March 2021 - Parks & Recreation - 32

L AW R EV I EW

Failure to Train
and Supervise
Further, Defendant Town contended that Plaintiffs' " failure to train
and supervise claim must be dismissed because Plaintiffs fail to allege facts [were] sufficient to state
such a claim. " In so doing, Defendant argued Plaintiffs' complaint
lacked " any factual allegations
suggesting the Town inadequately
trained its employees, or any facts
that show a pattern of similar violations by untrained employees. " As
characterized by Defendant, " Plaintiffs rely on wholly conclusory allegations " in support of their claim.

In this particular instance, the
federal district court found that
" Plaintiffs' failure to train and
supervise claim falls far short of
meeting those requirements. "
As cited by the federal district
court, municipal liability based on
a failure to train claim under federal civil rights law (Section 1983)
would require Plaintiffs to show
the following:
[M]unicipal decisionmakers either knew or should have known
that training was inadequate but
nonetheless exhibited deliberate indifference to the unconstitutional
effects of those inadequacies.
Further, when evaluating a
municipal liability claim, the federal district court would require
" proof of deliberate indifference. "
Such proof would require Plaintiffs to " plead more than a mere
insufficiency of the municipality's
actions. " Moreover, to meet this
" deliberate indifference " standard
32	 Parks & Recreation

for municipal liability, the court
would require a training program
to be " quite deficient " :
Generally, a failure to supervise only gives rise to Section
1983 liability in those situations
where there is a history of widespread abuse, only then may
knowledge be imputed to the supervisory personnel.
In addition, the court noted:
" the fact that training is imperfect
or not in the precise form a plaintiff would prefer is insufficient to
make such a showing " of the required deliberate indifference to
establish municipal liability under
Section 1983.
In this particular instance, the
federal district court found that
" Plaintiffs' failure to train and
supervise claim falls far short of
meeting those requirements. " In
the opinion of the court, " [n]otably
lacking are any underlying factual
allegations that support Plaintiffs'
legal conclusions " :
Plaintiffs fail to provide any details regarding Defendant's training program, or how that program
might be even arguably deficient.
Nor does the complaint allege any
facts from which the court might
infer that Defendant disregarded a
known risk.
Accordingly, the federal district
court concluded, " Plaintiffs have
not stated a Section 1983 municipal
liability claim against the Town for
failure to train and supervise. " The
court, however, would allow Plaintiffs to " file a motion to amend their
complaint " to " capably assert factual allegations that would support a
cognizable Section 1983 municipal
liability claim against the Town " for
discriminating against disabled individuals in violation of the ADA.

| M A R C H 2 02 1 | PA R K S A N D R E C R E AT I O N .O R G

ADA Suspension
Claim Is Moot
The Defendant Town also had argued that Plaintiffs' ADA claims
were moot. As described by the
federal district court: " A case is
moot when the issues presented are
no longer live or the parties lack a
legally cognizable interest in the
outcome. " In other words, a case
is moot " when a court cannot give
any effectual relief to the potentially prevailing party. "
In this particular instance, Plaintiffs' " effectual relief " would have
the federal district court issue an
order " enjoining Defendant from
excluding N.P. from its programs,
services and activities on the basis
of his disability. " Moreover, Plaintiffs would have the court require
" Defendant to engage in an interactive process when a reasonable
accommodation would enable his
participation. "
In support of its argument
that Plaintiffs' ADA claims were
moot, the Town pointed out the
fact that " N.P.'s 60-day suspension was complete on October 7,
2019, " and, therefore, N.P. was
" no longer suspended from any
Town parks or programs. " Moreover, as noted by the court, " N.P.
has since turned 21, and has,
therefore, 'aged out' of eligibility
for the Town's camp programs. "
As a result, Defendant argued
Plaintiffs' ADA claims were moot
because there was " no pending
controversy. "
The federal district court agreed
that there was " no ongoing conduct to enjoin " because " N.P.'s 60day suspension is over " and N.P.
" is not currently being excluded from Defendant's programs,
services and activities. " On the



March 2021 - Parks & Recreation

Table of Contents for the Digital Edition of March 2021 - Parks & Recreation

March 2021 - Parks & Recreation - Cover1
March 2021 - Parks & Recreation - Cover2
March 2021 - Parks & Recreation - 1
March 2021 - Parks & Recreation - 2
March 2021 - Parks & Recreation - 3
March 2021 - Parks & Recreation - 4
March 2021 - Parks & Recreation - 5
March 2021 - Parks & Recreation - 6
March 2021 - Parks & Recreation - 7
March 2021 - Parks & Recreation - 8
March 2021 - Parks & Recreation - 9
March 2021 - Parks & Recreation - 10
March 2021 - Parks & Recreation - 11
March 2021 - Parks & Recreation - 12
March 2021 - Parks & Recreation - 13
March 2021 - Parks & Recreation - 14
March 2021 - Parks & Recreation - 15
March 2021 - Parks & Recreation - 16
March 2021 - Parks & Recreation - 17
March 2021 - Parks & Recreation - 18
March 2021 - Parks & Recreation - 19
March 2021 - Parks & Recreation - 20
March 2021 - Parks & Recreation - 21
March 2021 - Parks & Recreation - 22
March 2021 - Parks & Recreation - 23
March 2021 - Parks & Recreation - 24
March 2021 - Parks & Recreation - 25
March 2021 - Parks & Recreation - 26
March 2021 - Parks & Recreation - 27
March 2021 - Parks & Recreation - 28
March 2021 - Parks & Recreation - 29
March 2021 - Parks & Recreation - 30
March 2021 - Parks & Recreation - 31
March 2021 - Parks & Recreation - 32
March 2021 - Parks & Recreation - 33
March 2021 - Parks & Recreation - 34
March 2021 - Parks & Recreation - 35
March 2021 - Parks & Recreation - 36
March 2021 - Parks & Recreation - 37
March 2021 - Parks & Recreation - 38
March 2021 - Parks & Recreation - 39
March 2021 - Parks & Recreation - 40
March 2021 - Parks & Recreation - 41
March 2021 - Parks & Recreation - 42
March 2021 - Parks & Recreation - 43
March 2021 - Parks & Recreation - 44
March 2021 - Parks & Recreation - 45
March 2021 - Parks & Recreation - 46
March 2021 - Parks & Recreation - 47
March 2021 - Parks & Recreation - 48
March 2021 - Parks & Recreation - 49
March 2021 - Parks & Recreation - 50
March 2021 - Parks & Recreation - 51
March 2021 - Parks & Recreation - 52
March 2021 - Parks & Recreation - 53
March 2021 - Parks & Recreation - 54
March 2021 - Parks & Recreation - 55
March 2021 - Parks & Recreation - 56
March 2021 - Parks & Recreation - Cover3
March 2021 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com