5th Cir. Pattern Jury Instr. (Civil) 10.4

96

4. Defendant [name of supervisor] [adopted the

policy/failed to adopt the policy] with deliberate

indifference.

3

For an [officer/official] to act with deliberate indifference, [he/she] must be: (1) aware of facts from which

the inference could be drawn that a substantial risk of

serious harm or a violation of constitutional rights exists; and (2) must actually draw that inference. Deliberate indifference requires a showing of more than

negligence or even gross negligence.

4

Accordingly, for a

supervisor to act with deliberate indifference, [he/she]

must usually know about a pattern of similar

violations.

5

To show deliberate indifference based on a

single incident, it must have been apparent or obvious

that a constitutional violation was the highly predictable consequence of the particular policy.

6

[To satisfy the deliberate indifference prong of a

failure-to-train claim, Plaintiff [name] must prove that

Defendant [name of supervisor] knew or should have

known that a particular omission in the training

program would cause employees to violate the constitutional rights of members of the public they encounter,

but Defendant [name of supervisor] nevertheless chose

to retain that program. To prove deliberate indifference

in this way, Plaintiff [name] must show a pattern of

similar constitutional violations by improperly trained

employees. A single incident is generally insufficient to

show deliberate indifference unless the actor was

provided no training whatsoever.

7

]

3Porter v. Epps , 659 F .3d 440, 446 (5th Cir. 2011).

4Estate of Davis ex rel. McCully v. City of North Richland Hills , 406

F .3d 375, 381–82 (5th Cir. 2005).

5Romero v. Brown , 937 F .3d 514, 523 (5th Cir. 2019).

6Alvarez v. City of Brownsville , 904 F .3d 382, 391 (5th Cir. 2018).

7Pena v. City of Rio Grande City , 879 F .3d 613, 624 (5th Cir. 2018).

10.4CIVIL RIGHTS — 42 U.S.C. § 1983

97