Page 83 - North Carolina 2020 Legal Guide
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Task: Duties of Supervisor


           Shaw v. Stroud, 13 F.3d 791 (4 Cir. 1994).
                                                                  th

                Supervisor may be liable for acts of subordinate even where

                supervisor has no direct involvement if the supervisor has failed to

                document and take corrective action for prior similar acts of

                misconduct.

           Elements of Supervisory Liability:


           • Supervisor had actual or constructive knowledge that subordinate

                was engaged in conduct that posed a pervasive and unreasonable

                risk of constitutional injury.


           • Supervisor’s response or lack of response showed deliberate
                indifference or tacit authorization of the officer’s conduct.


           • Causal Link between supervisor’s inaction and the injury that

                occurred.






                                     ©2020 Jack Ryan  Legal & Liability Risk Management Institute                                    82
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