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09-571 CONNICK V. THOMPSON DECISION BELOW: 578 F.3d 293 LOWER COURT CASE NUMBER: 07-30443 QUESTION PRESENTED:

Prosecutors in the Orleans Parish District Attorney's Office hid exculpatory evidence, violating John Thompson's rights under Brady v. Maryland, 373 U.S. 83 (1963). Despite no history of similar violations, the office was found liable under § 1983 for failing to train prosecutors. Inadequate training may give rise to municipal liability if it shows "deliberate indifference" and actually causes a violation. See City of Canton v. Harris, 489 U.S. 658, 389-91 (1978); Bd. of County Comm'rs of Bryan County v. Brown, 520 U.S. 397, 403-07 (1997). A pattern of violations is usually necessary to show culpability and causation, but in rare cases one violation may suffice. Bryan County, 520 U.S., at 409. The Court has hypothesized only one example justifying single-incident liability: a failure to train police officers on using deadly force. See Canton, 489 U.S., at 390 n.10. 1. Does imposing failure-to-train liability on a district attorney's office for a single Brady violation contravene the rigorous culpability and causation standards of Canton and Bryan County? 2. Does imposing failure-to-train liability on a district attorney's office for a single Brady violation undermine prosecutors' absolute immunity recognized in Van de Kamp v. Goldstein, 129 S. Ct. 855 (2009)?

LIMITED TO QUESTION 1 PRESENTED BY THE PETITION CERT. GRANTED 3/22/2010

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