Peterson v. City of Forth Worth: The Fifth Circuit Demands More Than the Demanding Standard of Monell to Establish Municipal Liability under § 1983

Ultimately, the United States District Court for the Northern District of Texas concluded that while Peterson made a colorable claim for the excessive use of force against the individual officers, he failed to meet the rigorous standard necessary to impose municipal liability, and the court consequently dismissed his complaint under summary judgment. Affirming this decision, the United States Court of Appeals for the Fifth Circuit held that twenty-seven claims of excessive force did not amount to an official city policy permissive of excessive force and, thus, the city could not be liable. Peterson v. City of Fort Worth, 588 F.3d 838, 852 (5th Cir. 2009), cert. denied, 79 U.S.L.W. 3195 (U.S. Oct. 4, 2010) (No. 09-983).