A major city in Florida needed to hire more officers. The city went on a recruiting campaign and hired about 30 new officers in less than two months. One of the new hires, Joe, is arrested and convicted of rape
The rape occurred while Joe was on duty. It appears that this was the third time he had been arrested for rape. The city had hired him without running a background check. The victim sues both Joe and the city for civil damages. Joe has no money, so the victim's only chance of recovery is from the city. Is the city liable under Section 1983?
Probably recovery would be allowed based on the city's negligence in failing to conduct a background check on an applicant for a policing position. Here the case against Joe would be for the intentional tort of rape. Against the city the case would be for negligence based on the failure to conduct an adequate prehire screening.
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