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Lance v. Morris, 985 F.3d 787 (10th Cir. Jan. 19, 2021)

Jan 19, 2021

In this appeal from summary judgment in favor of county official defendants, the Tenth Circuit adopted the Second Circuit’s three-part test for determining whether a purported failure to train for a given situation shows deliberate indifference by policymakers in the context of 42 U.S.C. § 1983 claims.  The test asks (1) whether policymakers know “to a moral certainty that . . . employees will confront a given situation;” (2) whether the situation presents “a difficult choice of the sort that training or supervision will make less difficult;” and (3) whether a “wrong choice” by an employee “will frequently cause the deprivation of a citizen’s constitutional rights.”