Legal Opinion

Cash v. County of Erie

Court of Appeals for the Second Circuit

Decided August 18, 2011No. Docket 09-4371-cv (L), 09-4707-cv (XAP)PublishedCited by 722 opinions

1Opinion of the Court

REENA RAGGI, Circuit Judge:

It is undisputed that while held in pretrial confinement at the Erie County Holding Center (“ECHC”), plaintiff Vikki Cash was sexually assaulted by a male sheriffs deputy, Marchon Hamilton. At issue on this appeal is whether Cash adduced sufficient evidence of municipal liability for this violation of due process to support a jury verdict returned in her favor against Erie County and its then-policymaker, former County Sheriff Patrick Gallivan, in the amount of $500,000. See 42 U.S.C. § 1983.1 Arguing that she did carry this evidentiary burden, Cash appeals from a…

2Cases cited44 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Farmer v. BrennanSupreme Court of the United States · 1994
  3. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  4. City of Canton v. HarrisSupreme Court of the United States · 1989
  5. Board of the County Commissioners of Bryan County v. BrownSupreme Court of the United States · 1997

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3Cited by722 opinions

  1. Jones v. Town of East HavenCourt of Appeals for the First Circuit · 2012
  2. Hu v. City of New YorkCourt of Appeals for the Second Circuit · 2019
  3. Cox v. GlanzCourt of Appeals for the Tenth Circuit · 2015
  4. In re Vivendi, S.A. Secs. Litig.Court of Appeals for the Second Circuit · 2016
  5. Lucente v. County of SuffolkCourt of Appeals for the Second Circuit · 2020

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