In the case of Board of County Commissioners of Bryan County, Oklahoma v. Jill Brown et al., 1996, the U.S. Supreme Court ruled that a local government could be held liable for its hiring decisions if it was found to have been deliberately indifferent in employing an individual with a known propensity for misuse of authority which led to constitutional violations. The case arose when Stacey Burns, who had previously pleaded guilty to offenses involving violence and driving under influence (DUI), was hired as a reserve deputy sheriff by his cousin, Sheriff Moore. During an arrest attempt on Jill Brown's husband Bobby Joe Brown, Burns used excessive force causing severe injuries to Mrs. Brown who sued both Burns and Bryan County claiming violation of her Fourth Amendment rights against unreasonable seizures through use of excessive force during arrest.

In the dissenting opinion for Board of County Commissioners of Bryan County, Oklahoma v. Jill Brown et al., Justice Breyer argued that a single hiring decision could not be considered an official policy under Monell v. Department of Social Services (1978). He contended that such a broad interpretation would make municipalities liable for every constitutional tort committed by their employees, which was not the intent behind §1983 liability as established in Monell. Furthermore, he disagreed with the majority's view on causation and believed it should require more than just "but-for" causality to establish municipal liability; instead, there must be direct causal links between municipal action and violation of rights. Lastly, he expressed concern about potential negative consequences this ruling might have on local governments' ability to function effectively due to increased exposure to litigation.