Kim v. Taylor

How later courts describe this case

• training that is so reckless or grossly negligent that future police misconduct is almost inevitable or is substantially certain to result may give rise to municipal liability
• "simple negligence is insufficient to support liability [under section 1983] of high police officials and municipalities for inadequate training, supervision, and control of individual offi-cers____"
• “ ‘Where ... the damages include loss of profits which would have been earned after the wrong, interest from [the breach date] would be a penalty rather than compensation.’ ”
• “Strict construction is particularly appropriate where, as here, the statute in question is in derogation of common law rights.”
• the plain terms of the PMPA do not provide protection to a non-franchisee and “the legislative history of the act expresses no congressional intent to go beyond these plain terms.”
• Conservation Commission, charged by the legislature with public duty of monitoring natural resources, has technical expertise available to make the necessary findings to support the use of a reservoir for storage.