Opinion
CONNICK, DISTRICT ATTORNEY, et al. v. THOMPSON
No. 09-571.
Argued October 6, 2010 â
Decided March 29, 2011
Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Auto, JJ., joined. Scaua, J., filed a concurring opinion, in which Auto, J., joined, post, p. 72. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined, post, p. 79.
Stuart Kyle Duncan, Appellate Chief, Louisiana Attorney General's Office, argued the cause for petitioners. With him on the briefs were James D. âBuddyâ Caldwell, Attorney General, Ross W. Bergethon and Robert Abendroth, Assistant Attorneys General, Graymond F. Martin, and Donna R. Andrieu.
J. Gordon Cooney, Jr., argued the cause for respondent. With him on the brief were Michael L. Banks, R. Ted Cruz, and Ally son N. Ho.
Briefs of amici curiae urging reversal were filed for the National District Attorneys Association et al. by Edward C. Dawson and Richard B. Farrer; for the National League of Cities et al. by Richard Ruda, Stephen B. Kinnaird, Alexander M. R. Lyon, and Stephanos Bibas; and for the Orleans Parish Assistant District Attorneys by Valentin M. Solino.
Briefs of amici curiae urging affirmance were filed for the Center on the Administration of Criminal Law, New York University School of Law, et al. by Martin J. Siegel, Anthony S. Barkow, and David B. Edwards; for Former Federal Civil Rights Officials et al. by Paul D. Clement, Jeffrey S. Bucholtz, Adam Conrad, Kelly Shackelford, Hiram S. Sasser III, and Pamela S. Karlan; for the Innocence Network by Peter D. Isakoff Keith A. Findley, Peter J. Neufeld, and Barry Scheck; and for the National Association of Criminal Defense Lawyers by Joel B. Rudin and Joshua L. Dratel.
Briefs of amici curiae were filed for the Alliance Defense Fund et al. by Glen Lavy, Thomas Marcelle, and Ilya Shapiro; for the American Civil Liberties Union et al. by Lisa S. Blatt, John A. Freedman, Joshua P Wilson, Steven R. Shapiro, and Mary Bauer; and for the District Attorneys Association of the State of New York by Anthony J. Servino and Steven A. Bender.
[MAJORITY â Justice Thomas]
Justice Thomas
delivered the opinion of the Court.
The Orleans Parish District Attorneyâs Office now concedes that, in prosecuting respondent John Thompson for attempted armed robbery, prosecutors failed to disclose evidence that should have been turned over to the defense under Brady v. Maryland, 373 U. S. 83 (1963). Thompson was convicted. Because of that conviction Thompson elected not to testify in his own defense in his later trial for murder, and he was again convicted. Thompson spent 18 years in prison, including 14 years on death row. One month before Thompsonâs scheduled execution, his investigator discovered the undisclosed evidence from his armed robbery trial. The reviewing court determined that the evidence was exculpatory, and both of Thompsonâs convictions were vacated.
After his release from prison, Thompson sued petitioner Harry Connick, in his official capacity as the Orleans Parish district attorney, for damages under Rev. Stat. §1979, 42 U. S. C. § 1983. Thompson alleged that Connick had failed to train his prosecutors adequately about their duty to produce exculpatory evidence and that the lack of training had caused the nondisclosure in Thompsonâs robbery case. The jury awarded Thompson $14 million, and the Court of Appeals for the Fifth Circuit affirmed by an evenly divided en banc court. We granted certiorari to decide whether a district attorneyâs office may be held liable under § 1983 for failure to train based on a single Brady violation. We hold that it cannot.
I
A
In early 1985, John Thompson was charged with the murder of Raymond T. Liuzza, Jr., in New Orleans. Publicity following the murder charge led the victims of an unrelated armed robbery to identify Thompson as their attacker. The district attorney charged Thompson with attempted armed robbery.
As part of the robbery investigation, a crime scene technician took from one of the victimsâ pants a swatch of fabric stained with the robberâs blood. Approximately one week before Thompsonâs armed robbery trial, the swatch was sent to the crime laboratory. Two days before the trial, Assistant District Attorney Bruce Whittaker received the crime labâs report, which stated that the perpetrator had blood type B. There is no evidence that the prosecutors ever had Thompsonâs blood tested or that they knew what his blood type was. Whittaker claimed he placed the report on Assistant District Attorney James Williamsâ desk, but Williams denied seeing it. The report was never disclosed to Thompsonâs counsel.
Williams tried the armed robbery case with Assistant District Attorney Gerry Deegan. On the first day of trial, Deegan checked all of the physical evidence in the case out of the police property room, including the bloodstained swatch. Deegan then checked all of the evidence but the swatch into the courthouse property room. The prosecutors did not mention the swatch or the crime lab report at trial, and the jury convicted Thompson of attempted armed robbery.
A few weeks later, Williams and Special Prosecutor Eric Dubelier tried Thompson for the Liuzza murder. Because of the armed robbery conviction, Thompson chose not to testify in his own defense. He was convicted and sentenced to death. State v. Thompson, 516 So. 2d 349 (La. 1987). In the 14 years following Thompsonâs murder conviction, state and federal courts reviewed and denied his challenges to the conviction and sentence. See State ex rel. Thompson v. Cain, 95-2463 (La. 4/25/96), 672 So. 2d 906; Thompson v. Cain, 161 P. 3d 802 (CA5 1998). The State scheduled Thompsonâs execution for May 20, 1999.
In late April 1999, Thompsonâs private investigator discovered the crime lab report from the armed robbery investigation in the files of the New Orleans Police Crime Laboratory. Thompson was tested and found to have blood type 0, proving that the blood on the swatch was not his. Thompson's attorneys presented this evidence to the district attorneyâs office, which, in turn, moved to stay the execution and vacate Thompsonâs armed robbery conviction. The Louisiana Court of Appeal then reversed Thompsonâs murder conviction, concluding that the armed robbery conviction unconstitutionally deprived Thompson of his right to testify in his own defense at the murder trial. State v. Thompson, 2002-0361 (La. App. 7/17/02), 825 So. 2d 552. In 2003, the district attorneyâs office retried Thompson for Liuzzaâs murder. The jury found him not guilty.
B
Thompson then brought this action against the district attorneyâs office, Connick, Williams, and others, alleging that their conduct caused him to be wrongfully convicted, incarcerated for 18 years, and nearly executed. The only claim that proceeded to trial was Thompsonâs claim under § 1983 that the district attorneyâs office had violated Brady by failing to disclose the crime lab report in his armed robbery trial. See Brady, 373 U. S. 83. Thompson alleged liability under two theories: (1) The Brady violation was caused by an unconstitutional policy of the district attorneyâs office; and (2) the violation was caused by Connickâs deliberate indifference to an obvious need to train the prosecutors in his office in order to avoid such constitutional violations.
Before trial, Conniek conceded that the failure to produce the crime lab report constituted a Brady violation. See Record EX608, EX880. Accordingly, the District Court instructed the jury that the âonly issueâ was whether the nondisclosure was caused by either a policy, practice, or custom of the district attorneyâs office or a deliberately indifferent failure to train the officeâs prosecutors. Id., at 1615.
Although no prosecutor remembered any specific training session regarding Brady prior to 1985, it was undisputed at trial that the prosecutors were familiar with the general Brady requirement that the State disclose to the defense evidence in its possession that is favorable to the accused. Prosecutors testified that office policy was to turn crime lab reports and other scientific evidence over to the defense. They also testified that, after the discovery of the undisclosed crime lab report in 1999, prosecutors disagreed about whether it had to be disclosed under Brady absent knowledge of Thompsonâs blood type.
The jury rejected Thompsonâs claim that an unconstitutional office policy caused the Brady violation, but found the district attorneyâs office liable for failing to train the prosecutors. The jury awarded Thompson $14 million in damages, and the District Court added more than $1 million in attorneyâs fees and costs.
After the verdict, Conniek renewed his objection â which he had raised on summary judgment â that he could not have been deliberately indifferent to an obvious need for more or different Brady training because there was no evidence that he was aware of a pattern of similar Brady violations. The District Court rejected this argument for the reasons that it had given in the summary judgment order. In that order, the court had concluded that a pattern of violations is not necessary to prove deliberate indifference when the need for training is âso obvious.â No. Civ. A. 03-2045 (ED La., Nov. 15, 2005), App. to Pet. for Cert. 141a, 2005 WL 3541035, *13. Relying on Canton v. Harris, 489 U. S. 378 (1989), the court had held that Thompson could demonstrate deliberate indifference by proving that âthe DAâs office knew to a moral certainty that assistant) [district attorneys] would acquire Brady material, that without training it is not always obvious what Brady requires, and that withholding Brady material will virtually always lead to a substantial violation of constitutional rights.â App. to Pet. for Cert. 141a, 2005 WL 3541035, *13.
A panel of the Court of Appeals for the Fifth Circuit affirmed. The panel acknowledged that Thompson did not present evidence of a pattern of similar Brady violations, 553 F. 3d 836, 851 (2008), but held that Thompson did not need to prove a pattern, id., at 854. According to the panel, Thompson demonstrated that Connick was on notice of an obvious need for Brady training by presenting evidence âthat attorneys, often fresh out of law school, would undoubtedly be required to confront Brady issues while at the DAâs Office, that erroneous decisions regarding Brady evidence would result in serious constitutional violations, that resolution of Brady issues was often unclear, and that training in Brady would have been helpful.â 553 F. 3d, at 854.
The Court of Appeals sitting en banc vacated the panel opinion, granted rehearing, and divided evenly, thereby affirming the District Court. 578 F. 3d 293 (CA5 2009) (per curiam). In four opinions, the divided en banc court disputed whether Thompson could establish municipal liability for failure to train the prosecutors based on the single Brady violation without proving a prior pattern of similar violations, and, if so, what evidence would make that showing. We granted certiorari. 559 U. S. 1004 (2010).
II
The Brady violation conceded in this ease occurred when one or more of the four prosecutors involved with Thompsonâs armed robbery prosecution failed to disclose the crime lab report to Thompsonâs counsel. Under Thompsonâs failure-to-train theory, he bore the burden of proving both (1) that Connick, the policymaker for the district attorneyâs office, was deliberately indifferent to the need to train the prosecutors about their Brady disclosure obligation with respect to evidence of this type and (2) that the lack of training actually caused the Brady violation in this case. Connick argues that he was entitled to judgment as a matter of law because Thompson did not prove that he was on actual or constructive notice of, and therefore deliberately indifferent to, a need for more or different Brady training. We agree.
A
Title 42 U. S. C. § 1983 provides in relevant part:
âEvery person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . .
A municipality or other local government may be liable under this section if the governmental body itself âsubjectsâ a person to a deprivation of rights or âcausesâ a person âto be subjectedâ to such deprivation. See Monell v. New York City Dept. of Social Servs., 436 U. S. 658, 692 (1978). But, under §1983, local governments are responsible only for âtheir own illegal acts.â Pembaur v. Cincinnati, 475 U. S. 469, 479 (1986) (citing Monell, 436 U. S., at 665-683). They are not vicariously liable under § 1983 for their employeesâ actions. See id., at 691; Canton, 489 U. S., at 392; Board of Commârs of Bryan Cty. v. Brown, 520 U. S. 397, 403 (1997) (collecting cases).
Plaintiffs who seek to impose liability on local governments under § 1983 must prove that âaction pursuant to official municipal policyâ caused their injury. Monell, 436 U. S., at 691; see id., at 694. Official municipal policy includes the decisions of a governmentâs lawmakers, the acts of its policy-making officials, and practices so persistent and widespread as to practically have the force of law. See ibid.; Pembaur, supra, at 480-481; Adickes v. S. H. Kress & Co., 398 U. S. 144, 167-168 (1970). These are âaction[s] for which the municipality is actually responsible.â Pembaur, supra, at 479-480.
In limited circumstances, a local governmentâs decision not to train certain employees about their legal duty to avoid violating citizensâ rights may rise to the level of an official government policy for purposes of § 1983. A municipalityâs culpability for a deprivation of rights is at its most tenuous where a claim turns on a failure to train. See Oklahoma City v. Tuttle, 471 U. S. 808, 822-823 (1985) (plurality opinion) (â[A] 'policyâ of 'inadequate trainingââ is âfar more nebulous, and a good deal further removed from the constitutional violation, than was the policy in Monellâ). To satisfy the statute, a municipalityâs failure to train its employees in a relevant respect must amount to âdeliberate indifference to the rights of persons with whom the [untrained employees] come into contact.â Canton, 489 U. S., at 388. Only then âcan such a shortcoming be properly thought of as a city 'policy or customâ that is actionable under §1983.â Id., at 389.
â '[Deliberate indifferenceâ is a stringent standard of fault, requiring proof that a municipal actor disregarded a known or obvious consequence of his action.â Bryan Cty., 520 U. S., at 410. Thus, when city policymakers are on actual or constructive notice that a particular omission in their training program causes city employees to violate citizensâ constitutional rights, the city may be deemed deliberately indifferent if the policymakers choose to retain that program. Id., at 407. The cityâs â'policy of inactionââ in light of notice that its program will cause constitutional violations âis the functional equivalent of a decision by the city itself to violate the Constitution.â Canton, 489 U. S., at 395 (OâConnor, J., concurring in part and dissenting in part). A less stringent standard of fault for a failure-to-train claim âwould result in defacto respondeat superior liability on municipalities.....â Id., at 392; see also Pembaur, supra, at 483 (opinion of Brennan, J.) (â[MJunicipal liability under § 1983 attaches whereâ and only where â a deliberate choice to follow a course of action is made from among various alternatives by [the relevant] officials ... â).
B
A pattern of similar constitutional violations by untrained employees is âordinarily necessaryâ to demonstrate deliberate indifference for purposes of failure to train. Bryan Cty., 520 U. S., at 409. Policymakersâ âcontinued adherence to an approach-.that they know or should know has failed to prevent tortious conduct by employees may establish the conscious disregard for the consequences of their actionâ the âdeliberate indifferenceâ â necessary to trigger municipal liability.â Id., at 407. Without notice that a course of training is deficient in a particular respect, decisionmakers can hardly be said to have deliberately chosen a training program that will eause violations of constitutional rights.
Although Thompson does not contend that he proved a pattern of similar Brady violations, 553 F. 3d, at 851, vacated, 578 F. 3d 293 (en banc), he points out that, during the 10 years preceding his armed robbery trial, Louisiana courts had overturned four convictions because of Brady violations by prosecutors in Connickâs office. Those four reversals could not have put Conniek on notice that the officeâs Brady training was inadequate with respect to the sort of Brady violation at issue here. None of those cases involved failure to disclose blood evidence, a crime lab report, or physical or scientific evidence of any kind. Because those incidents are not similar to the violation at issue here, they could not have put Connick on notice that specific training was necessary to avoid this constitutional violation.
C
1
Instead of relying on a pattern of similar Brady violations, Thompson relies on the âsingle-incidentâ liability that this Court hypothesized in Canton. He contends that the Brady violation in his case was the âobviousâ consequence of failing to provide specific Brady training, and that this showing of âobviousnessâ can substitute for the pattern of violations ordinarily necessary to establish municipal culpability.
In Canton, the Court left open the possibility that, âin a narrow range of circumstances,â a pattern of similar violations might not be necessary to show deliberate indifference. Bryan Cty., supra, at 409. The Court posed the hypothetical example of a city that arms its police force with firearms and deploys the armed officers into the public to capture fleeing felons without training the officers in the constitutional limitation on the use of deadly force. Canton, supra, at 390, n. 10. Given the known frequency with which police attempt to arrest fleeing felons and the âpredictability that an officer lacking specific tools to handle that situation will violate citizensâ rights,â the Court theorized that a cityâs decision not to train the officers about constitutional limits on the use of deadly force could reflect the cityâs deliberate indifference to the âhighly predictable consequence,â namely, violations of constitutional rights. Bryan Cty., supra, at 409. The Court sought not to foreclose the possibility, however rare, that the unconstitutional consequences of failing to train could be so patently obvious that a city could be liable under § 1983 without proof of a pre-existing pattern of violations.
Failure to train prosecutors in their Brady obligations does not fall within the narrow range of Canton's hypothesized single-incident liability. The obvious need for specific legal training that was present in the Canton scenario is absent here. Armed police must sometimes make split-second decisions with life-or-death consequences. There is no reason to assume that police academy applicants are familiar with the constitutional constraints on the use of deadly force. And, in the absence of training, there is no. way for novice officers to obtain the legal knowledge they require. Under those circumstances there is an obvious need for some form of training. In stark contrast, legal â[t]raining is what differentiates attorneys from average public employees.â 578 F. 3d, at 304-305 (opinion of Clement, J.).
Attorneys are trained in the law and equipped with the tools to interpret and apply legal principles, understand constitutional limits, and exercise legal judgment. Before they may enter the profession and receive a law license, all attorneys must graduate from law school or pass a substantive examination; attorneys in the vast majority of jurisdictions must do both. See, e. g., La. State Bar Assn. (LSBA), Articles of Incorporation, La. Rev. Stat. Ann. §37, ch. 4, App., Art. 14, §7 (1988 West Supp.) (as amended through 1985). These threshold requirements are designed to ensure that all new attorneys have learned how to find, understand, and apply legal rules. Cf. United States v. Cronic, 466 U. S. 648, 658, 664 (1984) (noting that the presumption âthat the lawyer is competent to provide the guiding hand that the defendant needsâ applies even to young and inexperienced lawyers in their first jury trial and even when the case is complex).
Nor does professional training end at graduation. Most jurisdictions require attorneys to satisfy continuing-education requirements. See, e. g., LSBA, Articles of Incorporation, Art. 16, Rule 1.1(b) (effective 1987); La. Sup. Ct. Rule XXX (effective 1988). Even those few jurisdictions that do not impose mandatory continuing-education requirements mandate that attorneys represent their clients competently and encourage attorneys to engage in continuing study and education. See, e. g., Mass. Rule Prof. Conduct 1.1 and comment 6 (West 2006). Before Louisiana adopted continuing-education requirements, it imposed similar general competency requirements on its state bar. LSBA, Articles of Incorporation, Art. 16, EC 1-1, 1-2, DR 6-101 (West 1974) (effective 1971).
Attorneys who practice with other attorneys, such as in district attorneyâs offices, also train on the job as they learn from more experienced attorneys. For instance, here in the Orleans Parish District Attorneyâs Office, junior prosecutors were trained by senior prosecutors who supervised them as they worked together to prepare cases for trial, and trial chiefs oversaw the preparation of the cases. Senior attorneys also circulated court decisions and instructional memoranda to keep the prosecutors abreast of relevant legal developments.
In addition, attorneys in all jurisdictions must satisfy character and fitness standards to receive a law license and are personally subject to an ethical regime designed to reinforce the professionâs standards. See, e. g., LSBA, Articles of Incorporation, Art. 14, §7 (1985); see generally id., Art. 16 (1971) (Code of Professional Responsibility). Trial lawyers have a âduty to bring to bear such skill and knowledge as will render the trial a reliable adversarial testing process.â Strickland v. Washington, 466 U. S. 668, 688 (1984). Prosecutors have a special âduty to seek justice, not merely to convict.â LSBA, Articles of Incorporation, Art. 16, EC 7-13 (1971); ABA Standards for Criminal Justice 3-1.1(c) (2d ed. 1980). Among prosecutorsâ unique ethical obligations is the duty to produce Brady evidence to the defense. See, e. g., LSBA, Articles of Incorporation, Art. 16, EC 7-13 (1971); ABA Model Rule of Prof. Conduct 3.8(d) (1984). An attorney who violates his or her ethical obligations is subject to professional discipline, including sanctions, suspension, and disbarment. See, e.g., LSBA, Articles of Incorporation, Art. 15, §§5, 6 (1971); id., Art. 16, DR 1-102; ABA Model Rule of Prof. Conduct 8.4 (1984).
In light of this regime of legal training and professional responsibility, recurring constitutional violations are not the âobvious consequenceâ of failing to provide prosecutors with formal in-house training about how to obey the law. Bryan Cty., 520 U. S., at 409. Prosecutors are not only equipped but are also ethically bound to know what Brady entails and to perform legal research when they are uncertain. A district attorney is entitled to rely on prosecutorsâ professional training and ethical obligations in the absence of specific reason, such as a pattern of violations, to believe that those tools are insufficient to prevent future constitutional violations in âthe usual and recurring situations with which [the prosecutors] must deal.â Canton, 489 U. S., at 391. A licensed attorney making legal judgments, in his capacity as a prosecutor, about Brady material simply does not present the same âhighly predictableâ constitutional danger as Cantoris untrained officer.
A second significant difference between this ease and the example in Canton is the nuance of the allegedly necessary training. The Canton hypothetical assumes that the armed police officers have no knowledge at all of the constitutional limits on the use of deadly force. But it is undisputed here that the prosecutors in Connickâs office were familiar with the general Brady rule. Thompsonâs complaint therefore cannot rely on the utter lack of an ability to cope with constitutional situations that underlies the Canton hypothetical, but rather must assert that prosecutors were not trained about particular Brady evidence or the specific scenario related to the violation in his case. That sort of nuance simply cannot support an inference of deliberate indifference here. As the Court said in Canton, â[i]n virtually every instance where a person has had his or her constitutional rights violated by a city employee, a §1983 plaintiff will be able to point to something the city âcould have doneâ to prevent the unfortunate incident.â 489 U. S., at 392 (citing Tuttle, 471 U. S., at 823 (plurality opinion)).
Thompson suggests that the absence of any formal training sessions about Brady is equivalent to the complete absence of legal training that the Court imagined in Canton. But failure-to-train liability is concerned with the substance of the training, not the particular instructional format. The statute does not provide plaintiffs or courts carte blanche to micromanage local governments throughout the United States.
We do not assume that prosecutors will always make correct Brody decisions or that guidance regarding specific Brady questions would not assist prosecutors. But showing merely that additional training would have been helpful in making difficult decisions does not establish municipal liability. â[P]rov[mg] that an injury or accident could have been avoided if an [employee] had had better or more training, sufficient to equip him to avoid the particular injury-causing conductâ will not suffice. Canton, supra, at 391. The possibility of single-incident liability that the Court left open in Canton is not this case.
2
The dissent rejects our holding that Cantonâs hypothesized single-incident liability does not, as a legal matter, encompass failure to train prosecutors in their Brady obligation. It would instead apply the Canton hypothetical to this case, and thus devotes almost all of its opinion to explaining why the evidence supports liability under that theory. But the dissentâs attempt to address our holding â by pointing out that not all prosecutors will necessarily have enrolled in criminal procedure class â misses the point. See post, at 106-107. The reason why the Canton hypothetical is inapplicable is that attorneys, unlike police officers, are equipped with the tools to find, interpret, and apply legal principles.
By the end of its opinion, however, the dissent finally reveals that its real disagreement is not with our holding today, but with this Courtâs precedent. The dissent does not see âany reason,â post, at 108, for the Courtâs conclusion in Bryan County that a pattern of violations is âordinarily necessaryâ to demonstrate deliberate indifference for purposes of failure to train, 520 U. S., at 409. Cf. id., at 406-408 (explaining why a pattern of violations is ordinarily necessary). But cf. post, at 108 (describing our reliance on Bryan County as âimplying]â a new âlimitationâ on § 1983). As our precedent makes clear, proving that a municipality itself actually caused a constitutional violation by failing to train the offending employee presents âdifficult problems of proof,â and we must adhere to a âstringent standard of fault,â lest municipal liability under § 1983 collapse into respondeat superior. Bryan Cty., supra, at 406, 410; see Canton, 489 U. S., at 391-392.
3
The District Court and the Court of Appeals panel erroneously believed that Thompson had proved deliberate indifference by showing the âobviousnessâ of a need for additional training. They based this conclusion on Connickâs awareness that (1) prosecutors would confront Brady issues while at the district attorneyâs office; (2) inexperienced prosecutors were expected to understand Brady's, requirements; (3) Brady has gray areas that make for difficult choices; and (4) erroneous decisions regarding Brady evidence would result in constitutional violations. 553 F. 3d, at 854; App. to Pet. for Cert. 141a, 2005 WL 3541035, *13. This is insufficient.
It does not follow that, because Brady has gray areas and some Brady decisions are difficult, prosecutors will so obviously make wrong decisions that failing to train them amounts to âa decision by the city itself to violate the Constitution.â Canton, supra, at 395 (OâConnor, J., concurring in part and dissenting in part). To prove deliberate indifference, Thompson needed to show that Connick was on notice that, absent additional specified training, it was âhighly predictableâ that the prosecutors in his office would be confounded by those gray areas and make incorrect Brady decisions as a result. In fact, Thompson had to show that it was so predictable that failing to train the prosecutors amounted to conscious disregard for defendantsâ Brady rights. See Bryan Cty., supra, at 409; Canton, supra, at 389. He did not do so.
Ill
The role of a prosecutor is to see that justice is done. Berger v. United States, 295 U. S. 78, 88 (1935). âIt is as much [a prosecutorâs] duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.â Ibid. By their own admission, the prosecutors who tried Thompsonâs armed robbery case failed to carry out that responsibility. But the only issue before us is whether Connick, as the policymaker for the district attorneyâs office, was deliberately indifferent to the need to train the attorneys under his authority.
We conclude that this case does not fall within the narrow range of âsingle-incidentâ liability hypothesized in Canton as a possible exception to the pattern of violations necessary to prove deliberate indifference in § 1988 actions alleging failure to train. The District Court should have granted Con-nick judgment as a matter of law on the failure-to-train claim because Thompson did not prove a pattern of similar violations that would âestablish that the âpolicy of inactionâ [was] the functional equivalent of a decision by the city itself to violate the Constitution.â Canton, supra, at 395 (opinion of OâConnor, J.).
The judgment of the United States Court of Appeals for the Fifth Circuit is reversed.
It is so ordered.
After Thompson discovered the crime lab report, former Assistant District Attorney Michael Riehlmann revealed that Deegan had confessed to him in 1994 that he had âintentionally suppressed blood evidence in the armed robbery trial of John Thompson that in some way exculpated the defendant.â Record EX588; see also id., at 2677. Deegan apparently had been recently diagnosed with terminal cancer when he made his confession. Following a disciplinary complaint by the district attorneyâs office, the Supreme Court of Louisiana reprimanded Riehlmann for failing to disclose Deeganâs admission earlier. In re Riehlmann, 2004-0680 (La. 1/19/05), 891 So. 2d 1239.
Thompson testified in his own defense at the second trial and presented evidence suggesting that another man committed the murder. That man, the governmentâs key witness at the first murder trial, had died in the interval between the first and second trials.
Because Conniek conceded that the failure to disclose the crime lab report violated Brady, that question is not presented here, and we do not address it.
The District Court rejected Conniekâs proposed deliberate indifference jury instruction â which would have required Thompson to prove a pattern of similar violations â for the same reasons as the summary judgment motion. Tr. 1013; Record 993; see also Tr. of Oral Arg. 26.
Because we conclude that Thompson failed to prove deliberate indifference, we need not reach causation. Thus, we do not address whether the alleged training deficiency, or some other cause, was the â âmoving force,â â Canton v. Harris, 489 U. S. 378, 389 (1989) (quoting Monell v. New York City Dept. of Social Servs., 436 U. S. 658, 694 (1978), and Polk County v. Dodson, 454 U. S. 312, 326 (1981)), that âactually causedâ the failure to disclose the crime lab report, Canton, supra, at 391.
The same eannot be said for the dissent, however. Affirming the verdict in favor of Thompson would require finding both that he proved deliberate indifference and that he proved causation. Perhaps unsurprisingly, the dissent has not conducted the second step of the analysis, which would require showing that the failure to provide particular training (which the dissent never clearly identifies) âactually causedâ the flagrant â and quite possibly intentional â misconduct that occurred in this case. See post, at 98 (opinion of Ginsburg, J.) (assuming that, â[h]ad Bradyâs importance been brought home to prosecutors,â the violation at issue âsurelyâ would not have occurred). The dissent believes that evidence that the prosecutors allegedly âmisapprehen[ded]â Brady proves causation. Post, at 104, n. 20. Of course, if evidence of a need for training, by itself, were sufficient to prove that the lack of training âactually causedâ the violation at issue, no causation requirement would be neeessary because every plaintiff who satisfied the deliberate indifference requirement would necessarily satisfy the causation requirement.
Thompson had every incentive at trial to attempt to establish a pattern of similar violations, given that the jury instruction allowed the jury to find deliberate indifference based on, among other things, prosecutorsâ âhistory of mishandlingâ similar situations. Record 1619.
Thompson'also asserts that this case is not about a âsingle incidentâ because up to four prosecutors may have been responsible for the nondisclosure of the crime lab report and, according to his allegations, withheld additional evidence in his armed robbery and murder trials. But contemporaneous or subsequent conduct cannot establish a pattern of violations that would provide ânotice to the citfy] and the opportunity to conform to constitutional dictates . . . .â Canton, 489 U. S., at 395 (OâConnor, J., concurring in part and dissenting in part). Moreover, no court has ever found any of the other Brady violations that Thompson alleges occurred in his armed robbery and murder trials.
The Louisiana State Bar Code of Professional Responsibility included a broad understanding of the prosecutorâs duty to disclose in 1985:
âWith respect to evidence and witnesses, the prosecutor has responsibilities different from those of a lawyer in private practice: the prosecutor should make timely disclosure to the defense of available evidence, known to him, that tends to negate the guilt of the accused, mitigate the degree of the offense, or reduce the punishment. Further, a prosecutor should not intentionally avoid pursuit of evidence merely because he believes it will damage the prosecutionâs case or aid the accused.â LSBA, Articles of Incorporation, Art. 16, EC 7-13 (1971); see also ABA Model Rule of Prof. Conduct 3.8(d) (1984) (âThe prosecutor in a criminal case shall . . . make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense ... â).
In addition to these ethical rules, the Louisiana Code of Criminal Procedure, with which Louisiana prosecutors are no doubt familiar, in 1985 required prosecutors, upon order of the court, to permit inspection of evidence âfavorable to the defendant. . . which [is] material and relevant to the issue of guilt or punishment,â La. Code Crim. Proc. Ann., Art. 718 (West 1981) (added 1977), as well as âany results or reportsâ of âscientific tests or experiments, made in connection with or material to the particular case,â if those reports are exculpatory or intended for use at trial, id., Art. 719.
Contrary to the dissentâs assertion, see post, at 108, n. 26 (citing post, at 96-98), a prosecutorâs youth is not a âspecific reasonâ not to rely on professional training and ethical obligations. See supra, at 64-65 (citing United States v. Cronic, 466 U. S. 648, 658, 664 (1984)).
Thompson also argues that he proved deliberate indifference by âdirect evidence of policymaker faultâ and so, presumably, did not need to rely on circumstantial evidence at all Brief for Respondent 37. In support, Thompson contends that Connick created a âculture of indifferenceâ in the district attorneyâs office, id., at 38, as evidenced by Connickâs own allegedly inadequate understanding of Brady, the officeâs unwritten Brady policy that was later incorporated into a 1987 handbook, and an offieewide ârestrictive discovery policy,â Brief for Respondent 39-40. This argument is essentially an assertion that Connickâs office had an unconstitutional policy or custom. The jury rejected this claim, and Thompson does not challenge that finding.
The dissent spends considerable time finding new Brady violations in Thompsonâs trials. See post, at 81-90. How these violations are relevant even to the dissentâs own legal analysis is âa mystery.â Post, at 81, n. 2. The dissent does not list these violations among the â[ajbundant evidenceâ that it believes supports the juryâs finding that Brady training was obviously necessary. Post, at 93. Nor does the dissent quarrel with our conclusion that contemporaneous or subsequent conduct cannot establish a pattern of violations. The only point appears to be to highlight what the dissent sees as sympathetic, even if legally irrelevant, facts.
In any event, the dissentâs findings are highly suspect. In finding two of the ânewâ violations, the dissent belatedly tries to reverse the- Court of Appealsâ 1998 decision that those Brady claims were âwithout merit.â Compare Thompson v. Cain, 161 F. 3d 802, 806-808 (CA5) (rejecting Brady claims regarding the Perkins-Liuzza audiotapes and the Perkins police report), with post, at 85-86 (concluding that these were Brady violations). There is no basis to the dissentâs suggestion that materially new facts have called the Court of Appealsâ 1998 decision into question. Cf. State v. Thompson, 2002-0361, p. 6 (La. App. 7/17/02), 825 So. 2d 552, 555 (noting Thompsonâs admission that some of his current Brady claims âha[ve] been rejected by both the Louisiana Supreme Court and the federal courtsâ). Regarding the bloodstained swatch, which the dissent asserts prosecutors âblockedâ the defense from inspecting by sending it to the crime lab for testing, post, at 84, Thompsonâs counsel conceded at oral argument that trial counsel had access to the evidence locker where the swatch was recorded as evidence. See Tr. of Oral Arg. 37, 42; Record EX42, EX43 (evidence card identifying âOne (1) Piece of Victims [sic] Right Pants Leg, W/Bloodâ among the evidence in the evidence loeker and indicating that some evidence had been checked out); Tr. 401 (testimony from Thompsonâs counsel that he â[w]ent down to the evidence room and checked all of the evidenceâ); id., at 103, 369-370, 586, 602 (testimony that evidence card was âavailable to the public,â would have been available to Thompsonâs counsel, and would have been seen by Thompsonâs counsel because it was stapled to the evidence bag in âthe normal processâ). Moreover, the dissent cannot seriously believe that the jury could have found Brady violations â indisputably, questions of law. See post, at 89, n. 10, 92, n. 11.
Although the dissent acknowledges that âdeliberate indifference liability and respondeat superior liability are not one and the same,â the opinion suggests that it believes otherwise. Post, at 109, n. 28; see, e. g., post, at 109 (asserting that âthe buck stops with [the district attorney]â); post, at 100 (suggesting municipal liability attaches when âthe prosecutorsâ themselves are âdeliberately indifferent to what the law requiresâ). We stand by the longstanding rule â reaffirmed by a unanimous Court earlier this Term â that to prove a violation of § 1983, a plaintiff must prove that âthe municipalityâs own wrongful conductâ caused his injury, not that the municipality is ultimately responsible for the torts of its employees. Los Angeles County v. Humphries, 562 U. S. 29, 38 (2010); see id., at 35, 36 (citing Monell, 436 U. S., at 691).
[CONCURRENCE â Justice Scalia,]
Justice Scalia,
with whom Justice Alito joins, concurring.
I join the Courtâs opinion in full. I write separately only to address several aspects of the dissent.
1. The dissentâs lengthy excavation of the trial record is a puzzling exertion. The question presented for our review is whether a municipality is hable for a single Brady violation by one of its prosecutors, even though no pattern or practice of prior violations put the municipality on notice of a need for specific training that would have prevented it. See Brady v. Maryland, 373 U. S. 83 (1963). That question is a legal one: whether a Brady violation presents one of those rare circumstances we hypothesized in Cantonâs footnote 10, in which the need for training in constitutional requirements is so obvious ex ante that the municipalityâs failure to provide that training amounts to deliberate indifference to constitutional violations. See Canton v. Harris, 489 U. S. 378, 390, n. 10 (1989).
The dissent defers consideration of this question until the twenty-third page of its opinion. It first devotes considerable space to allegations that Connickâs prosecutors misunderstood Brady when asked about it at trial, see post, at 93-95 (opinion of Ginsburg, J.), and to supposed gaps in the Brady guidance provided by Connickâs office to prosecutors, including deficiencies (unrelated to the specific Brady violation at issue in this case) in a policy manual published by Connickâs office three years after Thompsonâs trial, see post, at 96-98. None of that is relevant. Thompsonâs failure-to-train theory at trial was not based on a pervasive culture of indifference to Brady, but rather on the inevitability of mistakes over enough iterations of criminal trials. The District Court instructed the jury it could find Connick deliberately indifferent if:
âFirst: The District Attorney was certain that prosecutors would confront the situation where they would have to decide which evidence was required by the constitution to be provided to an accused[;]
âSecond: The situation involved a difficult choice, or one that prosecutors had a history of mishandling, such that additional training, supervision, or monitoring was clearly needed[; and]
âThird: The wrong choice by a prosecutor in that situation will frequently cause a deprivation of an accusedâs constitutional rights.â App. 828.
That theory of deliberate indifference would repeal the law of Monell in favor of the Law of Large Numbers. Brady mistakes are inevitable. So are all species of error routinely confronted by prosecutors: authorizing a bad warrant; losing a Batson claim; crossing the line in closing argument; or eliciting hearsay that violates the Confrontation Clause. Nevertheless, we do not have âde facto respondeat superior liability,â Canton, 489 U. S., at 392, for each such violation under the rubric of failure to train simply because the municipality does not have a professional educational program covering the specific violation in sufficient depth. Were Thompsonâs theory the law, there would have been no need for, Cantonâs footnote to confine its hypothetical to the extreme circumstance of arming police officers with guns without telling them about the constitutional limitations upon shooting fleeing felons; the District Courtâs instructions cover every recurring situation in which citizensâ rights can be violated.
That result cannot be squared with our admonition that failure-to-train liability is available only in âlimited circumstances,â id., at 387, and that a pattern of constitutional violations is âordinarily necessary to establish municipal culpability and causation,â Board of Commârs of Bryan Cty. v. Brown, 520 U. S. 397, 409 (1997). These restrictions are indispensable because without them, âfailure to trainâ would become a talismanic incantation producing municipal liability â[i]n virtually every instance where a person has had his or her constitutional rights violated by a city employeeâ â which is what Monell rejects. Canton, 489 U. S., at 392. Worse, it would âengage the federal courts in an endless exercise of second-guessing municipal employee-training programs,â thereby diminishing the autonomy of state and local governments. Ibid.
2. Perhaps for that reason, the dissent does not seriously contend that Thompsonâs theory of recovery was proper. Rather, it accuses Connick of acquiescing in that theory at trial. See post, at 102. The accusation is false. Conniekâs central claim was and is that failure-to-train liability for a Brady violation cannot be premised on a single incident, but requires a pattern or practice of previous violations. He pressed that argument at the summary judgment stage but was rebuffed. At trial, when Connick offered a jury instruction to the same effect, the trial judge effectively told him to stop bringing up the subject:
â[Connickâs counsel]: Also, as part of that definition in that same location, Your Honor, we would like to include language that says that deliberate indifference to training requires a pattern of similar violations and proof of deliberate indifference requires more than a single isolated act.
â[Thompsonâs counsel]: Thatâs not the law, Your Honor.
âTHE COURT: No, Iâm not giving that. That was in your motion for summary judgment that I denied.â Tr. 1013.
Nothing more is required to preserve a claim of error. See Fed. Rule Civ. Proc. 51(d)(1)(B).
3. But in any event, to recover from a municipality under 42 U. S. C. § 1983, a plaintiff must satisfy a ârigorousâ standard of causation, Bryan Cty., 520 U. S., at 405; he must âdemonstrate a direct causal link between the municipal action and the deprivation of federal rights,â id., at 404. Thompson cannot meet that standard. The withholding of evidence in his case was almost certainly caused not by a failure to give prosecutors specific training, but by miscreant prosecutor Gerry Deeganâs willful suppression of evidence he believed to be exculpatory, in an effort to railroad Thompson. According to Deeganâs colleague Michael Riehlmann, in 1994 Deegan confessed to him â in the same conversation in which Deegan revealed he had only a few months to live â that he had âsuppressed blood evidence in the armed robbery trial of John Thompson that in some way exculpated the defendant.â App. 367; see also id., at 362 (â[Deegan] told me ... that he had failed to inform the defense of exculpatory informationâ). I have no reason to disbelieve that account, particularly since Riehlmannâs testimony hardly paints a flattering picture of himself: Riehlmann kept silent about Deeganâs misconduct for another five years, as a result of which he incurred professional sanctions. See In re Riehlmann, 2004-0680 (La. 1/19/05), 891 So. 2d 1239. And if Riehlmannâs story is true, then the âmoving force,â Bryan Cty., supra, at 404 (internal quotation marks omitted), behind the suppression of evidence was Deegan, not a failure of continuing legal education.
4. The dissent suspends disbelief about this, insisting that with proper Brady training, âsurely at least oneâ of the prosecutors in Thompsonâs trial would have turned over the lab report and blood swatch. Post, at 98. But training must consist of more than mere broad encomiums of Brady: We have made clear that âthe identified deficiency in a cityâs training program [must be] closely related to the ultimate injury.â Canton, supra, at 391. So even indulging the dissentâs assumption that Thompsonâs prosecutors failed to disclose the lab report in good faith â in a way that could be prevented by training â what sort of training would have prevented the good-faith nondisclosure of a blood report not known to be exculpatory?
Perhaps a better question to ask is what legally accurate training would have prevented it. The dissentâs suggestion is to instruct prosecutors to ignore the portion of Brady limiting prosecutorsâ disclosure obligations to evidence that is âfavorable to an accused,â 373 U. S., at 87. Instead, the dissent proposes that âConnick could have communicated to Orleans Parish prosecutors, in no uncertain terms, that, â[i]f you have physical evidence that, if tested, can establish the innocence of the person who is charged, you have to turn it over.ââ Post, at 97, n. 13 (quoting Tr. of Oral Arg. 34). Though labeled a training suggestion, the dissentâs proposal is better described as a sub silentio expansion of the substantive law of Brady. If any of our cases establishes such an obligation, I have never read it, and the dissent does not cite it.
Since Thompsonâs trial, however, we have decided a case that appears to say just the opposite of the training the dissent would require: In Arizona v. Youngblood, 488 U. S. 51, 58 (1988), we held that âunless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law.â We acknowledged that âBrady . . . makes the good or bad faith of the State irrelevant when the State fails to disclose to the defendant material exculpatory evidence,â but concluded that âthe Due Process Clause requires a different result when we deal with the failure of the State to preserve evidentiary material of which no more can be said than that it could have been subjected to tests, the results of which might have exonerated the defendant.â Id., at 57. Perhaps one day we will recognize a distinction between good-faith failures to preserve from destruction evidence whose inculpatory or exculpatory character is unknown, and good-faith failures to turn such evidence over to the defense. But until we do so, a failure to train prosecutors to observe that distinction cannot constitute deliberate indifference.
5. By now the reader has doubtless guessed the best-kept secret of this case: There was probably no Brady violation at all â except for Deeganâs (which, since it was a bad-faith, knowing violation, could not possibly be attributed to lack of training). The dissent surely knows this, which is why it leans heavily on the fact that Connick conceded that Brady was violated. I can honor that concession in my analysis of the case because even if it extends beyond Deeganâs deliberate actions, it remains irrelevant to Connickâs training obligations. For any Brady violation apart from Deeganâs was surely on the very frontier of our Brady jurisprudence; Con-nick could not possibly have been on notice decades ago that he was required to instruct his prosecutors to respect a right to untested evidence that we had not (and still have not) recognized. As a consequence, even if I accepted the dissentâs conclusion that failure-to-train liability could be premised on a single Brady error, I could not agree that the lack of an accurate training regimen caused the violation Connick has conceded.
Monell v. New York City Dept. of Social Servs., 436 U. S. 658 (1978).
Batson v. Kentucky, 476 U. S. 79 (1986).
I do not share the dissent's confidence that this result will be avoided by the instructionâs requirement that ââmore likely than not the Brady material would have been produced if the prosecutors involved in his underlying criminal cases had been properly trained, supervised or monitored regarding the production of Brady evidence.ââ Post, at 101-102, n. 17 (quoting Tr. 1100). How comforting that assurance is depends entirely on what proper training consists of. If it is not limited to training in aspects of Brady that have been repeatedly violated, but includes â as the dissent would have it include here â training that would avoid any one-time violation, the assurance is no assurance at all.
The dissentâs contention that â[t]he instruction Connick proposed resembled the charge given by the District Court,â post, at 102, n. 18, disregards his requested instruction concerning the necessity of a pattern of prior violations. It is meaningless to say that after âthe court rejected [Connickâs] categorical position,â as it did, he did not âassail the District Courtâs formulation of the deliberate indifference instruction,â post, at 103, n. 18. The prior-pattern requirement was part of Connickâs requested formulation of deliberate indifference: âTo prove deliberate indifference, a plaintiff must demonstrate âat least a pattern of similar violations arising from training that is so clearly inadequate as to be obviously likely to result in a constitutional violation.ââ Record, Doc. 94, p. 18 (emphasis added).
What the dissent does cite in support of its theory comes from an unexpected source: Connickâs testimony about what qualifies as Brady material. See post, at 98, n. 13. (âOr Connick could have told prosecutors what he told the jury when he was asked whether a prosecutor must disclose a crime lab report to the defense, even if the prosecutor does not know the defendantâs blood type: âUnder the law it qualifies as Brady materialâ â (quoting Tr. 872)). Given the effort the dissent has expended persuading us that Conniekâs understanding of Brady is profoundly misguided, its newfound trust in his expertise on the subject is, to the say the least, surprising.
The dissentâs only response to this is that the jury must have found otherwise, since it was instructed that â â[f]or liability to attach because of a failure to train, the fault must be in the training program itself, not in any particular prosecutor.â â Post, at 105, n. 20 (quoting Tr. 1098). But this instruction did not require the jury to find that DeegĂĄn did not commit a bad-faith, knowing violation; it merely prevented the jury from finding that, if he did so, Connick was liable for a failure to train. I not only agree with that; it is part of my point.
[DISSENT â Justice Ginsburg,]
Justice Ginsburg,
with whom Justice Breyer, Justice Sotomayor, and Justice Kagan join, dissenting.
In Brady v. Maryland, 373 U. S. 83, 87 (1963), this Court held that due process requires the prosecution to turn over evidence favorable to the accused and material to his guilt or punishment. That obligation, the parties have stipulated, was dishonored in this case; consequently, John Thompson spent 18 years in prison, 14 of them isolated on death row, before the truth came to light: He was innocent of the charge of attempted armed robbery, and his subsequent trial on a murder charge, by prosecutorial design, was fundamentally unfair.
The Court holds that the Orleans Parish District Attorneyâs Office (District Attorneyâs Office or Office) cannot be held liable, in a civil rights action under 42 U. S. C. § 1983, for the grave injustice Thompson suffered. That is so, the Court tells us, because Thompson has shown only an aberrant Brody violation, not a routine practice of giving short shrift to Bradyâs requirements. The evidence presented to the jury that awarded compensation to Thompson, however, points distinctly away from the Courtâs assessment. As the trial record in the § 1983 action reveals, the conceded, long-concealed prosecutorial transgressions were neither isolated nor atypical.
From the top down, the evidence showed, members of the District Attorneyâs Office, including the District Attorney himself, misperceived Bradyâs compass and therefore inadequately attended to their disclosure obligations. Throughout the pretrial and trial proceedings against Thompson, the team of four engaged in prosecuting him for armed robbery and murder hid from the defense and the court exculpatory information Thompson requested and had a constitutional right to receive. The prosecutors did so despite multiple opportunities, spanning nearly two decades, to set the record straight. Based on the prosecutorsâ conduct relating to Thompsonâs trials, a fact trier could reasonably conclude that inattention to Brady was standard operating procedure at the District Attorneyâs Office.
What happened here, the Courtâs opinion obscures, was no momentary oversight, no single incident of a lone officerâs misconduct. Instead, the evidence demonstrated that misperception and disregard of Bradyâs disclosure requirements were pervasive in Orleans Parish. That evidence, I would hold, established persistent, deliberately indifferent conduct for which the District Attorneyâs Office bears responsibility under § 1983.
I dissent from the Courtâs judgment mindful that Brady violations, as this case illustrates, are not easily detected. But for a chance discovery made by a defense team investigator weeks before Thompsonâs scheduled execution, the evidence that led to his exoneration might have remained under wraps. The prosecutorial concealment Thompson encountered, however, is bound to be repeated unless municipal agencies bear responsibility â made tangible by § 1983 liability â for adequately conveying what Brady requires and for monitoring staff compliance. Failure to train, this Court has said, can give rise to municipal liability under § 1983 âwhere the failure . . . amounts to deliberate indifference to the rights of persons with whom the [untrained employees] come into contact.â Canton v. Harris, 489 U. S. 378, 388 (1989). That standard is well met in this case.
I
I turn first to a contextual account of the Brady violations that infected Thompsonâs trials.
A
In the early morning hours of December 6,1984, an assailant shot and killed Raymond T. Liuzza, Jr., son of a prominent New Orleans business executive, on the street fronting the victimâs home. Only one witness saw the assailant. As recorded in two contemporaneous police reports, that eyewitness initially described the assailant as African-American, six feet tall, with âclose cut hair.â Record EX2-EX3, EX9. Thompson is five feet eight inches tall and, at the time of the murder, styled his hair in a large âAfro.â Id., at EX13. The police reports of the witnessâ immediate identification were not disclosed to Thompson or to the court.
While engaged in the murder investigation, the Orleans Parish prosecutors linked Thompson to another violent crime committed three weeks later. On December 28, an assailant attempted to rob three siblings at gunpoint. During the struggle, the perpetratorâs blood stained the oldest childâs pant leg. That blood, preserved on a swatch of fabric cut from the pant leg by a crime scene analyst, was eventually tested. The test conclusively established that the perpetratorâs blood was type B. Id., at EX151. Thompsonâs blood is type O. His prosecutors failed to disclose the existence of the swatch or the test results.
B
One month after the Liuzza murder, Richard Perkins, a man who knew Thompson, approached the Liuzza family. Perkins did so after the familyâs announcement of a $15,000 reward for information leading to the murdererâs conviction. Police officers surreptitiously recorded the Perkins-Liuzza conversations. As documented on tape, Perkins told the family, âI donât mind helping [you] catch [the perpetrator], ... but I would like [you] to help me and, you know, Iâll help [you].â Id., at EX479, EX481. Once the family assured Perkins, âweâre on your side, we want to try and help you,â id., at EX481, Perkins intimated that Thompson and another man, Kevin Freeman, had been involved in Liuzzaâs murder. Perkins thereafter told the police what he had learned from Freeman about the murder, and that information was recorded in a police report. Based on Perkinsâ account, Thompson and Freeman were arrested on murder charges.
Freeman was six feet tall and went by the name âKojakâ because he kept his hair so closely trimmed that his scalp was visible. Unlike Thompson, Freeman fit the eyewitnessâ initial description of the Liuzza assailantâs height and hair style. As the Court notes, ante, at 56, n. 2, Freeman became the key witness for the prosecution at Thompsonâs trial for the murder of Liuzza.
After Thompsonâs arrest for the Liuzza murder, the father of the armed robbery victims saw a newspaper photo of Thompson with a large Afro hairstyle and showed it to his children. He reported to the District Attorneyâs Office that the children had identified Thompson as their attacker, and the children then picked that same photo out of a âphotographic lineup.â Record EX120, EX642-EX643. Indicting Thompson on the basis of these questionable identifications, the District Attorneyâs Office did not pause to test the pant leg swatch dyed by the perpetratorâs blood. This lapse ignored or overlooked a prosecutorâs notation that the Office âmay wish to do [a] blood test.â Id., at EX122.
The murder trial was scheduled to begin in mid-March 1985. Armed with the later indictment against Thompson for robbery, however, the prosecutors made a strategic choice: They switched the order of the two trials, proceeding first on the robbery indictment. Id., at EX128-EX129. Their aim was twofold. A robbery conviction gained first would serve to inhibit Thompson from testifying in his own defense at the murder trial, for the prior conviction could be used to impeach his credibility. In addition, an armed robbery conviction could be invoked at the penalty phase of the murder trial in support of the prosecutionâs plea for the death penalty. Id., at 682.
Recognizing the need for an effective prosecution team, petitioner Harry F. Connick, District Attorney for the Parish of Orleans, appointed his third-in-command, Eric Dubelier, as special prosecutor in both cases. Dubelier enlisted Jim Williams to try the armed robbery ease and to assist him in the murder case. Gerry Deegan assisted Williams in the armed robbery ease. Bruce Whittaker, the fourth prosecutor involved in the cases, had approved Thompsonâs armed robbery indictment.
C
During pretrial proceedings in the armed robbery case, Thompson filed a motion requesting access to all materials and information âfavorable to the defendantâ and âmaterial and relevant to the issue of guilt or punishment,â as well as âany results or reportsâ of âscientific tests or experiments.â Id., at EX144, EX145. Prosecutorial responses to this motion fell far short of Brady compliance.
First, prosecutors blocked defense counselâs inspection of the pant leg swatch stained by the robberâs blood. Although Dubelierâs April 3 response stated, âInspection to be permitted,â id., at EX149, the swatch was signed out from the property room at 10:05 a.m. the next day, and was not returned until noon on April 10, the day before trial, id., at EX43, EX670. Thompsonâs attorney inspected the evidence made available to him and found no blood evidence. No one told defense counsel about the swatch and its recent removal from the property room. Id., at EX701-EX702; Tr. 400-402. But cf. ante, at 69, n. 11 (Thompsonâs attorney had âaccess to the evidence locker where the swatch was recorded as evidence.â).
Second, Dubelier or Whittaker ordered the crime laboratory to rush a pretrial test of the swatch. Tr. 952-954. Whittaker received the lab report, addressed to his attention, two days before trial commenced. Immediately thereafter, he placed the lab report on Williamsâ desk. Record EX151, EX589. Although the lab report conclusively identified the perpetratorâs blood type, id., at EX151, the District Attorneyâs Office never revealed the report to the defense.
Third, Deegan checked the swatch out of the property room on the morning of the first day of trial, but the prosecution did not produce the swatch at trial. Id., at EX43. Deegan did not return the swatch to the property room after trial, and the swatch has never been found. Tr. of Oral Arg. 37.
â[B]ased solely on the descriptionsâ provided by the three victims, Record 683, the jury convicted Thompson of attempted armed robbery. The court sentenced him to 49.5 years without possibility of parole â the maximum available sentence.
D
Prosecutors continued to disregard Brady during the murder trial, held in May 1985, at which the prosecutionâs order-of-trial strategy achieved its aim. By prosecuting Thompson for armed robbery first â and withholding blood evidence that might have exonerated Thompson of that charge â the District Attorneyâs Office disabled Thompson from testifying in his own defense at the murder trial. As earlier observed, see supra, at 82-83, impeaching use of the prior conviction would have severely undermined Thompsonâs credibility. And because Thompson was effectively stopped from testifying in his own defense, the testimony of the witnesses against him gained force. The prosecutionâs failure to reveal evidence that could have impeached those witnesses helped to seal Thompsonâs fate.
First, the prosecution undermined Thompsonâs efforts to impeach Perkins. Perkins testified that he volunteered information to the police with no knowledge of reward money. Record EX366, EX372-EX373. Because prosecutors had not produced the audiotapes of Perkinsâ conversations with the Liuzza family (or a police summary of the tapes), Thompsonâs attorneys could do little to cast doubt on Perkinsâ credibility. In closing argument, the prosecution emphasized that Thompson presented no âdirect evidenceâ that reward money had motivated any of the witnesses. Id., at EX3171-EX3172.
Second, the prosecution impeded Thompsonâs impeachment of key witness Kevin Freeman. It did so by failing to disclose a police report containing Perkinsâ account of what he had learned from Freeman about the murder. See swpra, at 82. Freemanâs trial testimony was materially inconsistent with that report. Tr. 382-384, 612-614; Record EX270-EX274. Lacking any knowledge of the police report, Thompson could not point to the inconsistencies.
Third, and most vital, the eyewitnessâ initial description of the assailantâs hair, see supra, at 81, was of prime relevance, for it suggested that Freeman, not Thompson, murdered Liuzza, see supra, at 82. The materiality of the eyewitnessâ contemporaneous description of the murderer should have been altogether apparent to the prosecution. Failure to produce the police reports setting out what the eyewitness first said not only undermined efforts to impeach that witness and the police officer who initially interviewed him. The omission left defense counsel without knowledge that the prosecutors were restyling the killerâs âclose cut hairâ into an âAfro.â
Prosecutors finessed the discrepancy between the eyewitnessâ initial description and Thompsonâs appearance. They asked leading questions prompting the eyewitness to agree on the stand that the perpetratorâs hair was âafro type,â yet âstraight back.â Record EX322-EX323. Corroboratively, the police officer â after refreshing his recollection by reviewing material at the prosecutionâs table â gave artful testimony. He characterized the witnessâ initial description of the perpetratorâs hair as âblack and short, afro style.â Id., at EX265 (emphasis added). As prosecutors well knew, nothing in the withheld police reports, which described the murdererâs hair simply as âclose cut,â portrayed a perpetrator with an Afro or Afro-style hair.
The jury found Thompson guilty of first-degree murder. Having prevented Thompson from testifying that Freeman was the killer, the prosecution delivered its ultimate argument. Because Thompson was already serving a near-life sentence for attempted armed robbery, the prosecution urged, the only way to punish him for murder was to execute him. The strategy worked as planned; Thompson was sentenced to death.
E
Thompson discovered the prosecutorsâ misconduct through a serendipitous series of events. In 1994, nine years after Thompsonâs convictions, Deegan, the assistant prosecutor in the armed robbery trial, learned he was terminally ill. Soon thereafter, Deegan confessed to his friend Michael Riehlmann that he had suppressed blood evidence in the armed robbery case. Id., at EX709. Deegan did not heed Riehlmannâs counsel to reveal what he had done. For five years, Riehlmann, himself a former Orleans Parish prosecutor, kept Deeganâs confession to himself. Id., at EX712-EX713.
On April 16, 1999, the State of Louisiana scheduled Thompsonâs execution. Id., at EX1366-EX1367. In an eleventh-hour effort to save his life, Thompsonâs attorneys hired a private investigator. Deep in the crime lab archives, the investigator unearthed a microfiche copy of the lab report identifying the robberâs blood type. The copy showed that the report had been addressed to Whittaker. See supra, at 84. Thompson's attorneys contacted Whittaker, who informed Riehlmann that the lab report had been found. Riehlmann thereupon told Whittaker that Deegan âhad failed to turn over stuff that might have been exculpatory.â Tr. 718. Riehlmann prepared an affidavit describing Deeganâs disclosure âthat he had intentionally suppressed blood evidence in the armed robbery trial of John Thompson.â Record EX583.
Thompson's lawyers presented to the trial court the crime lab report showing that the robberâs blood type was B, and a report identifying Thompsonâs blood type as O. This evidence proved Thompson innocent of the robbery. The court immediately stayed Thompsonâs execution, id., at EX590, and commenced proceedings to assess the newly discovered evidence.
Connick sought an abbreviated hearing. A full hearing was unnecessary, he urged, because the Office had confessed error and had moved to dismiss the armed robbery charges. See, e. g., id., at EX617. The court insisted on a public hearing. Given âthe history of this case,â the court said, it âwas not willing to accept the representations that [Connick] and [his] office made [in their motion to dismiss],â id., at EX882. After a full dayâs hearing, the court vacated Thompsonâs attempted armed robbery conviction and dismissed the charges. Before doing so, the court admonished:
â[A]ll day long there have been a number of young Assistant D. A.âs . . . sitting in this courtroom watching this, and I hope they take home . . . and take to heart the message that this kind of conduct cannot go on in this Parish if this Criminal Justice System is going to work.â Id., at EX883.
The District Attorneyâs Office then initiated grand jury proceedings against the prosecutors who had withheld the lab report. Connick terminated the grand jury after just one day. He maintained that the lab report would not be Brady material if prosecutors did not know Thompsonâs blood type. Tr. 986; cf. swpra, at 84-85, n. 6. And he told the investigating prosecutor that the grand jury âw[ould] make [his] job more difficult.â Tr. 978-979. In protest, that prosecutor tendered his resignation.
F
Thereafter, the Louisiana Court of Appeal reversed Thompsonâs murder conviction. State v. Thompson, 2002-0361, p. 10 (7/17/02), 825 So. 2d 552, 558. The unlawfully procured robbery conviction, the court held, had violated Thompsonâs right to testify and thus fully present his defense in the murder trial. Id., at 557. The merits of several Brady claims arising out of the murder trial, the court observed, had therefore become âmoot.â 825 So. 2d, at 555; see also Record 684. But cf. ante, at 63, n. 7, 69, n. 11 (suggesting that there were no Brady violations in the murder prosecution because no court had adjudicated any violations).
Undeterred by his assistantsâ disregard of Thompsonâs rights, Connick retried him for the Liuzza murder. Thompsonâs defense was bolstered by evidence earlier unavailable to him: ten exhibits the prosecution had not disclosed when Thompson was first tried. The newly produced items included police reports describing the assailant in the murder case as having âclose cutâ hair, the police report recounting Perkinsâ meetings with the Liuzza family, see supra, at 81-82, audio recordings of those meetings, and a 35-page supplemental police report. After deliberating for only 35 minutes, the jury found Thompson not guilty.
On May 9, 2003, having served more than 18 years in prison for crimes he did not commit, Thompson was released.
II
On July 16, 2003, Thompson commenced a civil action under 42 U. S. C. § 1983 alleging that Connick, other officials of the Orleans Parish District Attorneyâs Office, and the Office itself, had violated his constitutional rights by wrongfully withholding Brady evidence. Thompson sought to hold Connick and the District Attorneyâs Office liable for failure adequately to train prosecutors concerning their Brady obligations. Such liability attaches, I agree with the Court, only when the failure âamount[s] to âdeliberate indifference to the rights of persons with whom the [untrained employees] come into contact.ââ Ante, at 61 (quoting Canton v. Harris, 489 U. S., at 388). I disagree, however, with the Courtâs conclusion that Thompson failed to prove deliberate indifference.
Having weighed all the evidence, the jury in the § 1983 case found for Thompson, concluding that the District Attorneyâs Office had been deliberately indifferent to Thompsonâs Brady rights and to the need for training and supervision to safeguard those rights. âViewing the evidence in the light most favorable to [Thompson], as appropriate in light of the verdic[t] rendered by the jury,â Patrick v. Burget, 486 U. S. 94, 98, n. 3 (1988), I see no cause to upset the District Courtâs determination, affirmed by the Fifth Circuit, that âample evidence . . . adduced at trialâ supported the juryâs verdict. Record 1917.
Over 20 years ago, we observed that a municipalityâs failure to provide training may be so egregious that, even without notice of prior constitutional violations, the failure âcould properly be characterized as âdeliberate indifferenceâ to constitutional rights.â Canton, 489 U. S., at 390, n. 10. â[I]n light of the duties assigned to specific officers or employees,â Canton recognized, âit may happen that . . . the need for more or different training is so obvious, and the inadequacy so likely to result in the violation of constitutional rights, that the policymakers . . . can reasonably be said to have been deliberately indifferent to the need.â Id., at 390. Thompson presented convincing evidence to satisfy this standard.
A
Thompsonâs § 1983 suit proceeded to a jury trial on two theories of liability: First, the Orleans Parish Officeâs official Brady policy was unconstitutional; and second, Connick was deliberately indifferent to an obvious need to train his prosecutors about their Brady obligations. Connickâs Brady policy directed prosecutors to âturn over what was required by state and federal law, but no more.â Brief for Petitioners 6-7. The jury thus understandably rejected Thompsonâs claim that the official policy itself was unconstitutional. Ante, at 57.
The jury found, however, that Connick was deliberately indifferent to the need to train prosecutors about Brady's command. On the special verdict form, the jury answered yes to the following question:
âWas the Brady violation in the armed robbery case or any infringements of John Thompsonâs rights in the murder trial substantially caused by [Connickâs] failure, through deliberate indifference, to establish policies and procedures to protect one accused of a crime from these constitutional violations?â Record 1585.
Consistent with the question put to the jury, and without objection, the court instructed the jurors: â[Y]ou are not limited to the nonproduced blood evidence and the resulting infringement of Mr. Thompsonâs right to testify at the murder trial. You may consider all of the evidence presented during this trial.â Tr. 1099; Record 1620. But cf. ante, at 54, 59, 63, n. 7, 68; ante, at 72 (Scalia, J., concurring) (maintaining that the case involves a single Brady violation). That evidence included a stipulation that in his retrial for the Liuzza murder, Thompson had introduced ten exhibits containing relevant information withheld by the prosecution in 1985. See supra, at 90.
Abundant evidence supported the juryâs finding that additional Brady training was obviously necessary to ensure that Brady violations would not occur: (1) Connick, the Officeâs sole policymaker, misunderstood Brady. (2) Other leaders in the Office, who bore direct responsibility for training less experienced prosecutors, were similarly uninformed about Brady. (3) Prosecutors in the Office received no Brady training. (4) The Office shirked its responsibility to keep prosecutors abreast of relevant legal developments concerning Brady requirements. As a result of these multiple shortfalls, it was hardly surprising that Brady violations in. fact occurred, severely undermining the integrity of Thompsonâs trials.
1
Connick was the Officeâs sole policymaker, and his testimony exposed a flawed understanding of a prosecutorâs Brady obligations. Connick admitted to the jury that his earlier understanding of Brady, conveyed in prior sworn testimony, had been too narrow. Tr. 181-182. Even at trial Connick persisted in misstating Bradyâs requirements. For example, Connick urged that there could be no Brady violation arising out of âthe inadvertent conduct of [an] assistant under pressure with a lot of ease load.â Tr. 188-189. The court, however, correctly instructed the jury that, in determining whether there has been a Brady violation, the âgood or bad faith of the prosecution does not matter.â Tr. 1094-1095.
2
The testimony of other leaders in the District Attorneyâs Office revealed similar misunderstandings. Those misunderstandings, the jury could find, were in large part responsible for the gross disregard of Brady rights Thompson experienced. Dubelier admitted that he never reviewed police files, but simply relied on the police to flag any potential Brady information. Tr. 542. The court, however, instructed the jury that an individual prosecutor has a âduty ... to learn of any favorable evidence known to others acting on the governmentâs behalf in the case, including the police.â Id., at 1095; Record 1614. Williams was asked whether âBrady material includes documents in the possession of the district attorney that could be used to impeach a witness, to show that heâs lyingâ; he responded simply, and mistakenly, âNo.â Tr. 381. The testimony of âhigh-ranking individuals in the Orleans Parish District Attorneyâs Office,â Thompsonâs expert explained, exposed âcomplete errors ... as to what Brady required [prosecutors] to do.â Id., at 427, 434. âDubelier had no understanding of his obligations under Brady whatsoever,â id., at 458, the expert observed, and Williams âis still not sure what his obligations were under Brady,â id., at 448. But cf. ante, at 57 (â[I]t was undisputed at trial that the prosecutors were familiar with the general Brady requirement that the State disclose to the defense evidence in its possession that is favorable to the accused.â).
The jury could attribute the violations of Thompsonâs rights directly to prosecutorsâ misapprehension of Brady. The prosecution had no obligation to produce the âclose-cut hairâ police reports, Williams maintained, because newspaper reports had suggested that witness descriptions were not consistent with Thompsonâs appearance. Therefore, Williams urged, the defense already âhad everything.â Tr. 139. Dubelier tendered an alternative explanation for the nondisclosure. In Dubelierâs view, the descriptions were not âinconsistent with [Thompsonâs] appearance,â as portrayed in a police photograph showing Thompsonâs hair extending at least three inches above his forehead. Id., at 171-172; Record EX73. Williams insisted that he had discharged the prosecutionâs duty to disclose the blood evidence by mentioning, in a motion hearing, that the prosecution intended to obtain a blood sample from Thompson. Tr. 393-394. During the armed robbery trial, Williams told one of the victims that the results of the blood test made on the swatch had been âinconclusive.â Id., at 962. And he testified in the §1983 action that the lab report was not Brady material âbecause I didnât know what the blood type of Mr. Thompson was.â Tr. 393. But see supra, at 84, n. 5 (District Court instructed the jury that the lab report was Brady material).
3
Connick should have comprehended that Orleans Parish prosecutors lacked essential guidance on Brady and its application. In fact, Connick has effectively conceded that Brady training in his Office was inadequate. Tr. of Oral Arg. 60. Connick explained to the jury that prosecutorsâ offices must âmake . . . very clear to [new prosecutors] what their responsibility [i]sâ under Brady and must not âgiv[e] them a lot of leeway.â Tr. 834-835. But the jury heard ample evidence that Connickâs Office gave prosecutors no Brady guidance, and had installed no procedures to monitor Brady compliance.
In 1985, Connick acknowledged, many of his prosecutors âwere coming fresh out of law school,â and the Officeâs â[h]uge turnoverâ allowed attorneys with little experience to advance quickly to supervisory positions. See Tr. 853-854, 832. By 1985, Dubelier and Williams were two of the highest ranking attorneys in the Office, id., at 342, 356-357, yet neither man had even five years of experience as a prosecutor, see supra, at 83, n. 3; Record EX746; Tr. 55, 571-576.
Dubelier and Williams learned the prosecutorial craft in Connickâs Office, and, as earlier observed, see supra, at' 95, their testimony manifested a woefully deficient understanding of Brady. Dubelier and Williams told the jury that they did not recall any Brady training in the Office. Tr. 170-171, 364.
Connick testified that he relied on supervisors, including Dubelier and Williams, to ensure prosecutors were familiar with their Brady obligations. Tr. 805-806. Yet Connick did not inquire whether the supervisors themselves understood the importance of teaching newer prosecutors about Brady. Riehlmann could not ârecall that [he] was ever trained or instructed by anybody about [his] Brady obligations,â on the job or otherwise. Tr. 728-729. Whittaker agreed it was possible for âinexperienced lawyers, just a few weeks out of law school with no training,â to bear responsibility for âdecisions on ... whether material was Brady material and had to be produced.â Id., at 319.
Thompsonâs expert characterized Connickâs supervision regarding Brady as âthe blind leading the blind.â Tr. 458. For example, in 1985 trial attorneys âsometimes . .. went to Mr. Connickâ with Brady questions, âand he would tell themâ how to proceed. Tr. 892. But Connick acknowledged that he had âstopped reading law books . . . and looking at opinionsâ when he was first elected District Attorney in 1974. Id., at 175-176.
As part of their training, prosecutors purportedly attended a pretrial conference with the Officeâs chief of trials before taking a case to trial. Connick intended the practice to provide both training and accountability. But it achieved neither aim in Thompsonâs prosecutions, for Dubelier and Williams, as senior prosecutors in the Office, were free to take cases to trial without pretrying them, and that is just how they proceeded in Thompsonâs prosecutions. Id., at 901-902; Record 685. But cf. ante, at 65 (â[T]rial chiefs oversaw the preparation of the cases.â).
Prosecutors confirmed that training in the District Attorneyâs Office, overall, was deficient. Soon after Connick retired, a survey of assistant district attorneys in the Office revealed that more than half felt that they had not received the training they needed to do their jobs. Tr. 178.
Thompson, it bears emphasis, is not complaining about the absence of formal training sessions. Tr. of Oral Arg. 55. But cf. ante, at 68. His complaint does not demand that Brady compliance be enforced in any particular way. He asks only that Brady obligations be communicated accurately and genuinely enforced. Because that did not happen in the District Attorneyâs Office, it was inevitable that prosecutors would misapprehend Brady. Had Bradyâs importance been brought home to prosecutors, surely at least one of the four officers who knew of the swatch and lab report would have revealed their existence to defense counsel and the court.
4
Louisiana did not require continuing legal education at the time of Thompsonâs trials. Tr. 361. But cf. ante, at 65. Primary responsibility for keeping prosecutors an courant with developments in the law, therefore, resided in the District Attorneyâs Office. Over the course of Connickâs tenure as District Attorney, the jury learned, the Officeâs chief of appeals circulated memoranda when appellate courts issued important opinions. Tr. 751-754, 798.
The 1987 Office policy manual was a compilation of memoranda on criminal law and practice circulated to prosecutors from 1974, when Connick became District Attorney, through 1987. Id., at 798. The manual contained four sentences, nothing more, on Brady. This slim instruction, the jury learned, was notably inaccurate, incomplete, and dated. Tr. 798-804, 911-918. But cf. ante, at 65 (âSenior attorneys also circulated court decisions and instructional memoranda to keep the prosecutors abreast of relevant legal developments.â). For example, the manual did not acknowledge what Giglio v. United States, 405 U. S. 150 (1972), made plain: Impeachment evidence is Brady material prosecutors are obligated to disclose.
In sum, the evidence permitted the jury to reach the following conclusions. First, Connick did not ensure that prosecutors in his Office knew their Brady obligations; he neither confirmed their familiarity with Brady when he hired them, nor saw to it that training took place on his watch. Second, the need for Brady training and monitoring was obvious to Connick. Indeed he so testified. Third, Connickâs cavalier approach to his staffâs knowledge and observation of Brady requirements contributed to a culture of inattention to Brady in Orleans Parish.
As earlier noted, see supra, at 88-89, Connick resisted an effort to hold prosecutors accountable for Brady compliance because he felt the effort would âmake [his] job more difficult.â Tr. 978. He never disciplined or fired a single prosecutor for violating Brady. Tr. 182-183. The jury was told of this Courtâs decision in Kyles v. Whitley, 514 U. S. 419 (1995), a capital case prosecuted by Connickâs Office that garnered attention because it featured âso many instances of the stateâs failure to disclose exculpatory evidence.â Id., at 455 (Stevens, J., concurring). When questioned about Kyles, Connick told the jury he was satisfied with his Officeâs practices and saw no need, occasioned by Kyles, to make any changes. Tr. 184-185. In both quantity and quality, then, the evidence canvassed here was more than sufficient to warrant a jury determination that Connick and the prosecutors who served under him were not merely negligent regarding Brady. Rather, they were deliberately indifferent to what the law requires.
B
In Canton, this Court spoke of circumstances in which the need for training may be âso obvious,â and the lack of training âso likelyâ to result in constitutional violations, that policymakers who do not provide for the requisite training âcan reasonably be said to have been deliberately indifferent to the needâ for such training. 489 U. S., at 390. This case, I am convinced, belongs in the category Canton marked out.
Canton offered an often-cited illustration. â[C]ity policymakers know to a moral certainty that their police officers will be required to arrest fleeing felons.â Ibid., n. 10. Those policymakers, Canton observed, equip police officers with firearms to facilitate such arrests. Ibid. The need to instruct armed officers about âconstitutional limitations on the use of deadly force,â Canton said, is ââso obvious,â that failure to [train the officers] could properly be characterized as âdeliberate indifferenceâ to constitutional rights.â Ibid.
The District Court, tracking Cantonâs language, instructed the jury that Thompson could prevail on his âdeliberate indifferenceâ claim only if the evidence persuaded the jury on three points. First, Connick âwas certain that prosecutors would confront the situation where they would have to decide which evidence was required by the Constitution to be provided to the accused.â Tr. 1099. Second, âthe situation involved a difficult choice[,] or one that prosecutors had a history of mishandling, such that additional training, supervision or monitoring was clearly needed.â Ibid. Third, âthe wrong choice by a prosecutor in that situation would frequently cause a deprivation of an accusedâs constitutional rights.â Ibid.; Record 1619-1620; see Canton, 489 U. S., at 390, and n. 10; Walker v. New York, 974 F. 2d 293, 297-298 (CA2 1992).
Petitioners used this formulation of the failure to train standard in pretrial and post-trial submissions, Record 1256â 1257, 1662, and in their own proposed jury instruction on deliberate indifference. Nor do petitioners dispute that Connick âkn[e]w to a moral certainty thatâ his prosecutors would regularly face Brady decisions. See Canton, 489 U. S., at 390, n. 10.
The jury, furthermore, could reasonably find that Brady rights may involve choices so difficult that Connick obviously knew or should have known prosecutors needed more than perfunctory training to make the correct choices. See Canton, 489 U. S., at 390, and n. 10. As demonstrated earlier, see supra, at 94-96, even at trial prosecutors failed to give an accurate account of their Brady obligations. And, again as emphasized earlier, see supra, at 96-98, the evidence permitted the jury to conclude that Connick should have known Brady training in his office bordered on âzero.â See Tr. of Oral Arg. 41. Moreover, Connick understood that newer prosecutors needed âvery clearâ guidance and should not be left to grapple with Brady on their own. Tr. 834-835. It was thus âobviousâ to him, the jury could find, that constitutional rights would be in jeopardy if prosecutors received slim to no Brady training.
Based on the evidence presented, the jury could conclude that Brady errors by untrained prosecutors would frequently cause deprivations of defendantsâ constitutional rights. The jury learned of several Brady oversights in Thompsonâs trials and heard testimony that Connickâs Office had one of the worst Brady records in the country. Tr. 163. Because prosecutors faced considerable pressure to get convictions, id., at 317, 341, and were instructed to âturn over what was required by state and federal law, but no more,â Brief for Petitioners 6-7, the risk was all too real that they would err by withholding rather than revealing information favorable to the defense.
In sum, despite Justice Scaliaâs protestations to the contrary, ante, at 72, 76, the Brady violations in Thompsonâs prosecutions were not singular and they were not aberrational. They were just what one would expect given the attitude toward Brady pervasive in the District Attorneyâs Office. Thompson demonstrated that no fewer than five prosecutors â the four trial prosecutors and Riehlmann â disregarded his Brady rights. He established that they kept from him, year upon year, evidence vital to his defense. Their conduct, he showed with equal force, was a foreseeable consequence of lax training in, and absence of monitoring of, a legal requirement fundamental to a fair trial.
c
Unquestionably, a municipality that leaves police officers untrained in constitutional limits on the use of deadly weapons places lives in jeopardy. Canton, 489 U. S., at 390, n. 10. But as this case so vividly shows, a municipality that empowers prosecutors to press for a death sentence without ensuring that those prosecutors know and honor Brady rights may be no less âdeliberately indifferentâ to the risk to innocent lives.
Brady, this Court has long recognized, is among the most basic safeguards brigading a criminal defendantâs fair trial right. See Cone v. Bell, 556 U. S. 449, 451 (2009). See also United States v. Bagley, 473 U. S. 667, 695 (1985) (Marshall, J., dissenting). Vigilance in superintending prosecutorsâ attention to Bradyâs requirement is all the more important for this reason: A Brady violation, by its nature, causes suppression of evidence beyond the defendantâs capacity to ferret out. Because the absence of the withheld evidence may result in the conviction of an innocent defendant, it is unconscionable not to impose reasonable controls impelling prosecutors to bring the information to light.
The Court nevertheless holds Cantonâs example inapposite. It maintains that professional obligations, ethics rules, and training â including on-the-job training â set attorneys apart from other municipal employees, including rookie police officers. Ante, at 64-68. Conniek âhad every incentive at trial to attempt to establishâ that he could reasonably rely on the professional education and status of his staff. Cf. ante, at 62, n. 6. But the jury heard and rejected his argument to that effect. Tr. 364, 576-577, 834-835.
The Court advances Connickâs argument with greater clarity, but with no greater support. On what basis can one be confident that law schools acquaint students with prosecutorsâ unique obligation under Brady? Whittaker told the jury he did not recall covering Brady in his criminal procedure class in law school. Tr. 335. Dubelierâs alma mater, like most other law faculties, does not make criminal procedure a required course.
Conniek suggested that the bar examination ensures that new attorneys will know what Brady demands. Tr. 835. Research indicates, however, that from 1980 to the present, Brady questions have not accounted for even 10% of the total points in the criminal law and procedure section of any administration of the Louisiana Bar Examination. A person sitting for the Louisiana Bar Examination, moreover, need pass only five of the exam's nine sections. One can qualify for admission to the profession with no showing of even passing knowledge of criminal law and procedure.
The majorityâs suggestion that lawyers do not need Brady training because they âare equipped with the tools to find, interpret, and apply legal principles,â ante, at 70, âblinks realityâ and is belied by the facts of this case. See Brief for Former Federal Civil Rights Officials and Prosecutors as Amici Curiae 13 (hereinafter Prosecutors Brief). Connick himself recognized that his prosecutors, because of their inexperience, were not so equipped. Indeed, âunderstanding and complying with Brady obligations are not easy tasks, and the appropriate way to resolve Brady issues is not always self-evident.â Prosecutors Brief 6. âBrady compliance,â therefore, âis too much at risk, and too fundamental to the fairness of our criminal justice system, to be taken for granted,â and âtraining remains critical.â Id., at 3, 7.
The majority further suggests that a prior pattern of similar violations is necessary to show deliberate indifference to defendantsâ Brady rights. See ante, at 57-59, and n. 4,63-64. The text of § 1983 contains no such limitation. Nor is there any reason to imply such a limitation. A district attorney's deliberate indifference might be shown in several ways short of a prior pattern. This case is one such instance. Connick created a tinderbox in Orleans Parish in which Brady violations were nigh inevitable. And when they did occur, Connick insisted there was no need to change anything, and opposed efforts to hold prosecutors accountable on the ground that doing so would make his job more difficult.
A district attorney aware of his office's high turnover rate, who recruits prosecutors fresh out of law school and promotes them rapidly through the ranks, bears responsibility for ensuring that on-the-job training takes place. In short, the buck stops with him. As the Court recognizes, âthe duty to produce Brady evidence to the defenseâ is â[a]mong prosecutorsâ unique ethical obligations.â Ante, at 66. The evidence in this case presents overwhelming support for the conclusion that the Orleans Parish Office slighted its responsibility to the profession and to the Stateâs system of justice by providing no on-the-job Brady training. Connick was not âentitled to rely on prosecutorsâ professional training,â ante, at 67, for Connick himself should have been the principal insurer of that training.
* * *
For the reasons stated, I would affirm the judgment of the U. S. Court of Appeals for the Fifth Circuit. Like that court and, before it, the District Court, I would uphold the juryâs verdict awarding damages to Thompson for the gross, deliberately indifferent, and long-continuing violation of his fair trial right.
Exhibits entered into evidence in Thompsonâs §1983 trial are herein cited by reference to the page number in the exhibit binder compiled by the District Court and included in the record on appeal.
The majority endorses the Fifth Circuitâs conclusion that, when Thompson was tried for murder, no Brady violation occurred with respect to these audio tapes â[bjecause defense counsel had knowledge of such evidence and could easily have requested access from the prosecution.â Thompson v. Cain, 161 F. 3d 802, 806-807 (1998); ante, at 69, n. 11. The basis for that asserted âknowledgeâ is a mystery. The recordings secretly made did not come to light until long after Thompsonâs trials.
At the time of their assignment, Dubelier had served in the District Attorneyâs Office for three and a half years, Williams, for four and a half years, Deegan, a recent law school graduate, for less than one year, and Whittaker, for three years.
Connick did not dispute that failure to disclose the swatch and the crime lab report violated Brady. See Tr. 46, 1095. But cf. ante, at 57, 59 (limiting Conniekâs concession, as Connick himself did not, to failure to disclose the crime lab report).
In Justice Scaliaâs contrary view, â[t]here was probably no Brady violation at all,â or, if there was any violation of Thompsonâs rights, it âwas surely on the very frontier of our Brady jurisprudence,â such that âCon-nick could not possibly have been on noticeâ of the need to train. Ante, at 78. Conniekâs counsel, however, saw the matter differently. â[A]ny reasonable prosecutor would have recognized blood evidence as Brady material,â he said, indeed âthe proper responseâ was âobvious to all.â Record 1663,1665.
The majority assails as âhighly suspectâ the suggestion that prosecutors violated Brady by failing to disclose the bloodstained swatch. See ante, at 69, n. 11. But the parties stipulated in Thompsonâs § 1983 action, and the jury was so informed, that, â[p]rior to the armed robbery trial, Mr. Thompson and his attorneys were not advised of the existence of the blood evidence, that the evidence had been tested, [or] that a blood type was determined definitively from the swatch . . . .â Tr. 46. Consistent with this stipulation, Thompsonâs trial counsel testified that he spoke to â[t]he clerk who maintained] the evidenceâ and learned that â[t]hey didn't have any blood evidence.â Id., at 401. And the District Court instructed the jury, with no objection from Conniek, âthat the nonproduced blood evidence . . . violated [Thompsonâs] constitutional rights as a matter of law.â Id., at 1095.
Justice Scalia questions petitionersâ concession that Brady was violated when the prosecution failed to inform Thompson of the blood evidence. He considers the evidence outside Brady because the prosecution did not endeavor to test Thompsonâs blood, and therefore avoided knowing that the evidence was in fact exculpatory. Ante, at 77-78. Such a âdonât ask, donât tellâ view of a prosecutorâs Brady obligations garners no support from precedent. See also supra, at 83, n. 4; infra, at 98, n. 13.
During jury deliberations in the armed robbery case, Williams, the only Orleans Parish trial attorney common to the two prosecutions, told Thompson of his objective in no uncertain terms: âIâm going to fry you. You will die in the electric chair.â Tr. 252-253.
The Louisiana Court of Appeal concluded, and Conniek does not dispute, that Thompson âwould have testified in the absence of the attempted armed robbery conviction.â State v. Thompson, 2002-0361, p. 7 (7/17/02), 825 So. 2d 552, 556. But cf. ante, at 54, 55 (Thompson âelectedâ not to testify).
Thompson argued that âthe State failed to produce police reports âand other informationâ which would have identified âeye- and ear-witnessesâ whose testimony would have exonerated him and inculpated [Freeman], . . . and would have shown that [Perkins,] . . . who stated [he] heard [Thompson] admit to committing the murder[,] had been promised reward money for [his] testimony.â Thompson, 825 So. 2d, at 555. In leaving these arguments unaddressed, the Louisiana Court of Appeal surely did not defer to the Fifth Circuitâs earlier assessment of those claims, made on an anemic record, in Thompson v. Cain, 161 F. 3d 802. Nor did the Louisiana Court of Appeal suggest that Thompson was âbelatedly tr[ying] to reverseâ the Fifth Circuitâs decision. But cf. ante, at 69, n. 11.
The Court notes that in Thompson v. Cain, the Ffth Circuit rejected Brady claims raised by Thompson, characterizing one of those claims as âwithout merit.â Ante, at 69, n. 11 (quoting Thompson, 161 F. 3d, at 807); see supra, at 81, n. 2. The Court, however, overlooks the date of that Ffth Circuit decision. It was rendered before revelation of the Brady violations in the armed robbery trial, before Thompson had the opportunity for discovery in his § 1983 suit, and before Thompson or any court was aware of the âclose cut hairâ police reports. See Thompson, 161 F. 3d, at 812, n. 8. It is these later revelations, not the little Thompson knew in 1998, that should count. For example, the Fifth Circuit, in 1998, believed that Perkinsâ statement recorded in the police report did not âdiffer from Freemanâs trial testimony.â Id., at 808. But evidence put before the jury in 2007 in the § 1983 trial showed that the police report, in several material respects, was inconsistent with Freemanâs trial testimony. Tr. 382-383.
Connick has never suggested to this Court that the jury in the § 1983 trial was bound by the Fifth Circuitâs 1998 Brady rulings. That court âaÂŁford[ed] great deference toâ the state trial courtâs findings, made after a 1995 postconviction relief hearing. Thompson, 161 F. 3d, at 805. The jury in the §1983 trial, of course, had far more extensive and accurate information on which to reach its decision. Moreover, as earlier noted, the same trial court that made the 1995 findings was, in 1999, outraged by the subsequently discovered Brady violations and by Connickâs reluctance to bring those violations to light. See supra, at 88. Certainly that judge would not have wanted the jury that assessed Connickâs deliberate indifference in the § 1983 trial to defer to findings he earlier made on a notably incomplete record.
The court permitted Thompson to introduce evidence of other Brady violations, but because âthe blood evidence alone proved the violation [of Thompsonâs constitutional rights],â the court declined specifically âto ask the jury [whether] this other stuff [was] also Brady.â Tr. 1003. The court allowed Thompson to submit proof of other violations to âsho[w] the cumulative nature .. . and impact [of] evidence .. . as to . .. the training and deliberate indifference . . . .â Ibid. But cf. ante, at 69, n. 11 (questioning how âthese violations are relevantâ to this case). Far from indulging in my own factfindings, but ef. ibid., I simply recite the evidence supporting the juryâs verdict in Thompsonâs § 1983 trial.
The Court misleadingly states that âthe District Court instructed the jury that the âonly issueâ was whether the nondisclosure [of the crime lab report] was caused by either a policy, practice, or custom of the district attorneyâs office or a deliberately indifferent failure to train the officeâs prosecutors.â Ante, at 57. The jury instruction the majority cites simply directed the jury that, with regard to the blood evidence, as a matter of law, Thompsonâs constitutional rights had been violated. Record 1614-1615. The court did not preclude the jury from assessing evidence of other infringements of Thompsonâs rights. Id., at 1585; see Kyles v. Whitley, 514 U. S. 419, 421 (1995) (â[T]he stateâs obligation under Brady . . . turns on the cumulative effect of all. . . evidence suppressed by the government....â).
With no objection from petitioners, the court found Thompsonâs expert, Joseph Lawless, qualified to testify as an expert in criminal law and procedure. Tr. 419, 426. Lawless has practiced criminal law for 30 years; from 1976 to 1979, he was an Assistant District Attorney, and thereafter he entered private practice. Id., at 412. He is the author of Prosecutorial Misconduct: Law, Procedure, Forms (4th ed. 2008), first published in 1985. Tr. 414. The text is used in a class on ethics and tactics for the criminal lawyer at Harvard Law School and in the federal defender training program of the Administrative Office of the United States Courts. Id., at 416.
To ward off Brady violations of the kind Connick conceded, for example, Connick could have communicated to Orleans Parish prosecutors, in no uncertain terms, that, â[i]f you have physical evidence that, if tested, can establish the innocence of the person who is charged, you have to turn it over.â Tr. of Oral Arg. 34; id., at 36 (â[I]f you have evidence that can conclusively establish to a scientific certainty the innocence of the person being charged, you have to turn it over . . . .â). Or Connick could have told prosecutors what he told the jury when he was asked whether a prosecutor must disclose a crime lab report to the defense, even if the prosecutor does not know the defendantâs blood type: âUnder the law it qualifies as Brady material. Under Louisiana law we must turn that over. Under Brady we must turn that over.â Tr. 872. But cf. ante, at 78 (Scaua, J., concurring) (questioning how Connick could have been on notice of the need to train prosecutors about the Brady violations conceded in this ease).
The Court can scarcely disagree with respect to Dubelier, Williams, and Whittaker, for it acknowledges the âflagran[cy]â of Deeganâs conduct, see ante, at 60, n. 5, and does not dispute that, pretrial, other prosecutors knew of the existence of the swatch and lab report.
Section 5.25 of the manual, titled âBrady Material,â states in full:
âIn most cases, in response to the request of defense attorneys, the Judge orders the State to produce so called Brady material â that is, information in the possession of the State which is exculpatory regarding the defendant. The duty to produce Brady material is ongoing and continues throughout the entirety of the trial. Failure to produce Brady material has resulted in mistrials and reversals, as well as extended court battles over jeopardy issues. In all cases, a review of Brady issues, including apparently self-serving statements made by the defendant, must be included in a prĂ©-trial conference and each Assistant must be familiar with the law regarding exculpatory information possessed by the State.â Record EX427.
During the relevant time period, there were many significant developments in this Courtâs Brady jurisprudence. Among the Brody-related decisions this Court handed down were United States v. Bagley, 473 U. S. 667, 676 (1985) (âThis Court has rejected any . . . distinction between impeachment evidence and exculpatory evidence [in the Brady context].â); Weatherford v. Bursey, 429 U. S. 545, 559-560 (1977) (âBrady is not implicated ... where the only claim is that the State should have revealed that it would present the eyewitness testimony of a particular agent against the defendant at trial.â); and United States v. Agurs, 427 U. S. 97,103,104, 106-107 (1976) (Brady claim may arise when âthe undisclosed evidence demonstrates that the prosecutionâs case includes perjured testimony and that the prosecution knew, or should have known, of the perjury,â when defense counsel makes âa pretrial request for specific evidenceâ and the government fails to accede to that request, and when defense counsel makes no request and the government fails to disclose âobviously exculpatoryâ evidence). These decisions were not referenced in the manual that compiled circulated memoranda.
In the same period, the Louisiana Supreme Court issued dozens of opinions discussing Brady, including State v. Sylvester, 388 So. 2d 1155, 1161 (1980) (impeachment evidence must be disclosed in response to a specific request if it would create a âreasonable doubt that did not otherwise existâ); State v. Brooks, 386 So. 2d 1348,1351 (1980) (Brady extends to any material information favorable to the accused); and State v. Carney, 334 So. 2d 415, 418-419 (1976) (reversible error if prosecution fails, even inadvertently, to disclose bargain with a witness).
Justice Scalia contends that this âtheory of deliberate indifference would repeal the law of Monell [v. New York City Dept. of Social Servs., 436 U. S. 658 (1978)],â and creates a danger that â'failure to trainâ would become a talismanic incantation producing municipal liability [i]n virtually every instance where a person has had his or her constitutional rights violated by a city employee.â Ante, at 73-74 (some internal quotation marks omitted). The District Courtâs charge, however, cautiously cabined the juryâs assessment of Connickâs deliberate indifference. See, e. g., Tr. 1100 (âMr. Thompson must prove that more likely than not the Brady material would have been produced if the prosecutors involved in his underlying criminal cases had been properly trained, supervised or monitored regarding the production of Brady evidence.â). See also id., at 1096-1097, 1099-1100.
The deliberate indifference jury instruction in this case was based on the Second Circuitâs opinion in Walker v. New York, 974 F. 2d 293, 297-298 (1992), applying Canton to a § 1983 complaint alleging that a district attorney failed to train prosecutors about Brady. Justice Scaliaâs fears should be calmed by post-Walker experience in the Second Circuit. There has been no âlitigation flood or even rainfall,â Skinner v. Switzer, 562 U. S. 521, 535 (2011), in that Circuit in Walkerâs wake. See Brief for National Association of Criminal Defense Lawyers as Amicus Curiae 39 (âTellingly, in the Second Circuit, in the nearly 20 years since the court decided Walker, there have been no successful lawsuits for non-Brady constitutional violations committed by prosecutors at trial (and no reported âsingle violationâ Brady ease).â (citation omitted)); Brief for Center on the Administration of Criminal Law, New York University School of Law et al. as Amici Curiae 35-36 (Walker has prompted âno flood of §1983 liabilityâ).
The instruction Connick proposed resembled the charge given by the District Court. See supra, at 101. Connickâs proposed instruction read: âBefore a district attorneyâs failure to train or supervise constitutes deliberate indifference to the constitutional rights of citizens: (1) the plaintiff must show that Harry Connick knew âto a moral certaintyâ that his employees will confront a given situation; (2) the plaintiff must show that the situation either presents the employee with a difficult choice ... such that training or supervision will make the choice less difficult or that there is a history of employees mishandling the situation; and (3) the plaintiff must show that the wrong ehoice by the assistant district attorney will frequently cause the deprivation of a citizenâs constitutional rights.â Record 992 (citing Canton, 489 U. S., at 390; punctuation altered). But cf. ante, at 74 (Scalia, J., concurring) (criticizing âThompsonâs theoryâ of deliberate indifference).
Petitioners, it is true, argued all along that â[t]o prove deliberate indifference, Thompson had to demonstrate a pattern of violations,â Brief for Appellants in No. 07-30443 (CA5), p. 41; see ante, at 74-75 (Scalia, J., concurring), but the court rejected their categorical position. Petitioners did not otherwise assail the District Courtâs formulation of the deliberate indifference instruction. E. g., Record 1662.
Courts have noted the often trying nature of a prosecutorâs Brady obligation. See, e. g., State v. Whitlock, 454 So. 2d 871, 874 (La. App. 1984) (recognizing, in a case involving Brady issues in Connickâs Office, that âit is usually most difficult to determine whether or not inconsistencies or omitted information in witnessesâ statements are material to the defendantâs guiltâ (quoting State v. Davenport, 399 So. 2d 201, 204 (La. 1981))).
The jury could draw a direct, causal connection between Connickâs deliberate indifference, prosecutorsâ misapprehension of Brady, and the Brady violations in Thompsonâs case. See, e. g., supra, at 94 (prosecutorsâ misunderstandings of Brady âwere in large part responsible for the gross disregard of Brady rights Thompson experiencedâ); supra, at 95 (âThe jury could attribute the violations of Thompsonâs rights directly to prosecutorsâ misapprehension of Brady.â)-, supra, at 94-95 (Williams did not believe Brady required disclosure of impeachment evidence and did not believe he had any obligation to turn over the impeaching âclose-cut hairâ police reports); supra, at 95 (At the time of the armed robbery trial, Williams reported that the results of the blood test on the swatch were âinconclusive.â); ibid. (âIWilliams] testified ... that the lab report was not Brady material... .â); supra, at 96 (Dubelier and Williams, the lead prosecutors in Thompsonâs trials, âlearned the prosecutorial craft in Conniekâs Office,â âdid not recall any Brady training,â demonstrated âa woefully deficient understanding of Brady,â and received no supervision during Thompsonâs trials); supra, at 98 (âHad Brady's importance been brought home to prosecutors, surely at least one of the four officers who knew of the swatch and lab report would have revealed their existence to defense counsel and the court.â); supra, at 100 (Connick did not want to hold prosecutors accountable for Brady compliance because he felt that doing so would make his job more difficult); supra, at 100 (Connick never disciplined a single prosecutor for violating Brady)-, supra, at 103 and this page (âBecause prosecutors faced considerable pressure to get convictions, and were instrueted to turn over what was required by state and federal law, but no more, the risk was all too real that they would err by withholding rather than revealing information favorable to the defense.â (citations and internal quotation marks omitted)). But ef. ante, at 60, n. 5 (âThe dissent believes that evidence that the prosecutors allegedly âmisapprehen[ded]â Brady proves causation.â).
I note, furthermore, that the jury received clear instructions on the causation element, and neither Conniek nor the majority disputes the accuracy or adequacy of the instruction that, to prevail, Thompson must prove âthat more likely than not the Brady material would have been produced if the prosecutors involved in his underlying criminal cases had been properly trained, supervised or monitored regarding the production of Brady evidence.â Tr. 1100.
The jury was properly instructed that â[f]or liability to attach because of a failure to train, the fault must be in the training program itself, not in any particular prosecutor.â Id., at 1098. Under that instruction, in finding Conniek liable, the jury necessarily rejected the argumentâ echoed by Justice Scalia â that Deegan âwas the only bad guy.â Id., at 1074. See also id., at 1057; ante, at 76. If indeed Thompson had shown simply and only that Deegan deliberately withheld evidence, I would agree that there would be no basis for liability. But, as reams of evidence showed, disregard of Brady occurred, over and over again in Orleans Parish, before, during, and after Thompsonâs 1985 robbery and murder trials.
See Tulane University Law School, Curriculum, http://www.law. tulane.edu (select âAcademicsâ; select âCurriculumâ) (as visited Mar. 21, 2011, and in Clerk of Courtâs case file).
See Supreme Court of Louisiana, Committee on Bar Admissions, Compilation of Louisiana State Bar Examinations, Feb. 1980 through July 2010 (available in Clerk of Courtâs case file).
See La. State Bar Assn., Articles of Incorporation, Art. 14, § 10(A), La. Rev. Stat. Ann. § 37, ch. 4, App. (West 1974); ibid. (West 1988).
Board of Commârs of Bryan Cty. v. Brown, 520 U. S. 397 (1997), reaffirmed âthat evidence of a single violation of federal rights, accompanied by a showing that a municipality has failed to train its employees to handle recurring situations presenting an obvious potential for such a violation, could trigger municipal liability.â Id., at 409. Conducting this inquiry, the Court has acknowledged, âmay not be an easy task for the factfinder.â Canton v. Harris, 489 U. S. 378, 391 (1989). Bryan County did not retreat from this Courtâs conclusion in Canton that âjudge and jury, doing their respective jobs, will be adequate to the task.â 489 U. S., at 391. See also Bryan Cty., 520 U. S., at 410 (absent a pattern, municipal liability may be predicated on âa particular glaring omission in a training regimenâ). But cf. ante, at 68-70 (suggesting that under no set of faets could a plaintiff establish deliberate indifference for failure to train prosecutors in their Brady obligation without showing a prior pattern of violations).
When Congress sought to render a claim for relief contingent on showing a pattern or practice, it did so expressly. See, e. g., 42 U. S. C. § 14141(a) (âIt shall be unlawful for any governmental authority ... to engage in a pattern or practice of conduct by law enforcement officers ... that deprives persons of rights . .. protected by the Constitution .. ..â); 15 U. S. C. § 6104(a) (âAny person adversely affected by any pattern or practice of telemarketing... may... bring a civil action....â); 49 U. S. C. § 306(e) (authorizing the Attorney General to bring a civil action when he âhas reason to believe that a person is engaged in a pattern or practice [of] violating this sectionâ). See also 47 U. S. C. §532(e)(2)-(3) (authorizing the Federal Communications Commission to establish additional rules when âthe Commission finds that the prior adjudicated violations of this section constitute a pattern or. practice of violationsâ).
In the end, the majority leaves open the possibility that something other than âa pattern of violationsâ could also give a district attorney âspecific reasonâ to know that additional training is necessary. See ante, at 67. Connick, by his own admission, had such a reason. See supra, at 96-98.
For example, a prosecutorâs office could be deliberately indifferent if it had a longstanding open-file policy, abandoned that policy, but failed to provide training to show prosecutors how to comply with their Brady obligations in the altered circumstances. Or a district attorney could be deliberately indifferent if he had a practice of pairing well-trained prosecutors with untrained prosecutors, knew that such supervision had stopped untrained prosecutors from committing Brady violations, but nevertheless changed the staffing on cases so that untrained prosecutors worked without supervision.
If the majority reads this statement as an endorsement of respondeat superior liability, ante, at 70, n. 12, then it entirely âmisses [my] point,â cf. ante, at 69. Canton recognized that deliberate indifference liability and respondeat superior liability are not one and the same. 489 U. S., at 385, 388-389. Connick was directly responsible for the Brady violations in Thompsonâs prosecutions not because he hired prosecutors who violated Brady, but because of his own deliberate indifference.