Gina Gates v. Unified School District No. 449 Of Leavenworth County, Kansas (1993)
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No. 449 of Leavenworth County, Kan., 996 F.2d 1035, 1041 (10th Cir.1993); see also P.H. v. Sch.
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Whitesel v. Jefferson County (2000)
No. 449 of Leavenworth County, Kan., 996 F.2d 1035, 1041 (10th Cir.1993).
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Carol Trujillo v. Paul Shields, Individually, and as an Officer of the City of Pueblo Police Department, and … (1998)
Furthermore, "the existence of a pattern of tortious conduct ... may tend to show that the lack of proper training ... is the 'moving factor' behind the plaintiff's injury." Id. (emphasis added). 11 Consonant with Brown, the Tenth Circuit has created a three-part test that a plaintiff must prove in order to hold a municipality liable in a § 1983 suit: (1) "The existence of a continuing, persistent and widespread practice of unconstitutional misconduct by the [municipality's]…
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Trujillo v. Shields (1998)
Consonant with Brown, the Tenth Circuit has created a three-part test that a plaintiff must prove in order to hold a municipality liable in a § 1983 suit: (1) “The existence of a continuing, persistent and widespread practice of unconstitutional misconduct by the [municipality’s] employees”; (2) “Deliberate indifference to or tacit approval of such misconduct by the [municipality’s] policymaking officials . . . after notice to the officials of that particular misconduct”; an…
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Doe v. Benicia Unified School District (2002)
For example, in Gates, a teacher sexually assaulted a student at school, and the student brought a § 1983 claim against the school principal, among others. 996 F.2d at 1036.
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D.T., a minor, by and through his parent/guardian and next friend Elisha Thornton, et al. v. Independent Scho… (2026)
No. 449, 996 F.2d 1035, 1041 (10th Cir. 1993); see also Rost ex rel.
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Maxfield v. Bressler (2013)
See Monell, 436 U.S. at 690 , 98 S.Ct. 2018 ; Gates, 996 F.2d at 1041.
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Brown v. Whitman (2009)
The plaintiff must prove: “(1) The existence of a continuing, persistent and widespread practice of unconstitutional misconduct by the ... [municipality’s] employees; (2) Deliberate indifference to or tacit approval such misconduct by the ... [municipality’s] policymaking officials ... after notice to the officials of that particular misconduct; and (3) That the plaintiff was injured by virtue of the unconstitutional acts pursuant to the ... [municipality’s] custom and that …
No. 449 of Leavenworth County, Kansas, 996 F.2d 1035, 1041 (10th Cir.1993).
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Armstrong v. Lamy (1996)
No. 449 of Leavenworth County, Kan., 996 F.2d 1035, 1041 (10th Cir.1993).
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Stephanie Ybarra v. The Board of County Commissioners, Custer County, Tom Flower, and Kelly Camper (2026)
Here, Plaintiff must establish a custom of “failure to receive, investigate or act on” complaints of violations of employees’ First Amendment rights by showing: 1) the “existence of a continuing, persistent and widespread practice of unconstitutional misconduct by” County employees; 2) “[d]eliberate indifference to or tacit approval of such misconduct” by the Board “after notice to the officials of that particular misconduct”; and 3) that Plaintiff “was injured by virtue of …
Plaintiff fails to plausibly allege that there was a “pattern of persistent and widespread unconstitutional practices that had become so permanent and well- settled as to have the force and effect of law.” Gates, 996 F.2d at 1042.
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Steven Harris v. Purgatory Correctional Facility, Washington County Sheriff’s Office, Kyle Bigelow, Garrett M… (2025)
In most instances, notice can be established by proving 55 Brammer-Hoelter v. Twin Peaks Charter Acad., 602 F.3d 1175, 1189 (10th Cir. 2010) (internal quotation marks and citations omitted). 56 Carney v. City & Cty. of Denver, 534 F.3d 1269, 1274 (10th Cir. 2008) (quoting Gates, 996 F.2d at 1041). 57 Id. 58 Docket No. 47-1, at 5. 59 City of Canton, Ohio v. Harris, 489 U.S. 378, 388 (1989). the existence of a pattern of tortious conduct.
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Parson v. Palmer (2023)
No. 449 of Leavenworth County, Kan., 996 F.2d 1035, 1041 (10th Cir. 1993)).
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Douglass v. Garden City Community College (2023)
No. 449 of Leavenworth Cnty., Kan., 996 F.2d 1035, 1042 (10th Cir. 1993). -17- As shown below, plaintiff has established a genuine issue of material fact whether Swender, Dozier and the Trustees violated her First Amendment rights when Dozier issued and Swender and the Trustees enforced the Notice.
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Ullerich v. Jefferson County (2022)
No. 449 of Leavenworth Cnty., Kan., 996 F.2d 1035, 1041 (10th Cir. 1993).
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Torrez v. El Paso County Sheriff's Department (2021)
No. 449 of Leavenworth Cty., Kan., 996 F.2d 1035, 1041 (10th Cir. 1993).
No. 449 of Leavenworth Cty., Kan., 996 F.2d 1035, 1041 (10th Cir. 1993).
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Doe v. Town of Stoughton (2020)
No. 449 of Leavenworth Cty., Kan., 996 F.2d 1035, 1041 (10th Cir. 1993) (requiring showing that individual supervisor “received notice of a pattern of violations”); and Stoneking v. Bradford Area Sch.
requiring showing that individual supervisor “received notice of a pattern of violations”
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Wirtz v. Regalado (2020)
Gates, 996 F.2d at 1041.
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Hunter, Jeremy the Estate of v. Uintah County (2019)
No. 449, 996 F.2d 1035 , 1041 (10th Cir. 1993). 39 Brammer-Hoelter v. Twin Peaks Charter Acad., 602 F.3d 1175, 1189 (10th Cir. 2010) (quotation marks and citations omitted). 40 Carney v. City & Cty. of Denver, 534 F.3d 1269, 1274 (10th Cir. 2008) (quoting Gates, 996 F.2d at 1041). 41 Id. that they would face repercussions if they did so.42 In support of this statement, Ms. Sutton- Williams, who was no longer working at the jail at the time of Mr. Hunter’s death, testified th…
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Young v. City of Albuquerque (2014)
No. 449, 996 F.2d at 1041.
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Schultz v. Utah County (2013)
No. 449 of Leavenworth County, Kan., 996 F.2d 1035, 1041 (10th Cir.1993). .
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Moreland Properties, LLC v. City of Thornton (2008)
K.C., 511 F.3d at 1125 ; Gates, 996 F.2d at 1041.
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BT v. David (2007)
No. 449, 996 F.2d at 1043, a plaintiff must establish an affirmative link between the Defendants' conduct and the alleged constitutional violations of their subordinates by alleging the Defendants' direct participation, their exercise of control or direction, or their failure to supervise, see Serna v. Colo. Dep't of Corr., 455 F.3d at 1152.
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B.T. ex rel. G.T. v. Davis (2007)
No. 449, 996 F.2d at 1043, a plaintiff must establish an affirmative link between the Defendants’ conduct and the alleged constitutional violations of their subordinates by alleging the Defendants’ direct participation, their exercise of control or direction, or their failure to supervise, see Serna v. Colo. Dep’t of Corr., 455 F.3d at 1152.
No. 449 of Leavenworth Cty., Kan. 996 F.2d 1035, 1041 (10th Cir.1993); Stewart v. Bd. of Comm’rs for Shawnee County, Kan., 320 F.Supp.2d 1143, 1151 (D.Kan.2004). 42 .
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Stewart v. BOARD OF COM'RS FOR SHAWNEE COUNTY (2004)
No. 449 of Leavenworth County, Kan., 996 F.2d 1035, 1041 (10th Cir.1993); Henderson v. Montgomery County, Kansas, Bd. of County Com’rs, 213 F.Supp.2d 1262 1276 (D.Kan.2002). 23 .
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Jonielunas v. City of Worcester Police Department (2004)
No. 449 of Leavenworth, Kan., 996 F.2d 1035, 1041 (10th Cir.1993). *178 With respect to the first element, the law is well-settled that “a single incident” of misconduct, without more, “cannot provide the basis for municipal liability under § 1983.” Bordanaro v. McLeod, 871 F.2d 1151 , 1161 n. 8 (1st Cir.1989).
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Kulikowski v. BOARD OF COUNTY COM'RS OF COUNTY (2002)
Gates, 996 F.2d at 1041.
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Anaya v. Crossroads Managed Care Systems, Inc. (1997)
The City may only be liable under § 1983 if the City's official policy-was the "moving force” behind a constitutional violation, citing Gates v. Unified School District, 996 F.2d at 1041. 3 .
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Powell v. City and County of Denver, Colo. (1997)
No. 449, 996 F.2d at 1041.
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R.L.R. v. Prague Public School District I-103 (1993)
Id. at 1041.
See id.
See Gates v. Unified School District No. 449, 996 F.2d 1035 , 1043 (10th Cir.1993).