You may be able to file a Monell claim against a state if there is evidence to show that:
- There is a state-level policy that puts people in harm’s way.
- The policy in question led to a violation of your constitutional rights.
- The policy in question was a primary or sole cause of your injuries.
- Your injuries are worth the amount of money you are seeking in compensation.
Our Monell claim lawyers can help determine whether you have a valid case.
States Must Protect Your Rights Against Violations
It should go without saying that state-level entities, such as the government and police departments, are supposed to protect the citizens within that state. They are not allowed to enact and enforce policies that could cause needless, preventable harm to others, such as:
- Failing to provide proper equipment or training to police officers
- Failing to implement or enforce a no-chase policy
- Protecting unruly officers rather than punishing and/or retraining them
- Implementing any policies that allow the police to put their jobs or their reputations over public safety
What Is a Monell Claim?
The concept of a Monell claim is based on a U.S. Supreme Court decision from 1978, Monell v. Department of Social Services. The Court ruled that people have a right to sue a local government if the four elements listed above are met.
Thanks to this ruling, certain people across the United States now have a legal path to holding negligent, state-level bodies accountable and recovering compensation for police chase injuries.
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(888) 585-2188
Monell Claims and the Constitution
Once you identify the policy that caused you harm, you need to explain how it violates your constitutional rights. Many Monell cases end up relying on Section 1 of the U.S. Constitution’s 14th Amendment, which says:
“No State shall… deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
How Does the 14th Amendment Apply to Your Monell Case?
If you sustained any injury, loss of property, or loss of a loved one thanks to the police’s reckless actions, they have violated your right to “life, liberty,” and “property,” and to “equal protection.” They have very clearly failed to protect you. For that reason, they can be sued under the Monell Doctrine.
Proving Monell Liability for Your Police Chase Injuries
To bring a Monell claim against a state, you need to do more than prove that the state’s policy and an officer’s subsequent actions violated your rights; you need to show that this violation directly and negatively impacted your life. For example:
- You suffered painful physical injuries that affect your ability to function the way you normally do.
- You were traumatized by the accident and resulting injuries, leading to new or worsened mental illness symptoms.
- Your quality of life has suffered since the incident. You are unable to enjoy certain activities or complete necessary living tasks as you did before.
- The injury has affected your career. You either had to take time off to recover, lost your job, or are no longer able to work/earn as much as you did.
- You had to pay for medical care to treat your injuries or cope with permanent injuries.
Proving Your Monell Claim Against a State
Merely stating that these types of injuries were caused by the police chase is not enough. You and your legal team have to find strong evidence of the connection between the two. Such evidence might include:
- Photos or videos of the chase and/or crash
- Statements from witnesses who saw how the police were acting
- Reports of other incidents where the state or the state police behaved unconstitutionally
- Records and bills from your doctor
- A department policy or custom
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Evaluating the Worth of Your Police Pursuit Case
The right to file a Monell case after a destructive police chase is important for two reasons. First, it shows the police that they cannot get away with behaving however they like and, with any luck, pushes them to adopt better policies.
The second reason is that it allows you to recover financial damages that can help you make up for your losses, support your family, and rebuild your life. If your Monell claim is successful, the state could end up paying you damages if:
- A police car hits you during a chase
- You lost a loved one in a fatal police chase
- You needed expensive medical care after suffering police chase injuries
How Much You Can Get in a Monell Claim
Since everyone’s case is different, the best way to find out the value of your personal injury case is by hiring a Monell case attorney to provide a personalized assessment. They will take into account:
- The extent of the recklessness displayed by the state
- How serious your injuries are
- The losses you sustained
- The estimated worth of probable future losses
- The amount of evidence available to prove your case
It Is Only Fair That the State Pay Your Damages
If you are injured during a chase, you should not be the one to pay for your injuries and losses. A personal injury lawyer can hold the state or any other liable party responsible for their actions and, in the process, recover fair compensation for you.
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You Deserve Compensation for Your Police Chase Injuries
Jenner Law can help you bring a Monell claim against any organization whose harmful policies contributed to your injuries, up to and including a state police department or government. Call us for a free consultation today and let our team tell you more about the Monell claim elements that make up a successful case.
Call or text (888) 585-2188 or complete a Free Case Evaluation form