…legal explanation for this …legal explanation for this is that there is no respondeat superior liability under § 1983. Instead, municipalities (in contrast to state entities) can be held liable under § 1983 only for their unconstitutional policies or customs (or inadequate training or hiring practices, etc.). So, it’s possible for plaintiffs like the family of Botham Jean to sue defendants like the city of …
Herbert Dyer, Jr. You may want to consider if the Dallas police department is self insured like LAPD or NYPD or if it has coverage under another liability policy. Police Professional Liability Insurance coverage can tell you a lot about how a department operates. Has the premiums for the department gone up in recent years? If so why? Perhaps its because the insurer has identified that the customs of the police are more likely to trigger future liability resulting in a higher likelihood of future potential claims. This data could help the Jean family make their case.
Having this insurance data is CRITICAL to creating a case for unconstitutional policies and customs. Unfortunately unless you are this person then you don’t have access to that data:
Senior Risk Analyst — Liability Claim Adjuster for Dallas Police Department
Were you aware that insurers can shut a police department down? Here’s some food for thought: