Cooper v. Sheriff's Office et al

Filing 138

DECISION AND ENTRY OVERRULING DEFENDANT'S MOTION FOR RECONSIDERATION (DOC. # 133 )- Although actions taken by an official with final decision-making authority may give rise to municipal liability, liability may also arise as the result of an unw ritten custom, policy or practice. As the Court previously held, based on Wilson's testimony that suicidal inmates are often deprived of mattresses, a reasonable jury could find that Montgomery County had an unwritten policy, custom or practice that was the driving force behind thealleged constitutional violation. Doc. # 123 , PagelD#1363. For these reasons, the Court OVERRULES Defendant Montgomery County's Motion for Reconsideration, Doc. # 133 . Signed by Judge Walter H. Rice on 10/16/17. (kma)

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