A Monell Claim is a claim against a municipality based on either a failure to train or a failure to supervise. The claim is based on a case called Monell v. Department of Social Services of the City of New York, which is cited at 436 U.S. 658 (1978).
An example of failure to train would be having a policy that allowed police to use an unreasonable amount of force against arrestees or a policy of going into citizens homes’ without a warrant. If the plaintiff can show the policy of the police department is to actively violate a constitutionally protected right under 1983, then a Monell claim for failure to train exists.
Another example of failure to train is where the local prison does not have a proper method for computing time credit for prisoners. As a result, a prisoner remains in custody beyond his statutory maximum, which shows a failure to train.
An example of failure to supervise is when the officer being sued has a long history of founded complaints of police brutality or other types of founded complaints and the police force has kept the person on the job. This is a clear showing that the police force did not supervise the officer properly. An example is when an officer tases someone in a routine arrest and has 16 complaints of excessive force with a taser, 10 of which were founded complaints.
Call now for a free consultation with Brian J. Zeiger, Esquire. When you call, you will speak with a real attorney who will personally arrange your free consultation. Call us now at 215.546.0340 or fill out the form. Our Philadelphia Monell Claim Lawyers are standing by.
