, 63 S.Ct. 573, 87 L.Ed. 838 (1943); Ivy Broadcasting Co. v. American Telephone & Telegraph Co., 391 F.2d 486, 491 — 93 (2d Cir. 1968). See also, Illinois v. City of Milwaukee, 406 U.S. 91, 100, 92 S.Ct. 1385, 31 L.Ed.2d 712 (1972).
Though state law will be applied to an agreement which involves private parties and does not bring into play rights or duties of the federal government, Miree v. DeKalb County, 433 U.S. 25, 28-29, 97 S.Ct. 2490, 53 L.Ed.2d 557 (1977); Parnell, supra, 352 U.S. at 33, 77 S.Ct. 119 “federal common law” will be applied by a court when there is some overriding federal interest at stake. This interest could be implicated when litigation is such that “substantial rights and duties of the United States hinge on its outcome,” Miree, supra, 433 U.S. at 31, 97 S.Ct. at 2495, when the scale of the federal activities in an area is so vast that “[t]he desirability of a uniform rule is plain,” Clearfield Trust, supra, 318 U.S. at 367, 63 S.Ct. at 575, or if “the congressional purpose [of a statutory scheme] can be achieved only if a uniform federal law governs,” Ivy Broadcasting Co., supra, 391 F.2d at 491. We recognize that the question of whether federal common law or state law applies to agreements involving obligations of the federal government is often a close one. See Miree, supra (Burger, C. J., concurring). Still, in this case there is a sufficient governmental interest in the treatment of federal prisoners to make it desirable that interpretations of rights under federal contracts relating to that area be governed by federal law.
[*1249] To begin with, the federal government owes a duty of reasonable care to safeguard the security of prisoners under its control.[4] See United States v. Muniz, 374 U.S. 150, 164-65, 83 S.Ct. 1850, 10 L.Ed.2d 805 (1963); Jones v. United States, 534 F.2d 53, 54 (5th Cir.), cert. denied, 429 U.S. 978, 97 S.Ct. 487, 50 L.Ed.2d 586 (1976); Cohen v. United States, 252 F.Supp. 679, 687 (N.D.Ga.1966), rev’d in part on other grounds, 389 F.2d 689 (5th Cir. 1967). This duty stems from both the statutory scheme, specifically 18 U.S.C. § 4042,[5] and from general duties imposed by the Constitution. See generally, Wolff v. McDonnell, 418 U.S. 539, 555-56, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974); Burgin v. Henderson, 536 F.2d 501, 502 (2d Cir. 1976). See also, Hernandez v. Lattimore, slip op. 2885 (2d Cir., June 7, 1979).
In addition, the scheme of regulation of federal prisons indicates a congressional intent to provide some general protections for federal prisoners. 18 U.S.C. § 4001 gives the Attorney General supervisory authority over federal prisoners, including authority to “provide for their proper government, discipline, treatment, care, rehabilitation, and reformation.” Also, the purpose of § 4002, giving the United States authority to contract with local bodies for the care of federal prisoners, is to provide “suitable quarters for the safekeeping, care, and subsistence” of all prisoners. In this regard, rates to be paid to local authorities may be such “as will permit and encourage the proper authorities to provide reasonable decent, sanitary, and healthful quarters and subsistence” for federal inmates. This federal involvement in encouraging proper treatment of federal prisoners is further evidenced by the policy statement and regulations which are incorporated into the contracts between the United States and local bodies,[6] aimed at assuring that
[fjederal prisoners shall be placed in contract facilities which provide a secure, humane and orderly environment, and in which adequate attention is given to the maintenance of each inmate’s health, safety, and general welfare.
Thus, there are several reasons for applying federal law to questions of general rights under federal/county contracts relating to federal prisoners, such as the one here. Because there is a federal regulatory scheme, there is a federal interest in assuring uniform treatment of federal prisoners. Ivy Broadcasting, supra, 391 F.2d at 490-91. And since the United States has a duty to care adequately for its prisoners, Muniz, supra, and is liable for its own negligence in that regard,[7] federal rights and obligations
[*1250] do “hinge on the outcome” of litigation in this area. See Miree, supra, 433 U.S. at 31, 97 S.Ct. 2490.
The fact that the rights and obligations of the contract may be interpreted by reference to federal law does not mean, however, that New York law may not be consulted. “In our choice of the applicable federal rule we have occasionally selected state law.” Clearfield Trust, supra, 318 U.S. at 367, 63 S.Ct. at 575. Thus, the federal court may, if desirable, look to New York state law in this case to determine whether Owens is a third party beneficiary under the contract between the United States and Nassau County.[8]
Under New York law, there must be some intention that a third party benefit from an agreement before that party can sue under that contract. Lawrence v. Fox, 20 N.Y. 268 (1859). While such a beneficiary must derive more than merely incidental benefit from the contract, see Port Chester Electrical Construction Co. v. Atlas, 40 N.Y.2d 652, 655, 389 N.Y.S.2d 327, 330, 357 N.E.2d 983, 985 (1976), an intention to benefit a third party may be gleaned from the contract as a whole and the party need not be named specifically as a beneficiary. Newin Corp. v. Hartford Accident & Indemnity Co., 37 N.Y.2d 211, 219, 371 N.Y.S.2d 884, 891, 333 N.E.2d 163, 167 (1975).
Our reading of the contract in the record in this case indicates that Owens, as a federal prisoner, was intended to benefit from the agreement between the United States and Nassau County. The Policy Statement of the Bureau of Prisons, incorporated into the contract, includes numerous clauses which provide for the safekeeping and protection of federal prisoners. These provisions, set out in the margin,[9] suggest that a federal prisoner who was injured in a county jail, could claim status as an intended beneficiary of the contract.
Owens’ claim as an intended beneficiary is buttressed by the fact that the United States owes him some duty of protection. Muniz, supra; Jones, supra. [*1251] Though the United States cannot be held liable for the negligence of the county under Logue v. United States, 412 U.S. 521, 93 S.Ct. 2215, 37 L.Ed.2d 121 (1973),[10] it still can be held liable for its own negligence, Muniz, and this duty exists before the United States contracts with local authorities to take the prisoners. Therefore, it would appear likely that the prisoners can claim third party beneficiary status as ones to whom a duty is owed, compare United States v. Ogden Technology Laboratories, Inc., 406 F.Supp. 1090, 1092 (E.D.N.Y.1973).
While this reading of the contract is, of course, subject to further exploration of the provisions of the contract in effect at the time Owens was injured,[11] and further elaboration of New York law on the subject, we feel that Owens does state what may be a valid claim as a beneficiary of the contract which should not have been dismissed.
Since Owens should have been allowed limited discovery and opportunity to amend his complaint to plead facts to support a legitimate § 1983 claim, and since he states what may be a valid contract claim, the case is reversed and remanded for further proceedings consistent with this opinion.
18 U.S.C. § 4002 provided:
For the purpose of providing suitable quarters for the safekeeping, care, and subsistence of all persons held under authority of any enactment of Congress, the Director of the Bureau of Prisons may contract, for a period not exceeding three years,..with the proper authorities-of-any"Sfate, Territory,..or political subdivision thereof, for the imprisonment, subsistence, care, and proper employment of such persons.
Such Federal prisoners shall be employed only in the manufacture of articles for, the production of supplies for, the construction of public works for, and the maintenance and care of the institutions of, the State or political subdivision in which they are imprisoned.
The rates to be paid for the care and custody of said persons shall take into consideration the character of the quarters furnished,[*1245] sanitary conditions, and quality of subsistence and may be such as will permit and encourage the proper authorities to provide reasonably decent, sanitary, and healthful quarters and subsistence for such persons.
This section was amended on November 9, 1978, to authorize the Attorney General, rather than the Bureau of Prisons, to contract with local authorities.
42 U.S.C. § 1983 provides:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
Though Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), held specifically that a municipality was a “person" for purposes of § 1983, counties and other “local government units” come within the holding. Id., at 690 & n. 54, 98 S.Ct. 2018. ■
The contract which appears in the record of this case is dated May 25, 1978. The policy statement which is incorporated into the contract is dated October 1, 1977. Since Owens was injured in October, 1976, and his complaint filed in April, 1977, the contract provided to Judge Pratt by the County of Nassau cannot be the specific contract at issue in Owens’ claim. We assume that the fact that the county submitted the 1978 contract in response to Judge Pratt’s order indicates a representation by the county that the earlier contract was identical, and we proceed on that basis.
But see note 7 infra.
18 U.S.C. § 4042 provides:
The Bureau of Prisons, under the direction of the Attorney General, shall—
(1) have charge of the management and regulation of all Federal penal and correctional institutions;
(2) provide suitable quarters and provide for the safekeeping, care, and subsistence of all persons charged with or convicted of offenses against the United States, or held as witnesses or otherwise;
(3) provide for the protection, instruction, and discipline of all persons charged with or convicted of offenses against the United States;
(4) provide technical assistance to State and local government in the improvement of their correctional systems.
This section shall not apply to military or naval penal or correctional institutions or the persons confined therein.
. See note 9 for specific examples.
In Logue v. United States, 412 U.S. 521, 93 S.Ct. 2215, 37 L.Ed.2d 121 (1973), the Supreme Court ruled that the United States was not liable under the Federal Tort Claims Act for the negligence of county jail officials with whom it had contracted pursuant to 18 U.S.C. § 4002. This holding was based on a finding that the county was a “contractor” who was specifically exempted from the provisions of the Federal Tort Claims Act. But even under that case, the federal government is still liable for its own negligence. Id., at 532- 33, 93 S.Ct. 2215. Presumably, then, though the United States could not be held liable for the negligence of local officials with whom it had contracted, the federal government could be held liable for its own actions if it could be found to have been negligent in contracting with a local authority.
Also, in United States v. Muniz, 374 U.S. 150, 161 62, 83 S.Ct. 1850, 10 L.Ed.2d 805 (1963), the Court notes that the uncertainty of subjecting the United States to the variations of state tort law was not sufficient reason to deny recovery to prisoners claiming injury from negli[*1250]gence of federal employees under the Federal Tort Claims Act. This does not mean, however, that there is not a significant federal interest involved in the contracting of the United States with local authorities for the care of federal prisoners.
First, the duties of the federal government in such contracting are not just those related to day-to-day operations of a caretaker, as discussed in Muniz; they are more closely tied to federal policy concerned with oversight of prison administration and general care of federal prisoners. Second, in Muniz the Court had to decide whether the variations of tort law from state to state were so great as to deny any recovery at all to a federal prisoner because of those variations, and decided to the contrary:
[Tjhough the Government expresses some concern that the nonuniform right to recover [embodied in the FTCA reference to state law] will prejudice prisoners, it nonetheless seems clear that no recovery would prejudice them even more. [Id., at 162, 83 S.Ct. at 1857.]
Here, where it is not necessary to deal with that precise question, it is possible to recognize a federal interest in regulation of federal prisoners sufficient to ground federal jurisdiction.
See Miree v. DeKalb County, 433 U.S. 25, 30, 97 S.Ct. 2490, 53 L.Ed.2d 557 (1977).
The contract summary of services to be provided calls for provision for “safekeeping, care and subsistence of persons held under authority of any United States statute.”
The policy statement attached to and incorporated into the contract states the policy that “Federal prisoners shall be placed in contract facilities which provide a secure, humane and orderly environment, and in which adequate attention is given to the maintenance of each inmate’s health, safety, and general welfare.” Chapter 1.1.6. provides: “Supervision in matters of sanitation and safety must be continuous.”
Chapter 1.7. provides: “Federal offenders shall not be subject to corporal punishment or other cruel and inhumane treatment. . Where it is necessary to use force with an offender, only the minimum force required to gain control of the situation and to prevent injury should be used.”
Chapter 1.7.2.1. provides: “Offenders who have violated institution rules and regulations or who become unmanageable in a facility or program may be subjected to disciplinary action in accordance with the institution [sic] local procedures, provided that these procedures are in accord with the U.S. Supreme Court decision in Wolff v. McDonnell." [418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974).]
See note 7, supra.
See note 3, supra.