Canady v. Unified Government , 68 F. App'x 165 ( 2003 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JUN 18 2003
TENTH CIRCUIT
PATRICK FISHER
Clerk
BRYON KARL CANADY,
Plaintiff-Appellant, No. 02-3422
v. (D.C. No. 02-CV-2264-KHV)
UNIFIED GOVERNMENT OF (D. Kansas)
WYANDOTTE COUNTY/KANSAS
CITY, KANSAS,
Defendant-Appellee.
ORDER AND JUDGMENT *
Before TACHA, Chief Judge, McKAY and McCONNELL, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
This is a pro se appeal of an action pursuant to 42 U.S.C. § 1983.
Appellant alleged an assault by three officers of the Kansas City, Kansas, Police
Department. He alleged continuing medical problems as a result of the assault,
This order and judgment is not binding precedent, except under the
*
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
and sought $500,000 in actual and $500,000 in punitive damages. The district
court dismissed the action for failure to state a claim and Appellant appealed.
The district court explained that Defendant could not be liable for the acts
of its employees and agents under § 1983 on a theory of vicarious liability or
respondeat superior. The court explained that the municipality could only be held
liable if an official custom or policy caused a violation of Appellant’s
constitutional rights. Concluding that the complaint did not suggest any link
between a violation of Mr. Canady’s constitutional rights and a policy or custom
of the municipality, the court sustained Defendant’s motion to dismiss.
We have reviewed the record and the briefs, and we agree with the district
court that Appellant did not allege that the officers were acting pursuant to any
official policy or custom of the municipality. In his brief on appeal, Mr. Canady
claims that he is alleging liability based on the municipality’s failure to
adequately train or supervise the officers. It does not appear that Appellant raised
this argument in the district court. We do not typically consider arguments raised
for the first time on appeal, except in very limited circumstances. See Crow v.
Shalala, 40 F.3d 323, 324 (10th Cir. 1994) ("Absent compelling reasons, we do
not consider arguments that were not presented to the district court.").
In any case, Mr. Canady’s conclusory allegations of inadequate training and
supervision are insufficient to survive summary judgment. As we have stated
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before, in order to state a claim for liability of a municipality based on inadequate
training, a plaintiff must establish that
(1) the officers exceeded constitutional limitations on the use of
force; (2) the use of force arose under circumstances that constitute a
usual and recurring situation with which police officers must deal;
(3) the inadequate training demonstrates a deliberate indifference on
the part of the city toward persons with whom the police officers
come into contact, and (4) there is a direct causal link between the
constitutional deprivation and the inadequate training.
Brown v. Gray, 227 F.3d 1278, 1286 (10th Cir. 2000); see also Allen v.
Muskogee, Okla., 119 F.3d 837, 841-42 (10th Cir. 1997). Appellant has done
nothing more than make a conclusory allegation that “these officers did not have
the proper training or supervision, if they did they would have acted in Gross
negligence.” Aplt. Br. at 4. Because Appellant has failed to allege facts that the
Unified Government of Wyandotte County acted with deliberate indifference and
that the officers’ actions were directly caused by an inadequacy in training or
supervision by the municipality, we affirm the district court’s order dismissing
this action.
AFFIRMED.
Entered for the Court
Monroe G. McKay
Circuit Judge
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