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Kuchcinski v. Box Elder County, 2019 UT 21 (June 3, 2019)

Jun 3, 2019

Following dismissal of Section 1983 claims in federal court, a state court dismissed claims against a county and county sheriff’s office alleging violation of right to bail and due process based upon failing to show a flagrant violation or to identify a specific employee that violated his rights.  In reversing and remanding the due process claim, the Supreme Court held that a plaintiff need not identify a specific employee in order to demonstrate a flagrant violation of his or her constitutional rights.  A plaintiff need only “plead and prove against the municipality that municipal actors committed a flagrant violation against the plaintiff and that the violation resulted from a policy or custom of the municipality.”