Bohanon v. City of Indianapolis

Dist. Ct. did not err in granting defendant-City’s motion to vacate $1.24 million jury’s verdict in favor of plaintiff in his section 1983 action alleging that defendant was deliberately indifferent to risk that two of its off-duty police officers would violate defendant’s policy by using excessive force when confronting plaintiff at local tavern. In order to prevail against defendant in instant Monell action, plaintiff must show that municipal policy or custom caused plaintiff’s injuries, and plaintiff did not establish causation element, where: (1) defendant had policy that prohibited said officers from performing law enforcement function while having alcohol in their blood; (2) police officers, who physically assaulted plaintiff while drinking at tavern, actually violated defendant’s policy, where confrontation with plaintiff was not result of any emergency situation; and (3) defendant’s policy was not moving force of officers’ assault on plaintiff. Moreover, instant causation requirement supports notion that municipalities cannot be held vicariously liable under section 1983 for constitutional torts committed by their employees.