MCOLES State Licensing Practice Exam

What must reflect a deliberate choice by the municipality as noted in Canton v. Harris?

1. The decision to arrest suspects

2. The failure to train officers

3. The authority to stop vehicles

4. The ability to pursue fleeing felons

The correct answer is: The failure to train officers

In the context of Canton v. Harris, the key issue revolves around municipal liability under Section 1983. The Supreme Court ruled that in order for a municipality to be liable for the actions of its employees under the theory of failure to train, it must be shown that the municipality acted with a degree of culpability that reflects a deliberate choice. Specifically, the failure to train officers must demonstrate that the municipality was aware of a need for training yet chose not to provide it. This indicates a conscious decision not to address a serious gap in training that could lead to constitutional violations. Hence, the failure to train officers signifies a deliberate indifference to the rights of individuals, which is essential for establishing municipal liability. In contrast, the other choices, such as the decision to arrest suspects or the authority to stop vehicles, do not inherently reflect a deliberately chosen policy or action that indicates a failure to meet constitutional standards. These are more operational decisions that do not carry the same legal implications regarding municipal liability. The ability to pursue fleeing felons also falls under operational protocols that may vary based on circumstance, but it does not reflect the same level of deliberate choice as a failure to implement training protocols.