Page 83 - North Carolina 2020 Legal Guide
P. 83
Task: Duties of Supervisor
Shaw v. Stroud, 13 F.3d 791 (4 Cir. 1994).
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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.
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