John Languirand, Cross-Appellant v. John Hayden, an Individual, City of Pass Christian, Etc., Cross-Appellee

GARWOOD, Circuit Judge:

In this case we venture into the labyrinth of municipal liability under 42 U.S.C.A. § 1983.1 Conscious of the grievous injury suffered by the plaintiff-appellee, we nevertheless reverse because the evidence fails to establish such a custom or policy of the City defendant as required for municipal liability under section 1983.

THE INCIDENT

On the evening of December 2, 1974, plaintiff John Languirand and his friends, Kim Merritt and Rickey Foley, drove from Bay St. Louis to Pass Christian, Mississippi. They were just “driving around.” They stopped at a convenience store to…