Board of Cnty. Commrs v. Brown

In Board of Cnty. Commrs v. Brown, 520 U.S. 397 (1997), Sheriff Moore of Bryan County, Oklahoma, hired Stacy Burns, the son of his nephew, as a reserve deputy. Id. at 401. Burns had a record of driving infractions and had pleaded guilty to various driving-related and other misdemeanors, including assault and battery, resisting arrest, and public drunkenness. Id. The plaintiffs alleged that Burnss actions during a traffic stop caused them injury; they sued the County under the same theory as this case, namely, improper hiring and failure to train. Id. at 399-400. The Court held that even if Sheriff Moores assessment of Burnss background was inadequate and . . . . Sheriff Moores own testimony indicated that he did not inquire into Burnss background, . . . . this showing of an instance of inadequate screening is not enough to establish deliberate indifference. Id. at 411. The Court further noted that deliberate indifference is only met where the plainly obvious consequence of hiring would be the violation of a persons constitutional rights. Id.