Opinion · Supreme Court of the United States

Kim v. Taylor

459 U.S. 833

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1982-10-04
Topic
general

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.

Citator

Cited by
60 opinions

Ct. App. Cal., 4th App. Dist. Certiorari denied.