Failure to supervise establishes liability under section 1983 only when there is a history of widespread abuse (failure to supervise gives rise to liability only in situations of widespread abuse).
A plaintiff appeals the district court's grant of judgment notwithstanding the verdict to a city and police chief, arguing that their failure to train officers on the use of flashlights as weapons constituted a municipal policy under 42 U.S.C. § 1983. The court examines whether a single incident of injury, without evidence of a history of widespread abuse, is sufficient to establish supervisory inaction. The court applies the rule that a failure to supervise generally gives rise to liability only when there is a history of widespread abuse, noting that isolated incidents are normally insufficient to predicate such liability. Because the record contained only a single incident and no evidence of prior widespread abuse, the court affirms the district court's judgment.
At page 936 Liability for failure to supervise under section 1983162 citing casesstating that “[g]enerally, a failure to supervise gives rise to § 1983 liability . . . only in those situations in which there is a history of widespread abuse
- Boyd v. Mun. Robersonville, No. 4:24-cv-00059 (E.D.N.C. Dec. 4, 2024).(Generally, a failure to supervise gives rise to § 1983 liability, . . . only in those situations in which there is a history of widespread abuse. Only then may knowledge be imputed to the supervisory personnel.)
- Blair v. Appomattox Cnty. Sch. Bd., No. 6:23-cv-00047 (W.D. Va. June 25, 2024).(Generally, a failure to supervise gives rise to § 1983 liability … only in those situations in which there is a history of widespread abuse)
- Lee v. City of Fayetteville, No. 5:23-cv-00743, 2024 WL 3073714 (E.D.N.C. June 20, 2024).(Generally, a failure to supervise gives rise to § 1983 liability, . . . only in those situations in which there is a history of widespread abuse. Only then may knowledge be imputed to the supervisory personnel.)
- Farmer v. Union Cnty. Bd. of Educ., No. 3:23-cv-00139 (W.D.N.C. Mar. 27, 2024). (Generally, a failure to supervise gives rise to § 1983 liability . . . only in those situations in which there is a history of widespread abuse.)
- Miles v. City of Henderson, No. 5:21-cv-00388 (E.D.N.C. Mar. 27, 2024). (Generally, a failure to supervise gives rise to § 1983 liability. . . only in those situations in which there is a history of widespread abuse. Only then may knowledge be imputed to the supervisory personnel.)
- Brigham v. Corcoran, No. 8:20-cv-01190 (D. Md. Sept. 1, 2021).(Generally, a failure to supervise gives rise to § 1983 liability, however, only in those situations in which there is a history of widespread abuse.)
- Robinson v. City of Hagerstown, Maryland, No. 1:20-cv-00686 (D. Md. Oct. 28, 2020).(Generally, a failure to supervise gives rise to § 1983 liability . . . only in those situations in which there is a history of widespread abuse.)
- Griffin v. Salisbury Police Dep't, No. 1:20-cv-02511, 2020 WL 6135148 (D. Md. Oct. 19, 2020).(Generally, a failure to supervise gives rise to § 1983 liability, however, only in those situations in which there is a history of widespread abuse….A single act or isolated incidents are normally insufficient to estab…)
- Manda v. Albin, No. 5:19-cv-01947 (N.D. Cal. May 22, 2020).(A single act or isolated incidents 19 are normally insufficient to establish supervisory inaction upon which to predicate § 1983 20 liability.)
- City of Canton v. Harris, 489 U.S. 378 (1989).published ([A] failure to supervise gives rise to § 1983 liability, however, only in those situations where there is a history of widespread abuse. Only then may knowledge be imputed to the supervisory personnel)
Show 149 more citing cases
- Spell v. McDaniel, 824 F.2d 1380 (4th Cir. 1987).published (knowledge [may] be imputed to the supervisory personnel” only on basis of “history of widespread abuse)
- Henry Z. Spell v. Charles D. McDaniel Individually & as Patrolman, City of Fayetteville Police Dep't, & John P. Smith, City Manager, City of Fayetteville, & William P. Dalton, Command Sergeant, City of Fayetteville Police Dep't Roger T. Holman, Command Sergeant, City of Fayetteville Police Dep't William C. Johnson, Dir. of Internal Affairs Div., City of Fayetteville Police Dep't Daniel K. Dixon, Chief, City of Fayetteville Police Dep't & the City of Fayetteville, N.C., a Mun. Corp. Organized Under & Pursuant to the Laws of the State of N.C., (Three Cases). Henry Z. Spell v. Charles D. McDaniel Individually & as Patrolman, City of Fayetteville Police Dep't, & William P. Dalton, Command Sergeant, City of Fayetteville Police Dep't Roger T. Holman, Command Sergeant, City of Fayetteville Police Dep't William C. Johnson, Dir. of Internal Affairs Div., City of Fayetteville Police Dep't Daniel K. Dixon, Chief, City of Fayetteville Police Dep't John P. Smith, City Manager, City of Fayetteville & the City of Fayetteville, N.C., a Mun. Corp. Organized Under & Pursuant to the Laws of the State of N.C., Henry Z. Spell v. Charles D. McDaniel Individually, & Charles D. McDaniel Patrolman, City of Fayetteville Police Dep't William P. Dalton, Command Sergeant, City of Fayetteville Police Dep't Roger T. Holman, Command Sergeant, City of Fayetteville Police Dep't William C. Johnson, Dir. of Internal Affairs Div., City of Fayetteville Police Dep't Daniel K. Dixon, Chief, City of Fayetteville Police Dep't John P. Smith, City Manager, City of Fayetteville & the City of Fayetteville, N.C., a Mun. Corp. Organized Under & Pursuant to the Laws of the State of N.C., 824 F.2d 1380 (4th Cir. 1987).published (knowledge [may] be imputed to the supervisory personnel" only on basis of "history of widespread abuse)
- J.A., No. 1:25-cv-04187 (D. Md. Sept. 14, 2026). Ordinarily, “a single act or isolated incidents” are “insufficient to establish supervisory inaction upon which to predicate § 1983 liability.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983); see Campbell, 972 F.3d at 398 (explai…
- Shiheed, No. 1:23-cv-01862 (D. Md. Aug. 27, 2026).“A single act or isolated incidents are normally insufficient to establish supervisory inaction upon which to predicate § 1983 liability.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983) (footnote and citations omitted). .
- Brown, No. 1:25-cv-00054 (D. Md. Aug. 26, 2026).(stating that “[g]enerally, a failure to supervise gives rise to § 1983 liability . . . only in those situations in which there is a history of widespread abuse)
- Simmons, No. 3:25-cv-00345 (S.D. W. Va. Aug. 3, 2026).Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983).
- Burgh, No. 3:25-cv-00490 (S.D. W. Va. Mar. 30, 2026).Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983).
- DeBerry, No. 1:25-cv-03576 (D. Md. Feb. 12, 2026).Even if Judge Wachs, Ms. Leitess, or the other attorneys in the State Attorney’s Office were deemed to be municipal employees of Anne Arundel County, Plaintiff’s failure-to-train theory fails as she does not “point out ‘a specific deficien…
- Semenchenko, No. 1:25-cv-01044 (D. Md. Feb. 6, 2026).“A failure to supervise gives rise to municipal liability ‘only in those situations in which there is a history of widespread abuse.’” Id. at 536–37 (quoting Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983)); see Thompson v. Mediko…
- A., No. 3:24-cv-00852 (E.D. Va. Nov. 7, 2025).Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983).
- Brown v. State of Maryland, No. 1:25-cv-01331 (D. Md. Oct. 8, 2025).Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983).
- Thompson, Pers. Representatives of the Est. of Paul Thompson v. Mediko, Inc., No. 1:24-cv-01736 (E.D. Va. Sept. 10, 2025).Md. 2020) (quoting Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983)).
- Paylor v. Baltimore Police Dep't, No. 1:24-cv-02746 (D. Md. Aug. 11, 2025).“A failure to supervise gives rise to municipal liability ‘only in those situations in which there is a history of widespread abuse.’” Id. at 536-37 (quoting Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983)).
- Doe v. Osiberu, No. 1:23-cv-03451 (D. Md. Mar. 3, 2025). Md. 2020) (quoting Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983)).
- Davina Ricketts v. Wake Cnty. Pub. Sch. Sys., 125 F.4th 507 (4th Cir. 2025).publishedIn addition, “an official policy can be inferred from a municipality’s omissions as well as from its acts” and “such omissions are actionable . . . if they constitute ‘tacit authorization’ of or ‘deliberate indifference’ to constitutional…
- Hinzo v. S. Carolina Dep't of Corr., No. 1:23-cv-03636 (D.S.C. Aug. 13, 2024).(stating that “[g]enerally, a failure to supervise gives rise to § 1983 liability . . . only in those situations in which there is a history of widespread abuse)
- Campbell v. Greiner, No. 5:23-cv-00201 (E.D.N.C. Mar. 14, 2024).Similarly, a failure to supervise claim can survive only in “situations in which there is a history of widespread abuse.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983).
- Kosey v. Cnty. of Santa Cruz, No. 5:22-cv-07340 (N.D. Cal. Feb. 28, 2024).Cal. Nov. 25, 2019) (quoting 14 Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983)).
- Nelson v. Guilford Cnty., North Carolina, No. 1:23-cv-00233 (M.D.N.C. Feb. 20, 2024).Relatedly, to the extent Plaintiff attempts to plead municipal liability through a “failure to supervise and train,” (Compl. { 126), “a failure to supervise gives rise to J 1983 liability, however, only in those situations in which there i…
- Lowe v. Ballard, No. 2:19-cv-00504 (S.D. W. Va. Jan. 30, 2024).“Nor can he reasonably be expected to guard against the deliberate criminal acts of his properly trained employees when he has no basis upon which to anticipate the misconduct.” Instead, where there is documented widespread abuses, continu…
- Diven v. Souders, No. 1:21-cv-01276 (D. Md. Jan. 26, 2024).“A single act or isolated incidents are normally insufficient to establish supervisory inaction upon which to predicate § 1983 liability.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983) (footnote and citations omitted).
- Nguyen v. City Of San Jose, No. 5:21-cv-00092 (N.D. Cal. Nov. 30, 2023).Cal. Nov. 25, 2019) (“a failure to supervise generally gives 18 rise to § 1983 liability in situations where ‘there is a history of widespread abuse.’”) (quoting 19 Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983)).
- Woods v. Dull, No. 7:22-cv-00477 (W.D. Va. Sept. 25, 2023).Instead, “supervisory liability may only be imposed where ‘there is a history of widespread abuse.’” Id. (quoting Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1980)).
- Fields v. Lt. London, No. 1:20-cv-03039 (D. Md. Sept. 18, 2023).“A single act or isolated incidents are normally insufficient to establish supervisory inaction upon which to predicate § 1983 liability.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983) (footnote. and citations omitted), Fields h…
- Lassiter v. ECI, No. 1:22-cv-02013 (D. Md. Sept. 13, 2023).“A single act or isolated incidents are normally insufficient to establish supervisory inaction upon which to predicate § 1983 liability.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983) (footnote and citations omitted). 3 To the…
- Mills v. Iser, No. 1:22-cv-01691 (D. Md. Sept. 5, 2023).“A single act or isolated incidents are normally insufficient to establish supervisory inaction upon which to predicate § 1983 liability.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983) (footnote and citations omitted).
- Malone v. Millan, No. 1:22-cv-02032 (D. Md. Sept. 5, 2023).“A single act or isolated incidents are normally insufficient to establish supervisory inaction upon which to predicate § 1983 liability.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983) (footnote and citations omitted).
- Butler v. Kimbrough, No. 1:21-cv-00782 (M.D.N.C. Aug. 11, 2023).And as for the third element, proof of causation “may be direct . . . where the policy commands the injury of which the plaintiff complains[,] [o]r the causal link may be supplied by tort principle that holds a person liable for the natura…
- Ford, III v. Taylor, No. 1:22-cv-00896 (D. Md. June 7, 2023).“A single act or isolated incidents are normally insufficient to establish supervisory inaction upon which to predicate § 1983 liability.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983) (footnote and citations omitted).
- G.D. v. Kannapolis City Schs. Bd. of Educ., No. 1:22-cv-01001 (M.D.N.C. Apr. 27, 2023). But “omissions are actionable only if they constitute tacit authorization of or deliberate indifference to constitutional injuries.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983) (cleaned up); see also Estate of Billups ex rel.
- Shiheed v. Smith, No. 1:22-cv-00720 (D. Md. Mar. 20, 2023).“A single act or isolated incidents are normally insufficient to establish supervisory inaction upon which to predicate § 1983 liability.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983) (footnote and citations omitted).
- Hammock v. Barnes, No. 1:22-cv-00482 (D. Md. Mar. 10, 2023).“A single act or isolated incidents are normally insufficient to establish supervisory inaction upon which to predicate § 1983 liability.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983).
- Giddings v. Charriez, No. 1:21-cv-02735 (D. Md. Jan. 31, 2023).“A single act or isolated incidents are normally insufficient to establish supervisory inaction upon which to predicate § 1983 liability.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983) (footnote and citations omitted).
- Robinson v. Bivens, No. 1:22-cv-00473 (D. Md. Jan. 25, 2023).(stating that “[g]enerally, a failure to supervise gives rise to § 1983 liability . . . only in those situations in which there is a history of widespread abuse)
- Richardson v. Wellpath Health Care, No. 1:20-cv-00777 (M.D.N.C. Jan. 10, 2023).And as for the third element, proof of causation “may be direct . . . where the policy commands the injury of which the plaintiff complains[,] [o]r the causal link may be supplied by tort principle that holds a person liable for the natura…
- Swearingen v. Linn Cnty., KS, No. 2:20-cv-02630 (D. Kan. Nov. 16, 2022).Also, the “‘failure to supervise gives rise to § 1983 liability . . . only in those situations where there is a history of wide-spread abuse.’” Canton, 489 U.S. at 398 (O’Connor, J., concurring) (quoting Wellington v. Daniels, 717 F.2d 932…
- Harris v. State of Maryland, No. 1:21-cv-01380 (D. Md. Sept. 9, 2022).“A single act or isolated incidents are normally insufficient to establish supervisory inaction upon which to predicate § 1983 liability.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983) (footnote and citations omitted). 3 To the…
- Shipley v. Disney, Jr., No. 1:21-cv-03173, 2022 WL 2789076 (D. Md. July 15, 2022).Md. 2020) (“A failure to supervise gives rise to municipal liability ‘only in those situations in which there is a history of widespread abuse.’”) (quoting Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983)).
- Brooks v. Watts, No. 1:21-cv-01901 (D. Md. July 13, 2022).“A single act or isolated incidents are normally insufficient to establish supervisory inaction upon which to predicate § 1983 liability.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983) (footnote and citations omitted).
- Waller v. Butkovich, 584 F. Supp. 909 (M.D.N.C. 1984).published
- Spell v. McDaniel, 591 F. Supp. 1090 (E.D.N.C. 1984).published
- Loya v. Wexford Health Sources, Inc., No. 8:19-cv-01646, 2020 WL 1158575 (D. Md. Mar. 9, 2020).
- Ricketts v. Wake Cnty. Pub. Sch. Sys., No. 5:21-cv-00049 (E.D.N.C. Jan. 3, 2022).
- City of Oklahoma v. Tuttle, 471 U.S. 808 (1985).published
- Rhonda R. Milligan v. The City of Newport News, 743 F.2d 227 (4th Cir. 1984).published
- Debbie Williams & Linda Stanley, Plaintiffs/appellees/cross-Appellants v. William R. Butler v. City of Little Rock, Arkansas, Third-Party Appellant/cross-Appellee, 746 F.2d 431 (3d Cir. 1984).published
- Brown v. Reardon, 770 F.2d 896 (10th Cir. 1985).published
- Lois Thurston Kibbe, Adm'r of the Est. of Clinton Thurston v. City of Springfield, 777 F.2d 801 (1st Cir. 1985).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
- Doris Berry, Pers. Rep. of the Est. of Lee F. Berry, Jr., Deceased v. City of Detroit, 25 F.3d 1342 (6th Cir. 1994).published
- Hontz v. State, 714 P.2d 1176 (Wash. 1986).published
- Allen v. Cook, 668 F. Supp. 1460 (W.D. Okla. 1987).published
- Martin v. Swift, 781 F. Supp. 1250 (E.D. Mich. 1992).published
- McDonald v. Dunning, 760 F. Supp. 1156 (E.D. Va. 1991).published
- Reagan v. Hampton, 700 F. Supp. 850 (M.D.N.C. 1988).published
- Woodley v. Town of Nantucket, 645 F. Supp. 1365 (D. Mass. 1986).published
- Bush v. Ware, 589 F. Supp. 1454 (E.D. Wis. 1984).published
- Fenner v. Dawes, 748 F. Supp. 404 (E.D. Va. 1990).published
- Moenius v. Stevens, 688 F. Supp. 1054 (D. Md. 1988).published
- Kling v. Harris Teeter Inc., 338 F. Supp. 2d 667 (W.D.N.C. 2002).published
- Vincent v. Prince George's Cnty., MD, 157 F. Supp. 2d 588 (D. Md. 2001).published
- Williams v. Prince George's Cnty., MD, 157 F. Supp. 2d 596 (D. Md. 2001).published
- Tigrett v. Rector & Visitors of the Univ. of Virginia, 137 F. Supp. 2d 670 (W.D. Va. 2001).published
- Smith v. Rector & Visitors of Univ. Of Virginia, 78 F. Supp. 2d 533 (W.D. Va. 1999).published
- Pearson v. Simms, 345 F. Supp. 2d 515 (D. Md. 2003).published
- Smith v. Rector & Visitors of the Univ. of Virginia, 115 F. Supp. 2d 680 (W.D. Va. 2000).published
- Commonwealth v. Cullen-Doyle, S., Aplt., 164 A.3d 1239 (Pa. 2017).published
- Osborne v. Yadkin Valley Econ. Dev. Dist. Inc., 865 S.E.2d 307 (N.C. Ct. App. 2021).published
- Clancy v. McCabe, 805 N.E.2d 484 (Mass. 2004).published
- Johnson v. City of Fayetteville, 91 F. Supp. 3d 775 (E.D.N.C. 2015).published
- Warkentine v. Soria, 152 F. Supp. 3d 1269 (E.D. Cal. 2016).published
- Keehl v. DeBottis, 776 F. Supp. 1216 (E.D. Mich. 1991).published
- Russell v. Town of Chesapeake, 817 F. Supp. 38 (S.D. W. Va. 1993).published
- Williams v. Butler, 746 F.2d 431 (8th Cir. 1984).published
- Brown v. Reardon, 770 F.2d 896 (10th Cir. 1985).published
- Bergquist v. Cnty. of Cochise, 806 F.2d 1364 (9th Cir. 1986).published
- Manda v. Albin, No. 5:19-cv-01947, 2019 WL 6311380 (N.D. Cal. Nov. 25, 2019).
- Nguyen v. City Of San Jose, No. 5:21-cv-00092 (N.D. Cal. Mar. 29, 2022).
- Mondowney v. Baltimore Cnty. Det. Ctr., No. 1:17-cv-01538 (D. Md. July 18, 2019).
- Ben v. Moskal, No. 8:17-cv-03054 (D. Md. Sept. 12, 2019).
- Clark v. Beeman, No. 8:18-cv-00090 (D. Md. Sept. 4, 2019).
- Robinson v. Wexford Health, No. 1:18-cv-02360 (D. Md. Sept. 6, 2019).
- Burgess v. Wehn, No. 8:18-cv-02168 (D. Md. Sept. 10, 2019).
- Matthis v. Somerset Cnty. Det. Ctr., No. 1:18-cv-00223 (D. Md. Oct. 8, 2019).
- Neisser v. Wexford Health Servs., Inc., No. 1:19-cv-00888 (D. Md. Dec. 10, 2019).
- Fletcher v. Corcoran, No. 8:18-cv-03319 (D. Md. Mar. 2, 2020).
- Williams v. Corcoran, No. 1:19-cv-00896 (D. Md. Mar. 12, 2020).
- Canter v. Mamboob, No. 8:17-cv-00908, 2020 WL 1331894 (D. Md. Mar. 23, 2020).
- Johnson v. Campbell, No. 8:18-cv-03131 (D. Md. Mar. 25, 2020).
- Fletcher v. Logsdon, No. 8:18-cv-03567 (D. Md. Mar. 30, 2020).
- Shirley Johnson, Pers. Rep. of the Est. of Elbert Davis, Sr. v. Baltimore City Police Dep't, No. 1:18-cv-02375 (D. Md. Apr. 7, 2020).
- Escobar v. Moyer, No. 1:19-cv-02717 (D. Md. Apr. 29, 2020).
- Robinson v. City of Hagerstown, Maryland, No. 1:20-cv-00686 (D. Md. Apr. 30, 2020).
- Parkerton v. Brooks, No. 1:19-cv-01403 (D. Md. Aug. 14, 2020).
- Adams v. Wexford Health Source, No. 1:19-cv-02204 (D. Md. Aug. 28, 2020).
- Williams v. Corizon, No. 1:19-cv-00887 (D. Md. Sept. 9, 2020).
- Rodriguez v. Wexford Health Sources, Inc., No. 1:19-cv-02683 (D. Md. Sept. 18, 2020).
- Bogues v. Bishop, Warden, No. 1:19-cv-02035, 2020 WL 5759758 (D. Md. Sept. 28, 2020).
- Brightwell v. Warden of MCI-J, No. 1:18-cv-03807 (D. Md. Sept. 15, 2020).
- Hughley v. Matthews, No. 1:19-cv-01950 (D. Md. Sept. 23, 2020).
- Collins v. Warden, No. 1:19-cv-02526 (D. Md. Dec. 16, 2020).
- Morris v. Taylor, No. 1:20-cv-00342 (D. Md. Jan. 5, 2021).
- Collins v. Warden, No. 1:19-cv-02525 (D. Md. Jan. 8, 2021).
- Morris v. Hill, No. 1:20-cv-00095 (D. Md. Jan. 11, 2021).
- Broadus v. Adventist Health Care Washington, No. 8:19-cv-03636 (D. Md. Jan. 25, 2021).
- Best v. Baltimore Cnty., No. 1:18-cv-03225 (D. Md. Jan. 14, 2021).
- Petrovia v. Prime Care Med. Inc, No. 1:20-cv-02522, 2021 WL 307414 (D. Md. Jan. 29, 2021).
- Poynter Eager Jr. v. Thomas, No. 1:20-cv-00804 (D. Md. Jan. 20, 2021).
- Tyner v. Harford Cnty. Maryland, No. 8:19-cv-02529 (D. Md. Mar. 2, 2021).
- Best v. Baltimore Cnty., No. 1:19-cv-02344 (D. Md. Mar. 9, 2021).
- Burgess v. RCI, No. 8:20-cv-01902 (D. Md. June 30, 2021).
- Conaway v. Watts, No. 1:21-cv-01890 (D. Md. Aug. 24, 2021).
- Fox v. State of Maryland, No. 1:20-cv-02085 (D. Md. Sept. 14, 2021).
- Brightwell v. Gang, No. 1:20-cv-02510 (D. Md. Dec. 1, 2021).
- Knight v. Watts, No. 1:21-cv-00056 (D. Md. Jan. 6, 2022).
- Cottman v. Baltimore Police Dep't, No. 1:21-cv-00837, 2022 WL 137735 (D. Md. Jan. 13, 2022).
- Shenk v. Humane Soc'y of Carroll Co., Inc., No. 1:20-cv-00443 (D. Md. Jan. 27, 2022).
- Davidson v. Ali, No. 8:19-cv-00885 (D. Md. Feb. 10, 2022).
- Gough v. W.C.I., No. 1:20-cv-03349 (D. Md. Jan. 24, 2022).
- Prince v. Warden, No. 8:20-cv-00535 (D. Md. Feb. 28, 2022).
- Canty v. Bishop, No. 1:21-cv-03151, 2023 WL 284446 (D. Md. Jan. 18, 2023).
- Hardin v. Fuqua, No. 7:20-cv-00232 (E.D.N.C. Apr. 8, 2022).
- R.W. v. Chapel Hill-carrboro City Schs. Bd. of Educ., No. 1:19-cv-01018 (M.D.N.C. June 9, 2020).
- Mathis v. Caswell Cnty. Sch. Bd. of Educ., No. 1:20-cv-00092 (M.D.N.C. Mar. 23, 2021).
- P. v. Meredith, NH, Town of, No. 1:19-cv-01114 (D.N.H. Oct. 1, 2020).
- Reno v. Cnty. of Putnam, No. 7:16-cv-05179 (S.D.N.Y. Jan. 14, 2020).
- Ramu v. Johnson, No. 1:21-cv-00197 (D.S.C. Oct. 14, 2021).
- Prince v. Managing Off., No. 8:20-cv-00528 (D. Md. Feb. 17, 2022).
- S.Y. v. Sampson Cnty. Bd. of Educ., No. 7:24-cv-00471 (E.D.N.C. Oct. 31, 2024).
- Green v. Mills, No. 3:19-cv-00906, 2020 WL 2850177 (E.D. Va. June 2, 2020).
- Hupp v. Cook, No. 2:17-cv-00926 (S.D. W. Va. July 3, 2018).
- Nichols v. Cnty. Comm'n of Cabell Cnty., No. 3:18-cv-00266, 2018 WL 4016311 (S.D. W. Va. Aug. 22, 2018).
- Cottrell v. Stepp, No. 2:18-cv-01281, 2019 WL 1140198 (S.D. W. Va. Mar. 12, 2019).
- Wilson v. Wexford Med. & Admin./staff at fault, No. 3:18-cv-00890 (S.D. W. Va. Aug. 19, 2019).
- Smith v. City of Dunbar, West Virginia, No. 2:18-cv-01276 (S.D. W. Va. Jan. 28, 2020).
- Frye v. Lincoln Cnty. Comm'n, No. 2:20-cv-00403, 2021 WL 243864 (S.D. W. Va. Jan. 25, 2021).
- Roe v. Fowlkes Tucker, No. 3:24-cv-00145 (E.D. Va. June 30, 2025).
- Coleman v. Kendall, No. 2:24-cv-00654 (S.D. W. Va. July 14, 2025).
- Angelika P., for herself & as guardian & next friend of N.P., an incapacitated adult, Plaintiffs v. Town of Meredith, Defendant, 2020 DNH 166 (D.N.H. 2020).published
- McCann-McCalpine, No. 1:23-cv-02039 (D. Md. Feb. 24, 2026).
- Cottrell, No. 1:23-cv-01687 (D. Md. Mar. 9, 2026).
- Coleman, No. 2:24-cv-00654 (S.D. W. Va. June 4, 2026).
- City of Springfield v. Kibbe, 480 U.S. 257 (1987).published
- Vizbaras v. Prieber, 761 F.2d 1013 (4th Cir. 1985).published
- Deborah Shaw, Adm'x of the Est. of Sidney Bowen, Deceased Nancy Bowen, Individually, & as Guardian Ad Litem for Kimberly Yvonne Bowen & Lee Frederick Bowen, the Minor Child. of Sidney Bowen v. C.I. Stroud, Individually, & Alfred E. Morris, J.M. Smith J.A. McVicker J.H. Parks, in Their Individual Capacities, Deborah Shaw, Adm'x of the Est. of Sidney Bowen, Deceased Nancy Bowen, Individually, & as Guardian Ad Litem for Kimberly Yvonne Bowen & Lee Frederick Bowen, the Minor Child. of Sidney Bowen v. Alfred E. Morris C.I. Stroud, J.M. Smith, in Their Individual Capacities, & J.A. McVicker J.H. Parks, in Their Individual Capacities, Deborah Shaw, Adm'x of the Est. of Sidney Bowen, Deceased Nancy Bowen, Individually, & as Guardian Ad Litem for Kimberly Yvonne Bowen & Lee Frederick Bowen, the Minor Child. of Sidney Bowen v. C.I. Stroud Alfred E. Morris J.M. Smith, in Their Individual Capacities, Deborah Shaw, Adm'x of the Est. of Sidney Bowen, Deceased Nancy Bowen, Individually, & as Guardian Ad Litem for Kimberly Yvonne Bowen & Lee Frederick Bowen, the Minor Child. of Sidney Bowen v. C.I. Stroud, Individually, 13 F.3d 791 (4th Cir. 1994).published
- Timko v. City of Hazleton, 665 F. Supp. 1130 (M.D. Pa. 1986).published
- Shaw v. Stroud, 13 F.3d 791 (4th Cir. 1994).published
- Fuller v. Carilion Clinic, 382 F. Supp. 3d 475 (W.D. Va. 2019).published
At page 938 Applying appellate standard for jury instruction error53 citing cases“only if the error is determined to have been prejudicial, based on a review of the record as a whole.”
- Durflinger v. Artiles, 727 F.2d 888 (10th Cir. 1984).published
- Walter D. Weir & Janet D. Weir v. Fed. Ins. Co., & Third Party Cross-Appellee v. Whirlpool Corp., Third Party Cross-Appellant, & Mesa Tv & Appliance, Inc., Third Party, 811 F.2d 1387 (3d Cir. 1987).published
- Big Horn Coal Co. v. Commonwealth Edison Co., Black Butte Coal Co. v. Commonwealth Edison Co., 852 F.2d 1259 (10th Cir. 1988).published
- Judy B. Ruhland, of the Est. of Edmund E. Ruhland, Jr., Deceased v. Copperstone Ctr. Med. Assocs., William F. Cale, Terry L. Overby, M.D., 870 F.2d 655 (4th Cir. 1989).unpublished
- Biodex Corp. v. Loredan Biomedical, Inc., 946 F.2d 850 (Fed. Cir. 1991).published
- Terry Lee Virts v. William Carl Bailey Lewis D. Craven, 968 F.2d 1213 (4th Cir. 1992).unpublished
- Fed. Sec. L. Rep. P 97,402, 38 Fed. R. Evid. Serv. 462 United States of Am. v. United Med. & Surgical Supply Corp. C. Donald Stone, United States of Am. v. Robert Morris Buchanan, Jr., United States of Am. v. C. Donald Stone, 989 F.2d 1390 (4th Cir. 1993).published
- Power v. Arlington Hosp. Ass'n, 42 F.3d 851 (4th Cir. 1994).published
- John E. Jenkins v. North Am. Van Lines, Inc. Charles E. Gere, 46 F.3d 1124 (4th Cir. 1995).unpublished
- Henry L. Hardin v. Ski Venture, Inc., D/B/A Snowshoe Resort, a West Virginia Corp., 50 F.3d 1291 (4th Cir. 1995).published
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- Barbara A. Koch, Individually James P. Koch, as Husband & Wife v. Sports Health Home Care Corp., D/B/A Medi, 54 F.3d 773 (4th Cir. 1995).published
- Michael A. Barlow v. New York Life Ins. Co., & Roy E. Brown, 56 F.3d 60 (4th Cir. 1995).published
- Jeffrey Henderson v. Andrew Winston, Sheriff of Richmond City Jail, in His Individual Capacity, 59 F.3d 166 (4th Cir. 1995).published
- United States v. David Finn Pearce, United States of Am. v. Stacey Lee Pearce, A/K/A Stacy Lee Allen, A/K/A Stacey Lee Ray, 65 F.3d 22 (4th Cir. 1995).published
- United States v. Curtis E. Valentine, 67 F.3d 298 (4th Cir. 1995).unpublished
- United States v. Herbert Daniel Fleschner, United States of Am. v. Robert Barnwell Clarkson, United States of Am. v. Vernon Rubel, 98 F.3d 155 (4th Cir. 1996).published
- David Scott Morrill v. Prince George's Cnty., Maryland, a Maryland Mun. Corp. Jeffrey S. Gray Lenny S. Sage, 103 F.3d 119 (4th Cir. 1996).unpublished
- Jacobs Press, Inc. v. The Hartford Steam Boiler Inspection & Ins. Co., Jacobs Press, Inc. v. The Hartford Steam Boiler Inspection & Ins. Co., 107 F.3d 866 (4th Cir. 1997).unpublished
- 74 Fair empl.prac.cas. (Bna) 1495, 71 Empl. Prac. Dec. P 44,943 Margaret Lynn Hartsell v. Duplex Prods., Inc. Rick Grebner John Harris Dennis Hardin, 123 F.3d 766 (4th Cir. 1997).published
- Howard v. Moore, 131 F.3d 399 (4th Cir. 1997).published
- Abraham v. Cnty. of Greenville, 237 F.3d 386 (4th Cir. 2001).published
- United States v. Michael Woods, 710 F.3d 195 (4th Cir. 2013).published
- Morrill v. Prince George's Cnty, No. 95-3209 (4th Cir. Dec. 4, 1996).unpublished
- United States v. Faircloth, No. 96-4731 (4th Cir. Oct. 14, 1997).unpublished
- Philson v. Goldsboro Milling Co, No. 96-2542, 1998 WL 709324 (4th Cir. Oct. 5, 1998).unpublished
- Associated Mech v. HDR Eng'g Inc, No. 97-2737 (4th Cir. Apr. 29, 1999).unpublished
- French v. Wal-Mart Stores, Inc, No. 98-2135 (4th Cir. Aug. 23, 1999).unpublished
- Humphries v. Mack Trucks Inc, No. 98-1970 (4th Cir. Oct. 13, 1999).unpublished
- United States v. Norton, 17 F. App'x 98 (4th Cir. 2001).unpublished
- Nguyen v. Arce, 34 F. App'x 879 (4th Cir. 2002).unpublished
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- Kebe Ex Rel. K.J. v. Brown, 91 F. App'x 823 (4th Cir. 2004).unpublished
- United States v. Golden, 383 F. App'x 733 (4th Cir. 2007).unpublished
- Vanwyk Textile Sys., B v. v. Zimmer Mach. Am., Inc., 994 F. Supp. 350 (W.D.N.C. 1997).published
- Pathways Psychosocial v. Town of Leonardtown, MD, 223 F. Supp. 2d 699 (D. Md. 2002).published
- Rambus, Inc. v. Infineon Tech. AG, 164 F. Supp. 2d 743 (E.D. Va. 2001).published
- United States v. Fleschner, No. 94-5929 (4th Cir. Oct. 11, 1996).published
- Hartsell v. Duplex Prods., Inc., 123 F.3d 766 (4th Cir. 1997).published
- Hwoard v. Moore, No. 95-4017 (4th Cir. Feb. 24, 1998).published
- Sturges v. Matthews, 53 F.3d 659 (4th Cir. 1995).published
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- Scott v. Watsontown Trucking Co., 920 F. Supp. 2d 644 (E.D. Va. 2013).published
- Weir v. Fed. Ins., 811 F.2d 1387 (10th Cir. 1987).published
- United States v. United Med. & Surgical Supply Corp., 989 F.2d 1390 (4th Cir. 1993).published
At page 935 Examining municipal liability under section 198324 citing cases“official policy can be inferred from a municipality's omissions as well as from its acts.”
- Miles v. City of Henderson, No. 5:21-cv-00388 (E.D.N.C. Mar. 27, 2024). “A pattern of similar constitutional violations by untrained employees is ordinarily necessary to demonstrate deliberate indifference for purposes of failure to train.” Connick v. Thompson, 563 U.S. 51, 62 (2011); see Wellington, 717 F.2d…
- Est. of Brandon C. Billups v. Baker, No. 5:22-cv-00206, 2023 WL 2333886 (E.D.N.C. Mar. 2, 2023).Further, “official policy can be inferred from a municipality’s omissions as well as from its acts.” Wellington v. Daniels, 717 F.2d 932, 935-36 (4th Cir. 1983).
- Charles J. Slakan v. T.C. Porter, M.M. Walters, Amos Reed, Ralph Edwards, Sam Garrison, & J.B. Barefoot, J.G. Watson, D.R. Woodard, Jack Lemons, 737 F.2d 368 (4th Cir. 1984).published
- Margie P. Hollins v. Robert Lee Powell, 773 F.2d 191 (8th Cir. 1985).published
- Colburn v. Upper Darby Twp., 838 F.2d 663 (3d Cir. 1988).published
- Clipper v. Takoma Park, 876 F.2d 17 (4th Cir. 1989).published
- Est. of Gilmore v. Buckley, 608 F. Supp. 554 (D. Mass. 1985).published
- McAdoo v. Toll, 615 F. Supp. 1309 (D. Md. 1985).published
- Browning v. Snead, 886 F. Supp. 547 (S.D. W. Va. 1995).published
- Waller v. Butkovich, 584 F. Supp. 909 (M.D.N.C. 1984).published
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- McAdoo v. Toll, 591 F. Supp. 1399 (D. Md. 1984).published
- Spell v. McDaniel, 591 F. Supp. 1090 (E.D.N.C. 1984).published
- Delph v. Trent, 86 F. Supp. 2d 572 (E.D. Va. 2000).published
- Hepburn Ex Rel. Hepburn v. Athelas Inst., Inc., 324 F. Supp. 2d 752 (D. Md. 2004).published
- Canter v. Shoppert, No. 8:16-cv-02545 (D. Md. Mar. 9, 2020).
- Knott v. Wexford Health Sources Inc., No. 8:19-cv-01647 (D. Md. Mar. 23, 2020).
- Loya v. Wexford Health Sources, Inc., No. 8:19-cv-01646, 2020 WL 1158575 (D. Md. Mar. 9, 2020).
- Battle v. Bishop, No. 8:19-cv-02966 (D. Md. Mar. 29, 2021).
- Ricketts v. Wake Cnty. Pub. Sch. Sys., No. 5:21-cv-00049 (E.D.N.C. Jan. 3, 2022).
- Melissa & Daniel Willey v. Bd. of Educ. of St. Mary's Cnty., No. 8:20-cv-00161 (D. Md. June 5, 2023).
At page 937 Evaluating evidence for municipal liability under deliberate indifference3 citing casesno showing that municipality "remain[ed] indifferent to" unwarranted injury
- City of Canton v. Harris, 489 U.S. 378 (1989).published See, e. g., Fiacco v. Rensselaer, 783 F. 2d 319 , 327 (CA2 1986) (multiple incidents required for finding of deliberate indifference); Patzner v. Burkett, 779 F. 2d 1363, 1367 (CA8 1985) ("[A] municipality may be liable if it had notice of…
- Victor Manuel Cruz, & Maria Claribek Cruz v. Bd. of Supervisors, Fairfax Cnty. Audrey Moore Martha v. Pennino Joseph Alexander Sharon Bulova Thomas M. Davis, III Katherine K. Hanley Gerald Hyland Elaine McConnell Lilla Richards John E. Granfield R. L. Smith, 983 F.2d 1055 (4th Cir. 1993).unpublished
- City of Springfield v. Kibbe, 480 U.S. 257 (1987).published
At page 934 Recounting expert testimony regarding police procedure and equipment3 citing casesrecounting the testimony of "an expert on police procedure and equipment
- J.A., No. 1:25-cv-04187 (D. Md. Sept. 14, 2026). Ordinarily, “a single act or isolated incidents” are “insufficient to establish supervisory inaction upon which to predicate § 1983 liability.” Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983); see Campbell, 972 F.3d at 398 (explai…
- Henry v. Purnell, 619 F.3d 323 (4th Cir. 2010).published
v.
Brian L. DANIELS, Darrel W. Stephens and City of Newport News, Virginia, Appellees
Cynthia Wellington, guardian of the Estate of Robert D. Gravelle, appeals the rejection of claims for damages for personal injuries sustained by Gravelle when he was struck in the head with a Kel-lite type flashlight, by Brian L. Daniels, a Newport News policeman. The injury resulted in a fractured skull, complete body paralysis and severe reduction in mental capability. Included as defendants were Police Officer Daniels for his alleged unreasonable force in arresting Gravelle and Chief of Police George C. Austin and the City of Newport News for their failure to train and supervise properly the police department in the use of Kel-lite flashlights as weapons.
Following a trial in which the jury found in Officer Daniels’ favor and against Chief Austin and the City, with an adverse verdict of $1,500,000.00, the district court granted Chief Austin and the City’s motion for j.n.o.v. and denied a j.n.o.v. motion as to Daniels lodged by the guardian (hereinafter referred to as Gravelle). Gravelle’s subsequent motion for a new trial as to all defendants was also denied. Gravelle specifically appeals the denial of the new trial and judgment notwithstanding verdict motions.
Gravelle appeals on several grounds. First, he argues that the j.n.o.v. motion as to Chief Austin and the City was improvidently granted because there was evidence that Chief Austin knew that his officers had used Kel-lite flashlights as weapons and that he had failed to promulgate a policy concerning their use. Further, he contends that a jury verdict in favor of Daniels did not preclude a verdict against Chief Austin and the City. Alternatively, Gravelle has sought a new trial as to all defendants on the ground that gross negligence was the appropriate standard of care in the case and that the same was proved.
I. Factual Background
Shortly after midnight on April 12, 1981, Officer Daniels responded to a call from another Newport News patrol car for help in stopping a speeding vehicle, driven by Gravelle, who would not respond to police directions to stop. Gravelle was driving at dangerously high speeds and maneuvering erratically through commercial and residential areas. Eventually, a number of patrol cars were able to surround and stop the vehicle.
One witness to the incident, Judith Thompson, testified that, after Gravelle jumped from his car and attempted to run away, Officer Daniels chased him from behind and struck him in the head with his Kellite flashlight. In contrast, Officer Daniels testified that Gravelle was charging at him like a wild man and that he struck Gravelle in an attempt to protect himself. At the very least, it is clear that Gravelle was making an active effort to evade apprehension by the police. Apparently, by finding in Officer Daniels’ favor, the jury gave more credence to the officer’s version of the incident.
Dr. Kirkham, a police officer and criminologist, produced as a witness by Gravelle qualified as an expert on police procedure and equipment, testified that the Kel-lite did not bend like a nightstick and that it could be used as a powerful weapon. Kirk-ham further testified that there had been a Kel-lite problem in many police departments for the past 10-15 years. According to Kirkham, the problem had been chronicled in numerous law enforcement publications. As a result of mishaps in use of the Kel-lite, a number of police departments outlawed the Kel-lite, while some others’ issued strong cautions, in the form of orders and bulletins that the Kel-lite was not to be used as a weapon because it was capable of producing death or great bodily injury. It was Kirkham’s opinion that the Newport News Police Department was “grossly defi[*935] cient in not, at the very least, putting out a course of the sort ... indicated.”
Chief Austin kept abreast of police science by attending seminars and classes, reading various publications and discussing police matters with other police chiefs. He was aware generally that Kel-lites and similar flashlights had been used by police as weapons with severe consequences in the way of serious bodily injuries. He also testified that he was not aware of any specific injury producing use of Kel-lites that had occurred in Newport News although he recognized that flashlights were used by his officers to protect themselves.
Officer Daniels testified that he had received no prohibitions against carrying the light, nor restrictions on its use. Daniels testified that, like other officers, he carried and used his Kel-lite for illumination. He further acknowledged that in an emergency “you would use anything within reach to protect yourself.”
II
We must be fully cognizant from the outset that the type of serious injury inflicted by a member of the Newport News police force does not by its very nature, of itself, give it constitutional stature. Nevertheless there is a distinction between conduct by state actors and private citizens. Therefore, legitimate concerns with stemming the federalization of common law tort actions must not subvert a court’s duty to safeguard legitimate constitutional rights. Clearly, Gravelle had the constitutional right to be free from unreasonable interference by police officers. Indeed, it is incontrovertible that the constitutional shield extends to one’s physical integrity. See Jenkins v. Averett, 424 F.2d 1228, 1231-32 (4th Cir.1970). Bearing this in mind, we must examine whether the district court correctly assessed the evidence to find that Chief Austin and the City were not liable for the injuries that Gravelle sustained.
In Monell v. Department of Social Services, 436 U.S. 658, 690-91, 98 S.Ct. 2018, 2035-36, 56 L.Ed.2d 611 (1978), the Supreme Court held that municipalities may be sued for damages under § 1983 when “the action that is alleged to be unconstitutional implements a policy statement, ordinance, regulation or decision officially adopted and promulgated by that body’s officers” or is “visited pursuant to governmental ‘custom’ even though such custom has not received formal approval through the body’s official decision-making channels.” In its most recent pronouncement on municipal liability under § 1983 the Court made clear that a local government is liable under § 1983 only for deprivations caused by unconstitutional official policies or customs. See Polk County v. Dodson, 454 U.S. 312, 325, 102 S.Ct. 445, 453, 70 L.Ed.2d 509 (1981). See also Beard v. Mitchell, 604 F.2d 485, 494 (7th Cir.1979) (§ 1983 liability requires “the sort of abuse of government power that is necessary to raise an ordinary tort by a government agent to the stature of a violation of the Constitution”). The Court has had no occasion to consider the circumstances under which specific instances of unconstitutional deprivations by individual municipal employees could evidence an implicit policy that could be the basis of municipal liability. [1] However, the doctrine of respon-deat superior as a basis of liability has been expressly rejected. See Polk County v. Dodson, 454 U.S. at 325, 102 S.Ct. at 453; Landrigan v. City of Warwick, 628 F.2d 736, 746-47 (1st Cir.1980).
It is true that an official policy can be inferred from a municipality’s omissions as well as from its acts. See Avery v. County of Burke, 660 F.2d 111, 114 (4th Cir.1981); Turpin v. Mailet, 619 F.2d 196,[*936] 202 (2d Cir.1980), cert. denied, 449 U.S. 1016, 101 S.Ct. 577, 66 L.Ed.2d 475 (1980); Withers v. Levine, 615 F.2d 158, 161 (4th Cir.1980), cert. denied, 449 U.S. 849, 101 S.Ct. 136, 66 L.Ed.2d 59 (1980). [2] Nevertheless, such omissions are actionable only if they constitute “tacit authorization” of or “deliberate indifference” to constitutional injuries. Avery v. County of Burke, 660 F.2d at 114.
A number of courts have interpreted Mo-nell to hold that a municipal policy of authorizing or condoning police misconduct can be inferred where the municipality has been grossly negligent in the supervision and training of its police force. See, e.g., Herrera v. Valentine, 653 F.2d 1220, 1224 (8th Cir.1981); Owens v. Haas, 601 F.2d 1242, 1246-47 (2d Cir.1979), cert. denied, 444 U.S. 980, 100 S.Ct. 483, 62 L.Ed.2d 407 (1979); Popow v. City of Margate, 476 F.Supp. 1237, 1245-46 (D.N.J.1979); Leite v. City of Providence, 463 F.Supp. 585, 590-91 (D.R.I.1978).
Generally, a failure to supervise gives rise to § 1983 liability, however, only in those situations in which there is a history of widespread abuse. Only then may knowledge be imputed to the supervisory personnel. See Bowen v. Watkins, 669 F.2d 979, 988-89 (5th Cir.1982). See also McLaughlin v. City of LaGrange, 662 F.2d 1385, 1388 (11th Cir.1981), cert. denied, 456 U.S. 979, 102 S.Ct. 2249, 72 L.Ed.2d 856 (1982). A single act or isolated incidents are normally insufficient to establish supervisory inaction upon which to predicate § 1983 liability. [3] See Berry v. McLemore, 670 F.2d 30 (5th Cir.1982); Avery v. County of Burke, 660 F.2d at 114; Orpiano v. Johnson, 632 F.2d 1096 (4th Cir.1980), cert. denied, 450 U.S. 929, 101 S.Ct. 1387, 67 L.Ed.2d 361 (1982). Cf. Owens v. Haas, 601 F.2d at 1247 (even an individual act of brutality by a county employee may be the basis for municipal liability where it arises from a municipal policy of inadequate training “so grossly negligent as to constitute ‘deliberate indifference.’ ”).
Once it has, indeed, been shown that there is a policy established and maintained by the City, the City is liable for any deprivation of constitutional right caused by conduct pursuant to that policy. The causal link may be direct, as in Monell, where the policy commands the injury of which the plaintiff complains. Or the causal link may be supplied by tort principle that holds a person liable for the natural consequences of his actions. However, the initial inquiry is the existence of the policy. That inquiry is a complex one in a case such as this where the City’s policy has not been articulated by but is alleged to be reflected in the omissions of the Chief of Police. [4]
“When an official has final authority in a matter involving the selection of goals, his choices represent policy.” Bowen v. Watkins, 669 F.2d at 989. Since Chief Austin is responsible for the choice and implementation of police department practices and procedures, his acts and omissions reflect government policy. Therefore, municipal liability attaches to acts or omissions performed pursuant to that policy. In the instant case, the alleged government policy stems from Chief Austin’s failure to prohibit the use of the Kel-lite flashlight by Newport News police officers or at least to have issued cautionary instructions regard[*937] ing the use of the Kel-lite flashlight as a weapon.
Although Chief Austin testified that he knew that the use of Kel-lite flashlights had caused serious and sometimes fatal injuries in other jurisdictions, and that members of his force sometimes used the Kel-lite flashlight as a weapon, he was not aware of any problems associated with prior use of the Kel-lite flashlight by members of the Newport News police force. He so testified, and no other evidence on the subject was adduced. Indeed, Gravelle could point to only the single incident during which the ward of the estate was injured on which to predicate the Police Chief’s supervisory and the City’s municipal liability. [5] Even in the context of a j.n.o.v. in the defendants’ favor, in which all the evidence must be viewed favorably to Gravelle, see Smitty Baker Coal Co. v. United Mine Workers, 620 F.2d 416 (4th Cir.1980), cert. denied, 449 U.S. 870, 101 S.Ct. 207, 66 L.Ed.2d 89 (1980), the record evidence did not support the jury’s verdict. [6] Therefore, the district court appropriately granted the j.n.o.v. There simply was not sufficient evidence to support a finding of City policy to allow use of a dangerous instrumentality, or any encouragement by Chief Austin of such use.
III
Gravelle also contends that a new trial should be granted as to Chief Austin and the City because of the district court’s failure to instruct the jury on gross negligence as requested by Gravelle. [7] The trial court made the following charge:
[*938] In order to recover on that claim, the plaintiff must prove by a preponderance of the evidence as to the defendant city of Newport News and George C. Austin, one, that the city and the chief failed to issue any doctrine or regulations concerning the use of a flashlight as a weapon, and failed to instruct the police force with regard thereto.
And must also prove, too, that the city knew or should have known that members of its force were carrying flashlights which were potentially dangerous if used as a weapon, and also must prove that the city knew or should have known that such potentially dangerous flashlights were being used as weapons by members of the Newport News police force.
The appellate standard of review to be applied by the court is clear: an error in jury instructions will mandate reversal of a judgment only if the error is determined to have been prejudicial, based on a review of the record as a whole. See Connors v. McNulty, 697 F.2d 18 (1st Cir.1983). Here Gravelle failed to establish a pattern of excessive use of force which would establish such a claim. Therefore, the district court did not commit reversible error by not charging the jury on a gross negligence claim. The judgment of the district court is
AFFIRMED.
. The Monell requirement that liability be grounded on official policy has been inferred from a pattern of negligence, see, e.g., Turpin v. Mailet, 619 F.2d 196 (2d Cir.1980), cert. denied, 449 U.S. 1016, 101 S.Ct. 577, 66 L.Ed.2d 475 (1980); Popow v. City of Margate, 476 F.Supp. 1237 (D.N.J.1979); Smith v. Ambrogio, 456 F.Supp. 1130 (D.Conn.1978); official knowledge, Herrera v. Valentine, 653 F.2d 1220, 1224 (8th Cir.1981); as well as from a single sufficiently brutal incident, see, e.g., Owens v. Haas, 601 F.2d 1242 (2d Cir.1979), cert. denied, 444 U.S. 980, 100 S.Ct. 483, 62 L.Ed.2d 407 (1979).
. See also Duchesne v. Sugarman, 566 F.2d 817, 832 (2d Cir.1977) (“Where conduct of the supervisory authority is directly related to the denial of a constitutional right it is not to be distinguished, as a matter of causation, upon whether it was action or inaction.”).
. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 167, 90 S.Ct. 1598, 1613, 26 L.Ed.2d 142 (1970) (custom denotes “persistent and widespread ... practices”); Knight v. Carlson, 478 F.Supp. 55, 58 (E.D.Cal.1979) (custom denotes “settled governmental practice or ‘[d]eeply embedded traditional ways of carrying out [government] policy’ ”) (quoting Nashville, Chattanooga & St. Louis Railway v. Browning, 310 U.S. 362, 369, 60 S.Ct. 968, 972, 84 L.Ed. 1254 (1940)).
. See Smith v. Ambrogio, 456 F.Supp. 1130, 1137 (S.D.N.Y.1978) (“The standard for municipal liability predicated on inaction of senior personnel must be frankly acknowledged as difficult to meet.”).
. Gravelle also contends that he should be awarded a new trial because of the district court’s refusal to allow evidence of prior police misconduct. Ostensibly, such evidence would be important to the Monell claim. However, Gravelle puts forward only one specific incident (“the Conlon incident”) for the appellate court’s attention. The trial court excluded a report of alleged police brutality involving Mark Conlon, a passenger in a car involved in a high speed chase with police. In the Conlon affair, Officer J.O. Williamson struck Conlon with a nightstick in the course of subduing and arresting the driver and removing Conlon from the car. Officer Daniels helped put handcuffs on Conlon, but it is unclear from the report whether he ever struck Conlon. The resultant investigation cleared all participating officers of any wrongdoing. Furthermore, Chief Austin did not receive a report of the Conlon incident until May 12, 1981, a month after Gravelle was injured.
Consequently, the factors substantially support the district court’s decision to exclude the evidence since the possibility of unfair prejudice clearly outweighed its probative value. With regard to that evidence, the district court did not abuse its discretion. See Daskarolis v. Firestone Tire & Rubber Co., 651 F.2d 937 (4th Cir.1981); Pierce Packing Co. v. John Morrell & Co., 633 F.2d 1362 (9th Cir.1980).
. In short, no evidence supported the existence of a policy on the part of the police chief or of the municipality to encourage, or to remain indifferent to, unwarranted injury to those engaging in altercations with the Newport News Police. The district court also found that the j.n.o.v. was appropriate because of the inconsistency of the jury’s verdict: the municipality could not be held liable unless Officer Daniels was found to have used unreasonable force in effecting the arrest of Gravelle. However, one claim is not necessarily dependent on the other.
Though Daniels was not negligent, Chief Austin and the City might nevertheless have been liable had an improper municipal policy been adopted. However, the record simply will not sustain a finding that Chief Austin had adopted such a policy. No other City official was claimed to have done so. Hence, even if the district court’s application of the principle based on the non-negligence of Daniels might have been faulty, it would correctly apply, based on the absence of fault of Chief Austin. Therefore, the end result is not affected.
. In addition, Gravelle argues that the district court erred by instructing the jury on his pendent state law claim against Officer Daniels as one of assault rather than negligence, as Gra-velle had requested. The district court appropriately characterized Officer Daniels’ action as one in assault and battery rather than in negligence. The legal character of a defendant’s actions depend upon his surroundings and his state of mind. Usually the voluntary act of striking another’s person is considered an intentional tort, in that the actor is substantially certain to cause an unpermitted contact. See Prosser, LAW OF TORTS, §§ 7-10 at 28-41.
Furthermore, Gravelle failed to produce any evidence that Gravelle acted negligently under the circumstances.
Finally, Gravelle challenges the district court’s failure to instruct the jury on what constituted unreasonable force for purposes both of the pendent state claim and the “good faith” defense under § 1983. The self-defense instruction that the district court used concern[*938] ing the reasonableness of force is consonant with Virginia law. See Parker v. McCoy, 212 Va. 808, 812, 188 S.E.2d 222, 226 (1972). Whenever a “good faith” defense is used, the amount of force which may be used in apprehending someone must be explained to the jury in terms of existing state law. See Landrum v. Moats, 576 F.2d 1320 (8th Cir.1978), cert. denied, 439 U.S. 912, 99 S.Ct. 282, 58 L.Ed.2d 258 (1978).