(DOWNLOAD) "Berry V. City Of Detroit" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Berry V. City Of Detroit
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 17, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
RALPH B. GUY, JR., Circuit Judge. A jury awarded Doris Berry (plaintiff), six million dollars for the death of her son, Lee Berry, Jr., who was shot by a Detroit police officer. On appeal, the City of Detroit (City) raises three arguments. First, the City asserts that plaintiff failed to offer any evidence that the City's policymakers had adopted a policy or ratified a custom of unconstitutional use of deadly force. Second, the City argues that plaintiff's evidence of the City's alleged failure to train and discipline its officers failed to show any custom or policy of the City that amounted to deliberate indifference to the rights of citizens or, alternatively, that there was no evidence that any alleged failure on the City's part was a proximate cause of Lee Berry's death. Finally, the City takes issue with the jury instructions. We conclude that plaintiff's evidence was insufficient to prove deliberate indifference on the part of the City such as to give rise to municipal liability under 42 U.S.C. § 1983. Therefore, we reverse the judgment against the City.