Second Circuit -- Cash v. Cnty. of Erie

Cash v. Cnty. of Erie

In a S1983 action at summary judgment stage, where there have been relevant past disciplinary issues that have not risen to the level of assault, a prison administration's continued policy of allowing one-on-one contact with prisoners can represent sufficient indifference to an affirmative duty to protect.


Not preserving objection to special verdict form prior to beginning of deliberation forfeits the appeal.


No error in special verdict form conflating policy and causation where the two are distinguished in the jury instructions.


"Moving force" for Monell liability is fairly described as "proximate cause."


Not preserving an inconsistency objection prior to discharge of jury forfeits the appeal.


Even where form is labeled "special verdict form," appeals court can interpret as general verdict form with specific interrogatories.


Where instruction specifically says that negligence is a lesser standard than deliberate indifference, no Seventh Amendment violation in special verdict finding deliberate indifference but not negligence.


Dissent: Unfairly creates strict liability standard for municipalities with respect to an ever-present danger.