HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES
v.
AMERICAN HOSPITAL ASSN. ET AL.

U.S. | 1985-06-17
No. 84-1529
472 U.S. 1016 Supreme Court of the United States (1985) Positive Treatment
Cited by 5 cases

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  • Bordanaro v. McLEOD, 871 F.2d 1151 (1st Cir. 1989)
    …s] should have known of them.” Spell v. McDaniel, 824 F. 2d at 1387; see Voutour, 761 F. 2d at 820; Webster v. City of Houston, 735 F. 2d 838, 842 (5th Cir.1984) (en banc); Bennett v. City of Slidell, 728 F. 2d 762, 768 (5th Cir.1984), cert. denied, 472 U.S. 1016, 105 S.Ct. 3476, 87 L.Ed.2d 612 (1985). The evidence is sufficient to prove that the Chief should have known of the unconstitutional arrest practice. The Chiefs own testimony and that of others was that he oversaw the operations of the department a…
  • Thompkins v. Belt, 828 F.2d 298 (5th Cir. 1987)
    …aladministration’ of the laws” in a discriminatory manner, Bennett v. City of Slidell, 728 F. 2d 762, 768 (5th Cir.1984) (en banc) (quoting Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 1613 & n. 39, 26 L.Ed.2d 142 (1970)), cert. denied, 472 U.S. 1016, 105 S.Ct. 3476, 87 L.Ed.2d 612 (1985), or when "supervisors ... breach duties imposed by local laws,” O’Quinn, 773 F. 2d at 608 (citing cases). Under Louisiana law, "[t]he administration of the [parish] jails is the province of the sheriff’ who “‘…
  • Palmer v. City OF SAN Antonio, 810 F.2d 514 (5th Cir. 1987)
    …v. City of Borger, Texas, 767 F. 2d 161, 169 (5th Cir.1985). Similarly, an isolated incident is not sufficient to show that a custom exists. As we stated in Bennett v. City of Slidell, 728 F. 2d 762, 768 n. 3 (5th Cir.1984) (en banc), cert. denied, 472 U.S. 1016, 105 S.Ct. 3476, 87 L.Ed.2d 612 (1985): “Isolated violations are not the persistent, often repeated, constant violations that constitute custom and policy.” The Supreme Court has elaborated on the causal requirement by holding that the connection mu…

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