Tuttle v. City Of Oklahoma City (1984)

It distinguished cases indicating that proof of more than a single incident is required, and decided that where, as here, the act "was so plainly and grossly negligent that it spoke out very positively on the issue of lack of training . . . ," the "single incident rule is not to be considered as an absolute . . . ." Id., at 461.

The district court properly found that she had failed to produce sufficient evidence to substantiate those claims 8 See Williams v. City of Valdosta, 689 F.2d 964 (11th Cir.1982); Hearn v. City of Gainesville, 688 F.2d 1328 (11th Cir.1982) (cited in Gilmere v. City of Atlanta, 737 F.2d 894, 904 (11th Cir.1984)) 9 See, e.g., Tuttle v. City of Oklahoma City, 728 F.2d 456, 459 (10th Cir.1984) (adopting gross negligence standard), rev'd on other grounds, --- U.S. ----, 105 S.Ct.…

Tuttle v. City of Oklahoma City, 728 F.2d 456, 460 (10th Cir.1984); Avery v. County of Burke, 660 F.2d 111, 114 (4th Cir.1981); Turpin v. Mailet, 619 F.2d at 201 ; 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); Leite v. City of Providence, 463 F.Supp. 585, 590-91 (D.R.I.1978).

Tuttle v. City of Oklahoma City, 728 F.2d 456, 461 (10th Cir. 1984). 30 The Tuttle Court reversed. 471 U.S. at 814 , 105 S. Ct. at 2431 .

For example, in Tuttle v. City of Oklahoma City, 728 F.2d 456 at 458 (10th Cir.1984), the widow of a man who a police officer had “fatally shot ... without the least justifiable provocation,” Id. at 459 , sued the policeman and the City under § 1983.

See Tuttle v. City of Oklahoma City, 728 F.2d 456, 459 (10th Cir.1984), rev'd on other grounds, 471 U.S. 808 , 105 S.Ct. 2427 , 85 L.Ed.2d 791 (1985). 31 Beech's justification for the contributory negligence instruction also seems based on the ownership factor, as well as the theory that Mr. Krueger's alleged negligence could be imputed to Mrs. Krueger, thereby allowing the question to go to the jury that if it found Mr. Krueger negligent, then Mrs. Krueger would be deemed t…

See Tuttle v. City of Oklahoma City, 728 F.2d 456, 459 (10th Cir.1984), rev’d on other grounds, 471 U.S. 808 , 105 S.Ct. 2427 , 85 L.Ed.2d 791 (1985).

See the Court of Appeals decision reported as Tuttle v. Oklahoma City, 728 F.2d 456 , 458 (10th Cir.1984).) This suggests that if the district court had given the "reasonably necessary" charge requested by Ms. Blaska in the case at bar, the court ought also to have given an appropriate qualified immunity charge.

See Tuttle, 728 F.2d at 456.

See Tuttle, 728 F.2d at 456.

See, e.g., Tuttle v. City of Oklahoma City, 728 F.2d 456, 459 (10th Cir.1984) (adopting gross negligence standard), rev’d on other grounds, — U.S. —, 105 S.Ct. 2427 , 85 L.Ed.2d 791 (1985) (the use of a gross negligence standard not addressed by a majority of the Court, see, e.g., — U.S. at — n. 7, 105 S.Ct. at 2436 n. 7 (plurality opinion)); 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).

See Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982); see also, e.g., Tuttle v. City of Oklahoma City, 728 F.2d 456, 458 , Nos. 82-2165, 82-2175, slip op. at 2-3 (10th Cir.1984) 6 Relying on the analysis in Parratt v. Taylor, 451 U.S. 527, 543-44 , 101 S.Ct. 1908, 1916-17 , 68 L.Ed.2d 420 (1981), defendants also argue that the state provides adequate tort remedies for plaintiff's claims and that plaintiff therefore is furnished all the process he i…

See Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982); see also, e.g., Tuttle v. City of Oklahoma City, 728 F.2d 456, 458 , Nos. 82-2165, 82-2175, slip op. at 2-3 (10th Cir.1984). .

See, e.g., Tuttle v. Oklahoma City, 728 F.2d 456 , 460 (10th Cir.1984) (municipality could be held liable where inadequate training, supervision, and disciplining of police officers amounted to gross negligence and deliberate indifference to the constitutional rights of the decedent), rev’d on other grounds, 471 U.S. 808 , 105 S.Ct. 2427 , 85 L.Ed.2d 791 (1985); Owens v. Haas, 601 F.2d 1242, 1246 (2d Cir.), (county could be held liable if the failure to supervise or the lack…