When law enforcement officers engage in misconduct toward citizens, such as committing acts of police brutality like excessive force, malicious assault and battery, sexual assault, or torture, victims of police brutality may pursue legal claims against the offending officers to recover financial compensation and accountability from those individuals. However, individual police officers may not have the financial resources to fully compensate civil rights victims for the economic and emotional losses they’ve suffered due to police brutality.
As a result, victims may choose to pursue claims against police departments and local governments. Courts call such cases “Monell claims.” Understanding the link between Monell claims and police brutality can help you evaluate your legal rights and options to seek recovery and justice when you’ve suffered a deprivation of your civil rights due to law enforcement misconduct.
Contact The Zeiger Firm today to learn more about whether you have a valid Monell claim.
What Is a Monell Claim?
A Monell claim comes from the U.S. Supreme Court case of Monell v. Department of Social Services, 436 U.S. 658. In Monell, the Court held that municipal governments could be held liable by civil rights plaintiffs who had suffered deprivations of their civil rights through the actions of local officials acting under color of law under 42 U.S.C. §1983.
Although prior cases had held that municipal governments were not “persons” under §1983, the Monell doctrine states that a municipality could be held accountable for constitutional violations caused by the official government policy or custom that allowed these violations to occur. A policy could include “a policy statement, ordinance, regulation, or decision officially adopted and promulgated” by a municipal government or its agencies. A governmental “custom” could also support municipal liability under a §1983 claim even if a municipality’s or local agency’s governing body or chief officers had not formally approved such customs.
However, the Monell Court expressly distinguished between claims against a local government for constitutional violations caused by a policy or custom and claims against individual government officials who violated individuals’ rights while acting under color of law. The Court explicitly ruled that a victim of a civil rights violation could not subject a local government to employer liability (respondeat superior) under §1983 based on an individual employee’s actions.
Establishing Liability in a Monell Claim
Victims of civil rights violations by law enforcement may have avenues for defending against police brutality with Monell claims. To succeed in a Monell claim against a municipal government or local agency, a plaintiff must establish several elements, including:
- A Deprivation of a Civil or Constitutional Right – Claimants bringing Monell lawsuits must provide evidence that they suffered a violation of some clearly established civil or constitutional right.
- An Official Government Policy or Custom – A plaintiff must provide evidence establishing the existence of an unconstitutional policy or custom that required or encouraged officials to violate individuals’ civil rights or acquiesce to officials’ misconduct. In many cases, policies or customs involve a police department’s or local government’s practice of refusing to investigate or discipline incidents of police officer misconduct, such as significant rights violations like excessive police force incidents or fatal police shootings, demonstrating the government was deliberately indifferent to officers’ repeated violations of people’s rights.
- A Causal Link Between the Policy/Custom and a Violation of Civil/Constitutional Rights – A plaintiff pursuing Monell claims must demonstrate a logical link between the municipal government’s or local police department’s policy or custom and the unconstitutional actions suffered by the plaintiff. Plaintiffs can present evidence demonstrating that local officials should have foreseen that their policy or custom would lead to the civil rights violation suffered by a plaintiff.
Monell Liability in Civil Rights Lawsuits
People who suffer a deprivation of their civil or constitutional rights due to police brutality or misconduct have the option of using Monell claims for police accountability. In addition to pursuing individual claims against the officers responsible for the misconduct, civil rights victims can pursue Monell claims against police departments and local government to seek financial responsibility for police misconduct. The hope is that such consequences will motivate local governments to reform their law enforcement departments to prevent future incidents of police brutality.
A successful Monell claim against a local government should put governing officials on notice that a policy or custom exists in their police department that causes civil rights violations. Without efforts to correct those systemic issues, a local government may face liability in future Monell claims.
Challenges in Monell Claims
Some of the frequent challenges that defendants or civil rights claimants face regarding unlawful police practices and Monell claims include the following:
- Qualified Immunity Doctrine – Civil rights claimants pursuing Monell claims against municipal governments may find it challenging to hold the government liable when courts determine that officers enjoy qualified immunity against the claimant’s civil rights claims against the individual officers.
- Proving the Existence of Policies or Customs – Plaintiffs in Monell claims face challenges in proving the existence of a policy or custom causally connected to the deprivation of the plaintiff’s constitutional rights. In many cases, courts reject Monell claims when plaintiffs present isolated incidents of police misconduct that cannot support finding a pattern, policy, or custom of violating civilians’ rights.
- Needing Expert Testimony – Sometimes, a person bringing a Monell claim may require expert testimony to establish systemic failures by law enforcement or governmental leadership. Such testimony may focus on explaining law enforcement best practices for preventing or appropriately responding to incidents of police misconduct.
If you would like to seek justice following a violation of your civil rights, The Zeiger Firm wants to help.
Contact an Experienced Civil Rights and Criminal Defense Lawyer for Help with Your Monell Claim
If you’ve suffered injuries or harm due to police brutality, you may have legal claims against law enforcement departments and local governments when they have customs or policies that tolerate or facilitate officer misconduct. However, you need experienced legal representation to help with proving a Monell claim against a municipal government. Contact The Zeiger Firm today for a free and confidential consultation with a civil rights and criminal defense attorney to learn more about your options for pursuing Monell-related claims.
