A Monell claim is based on the Monell doctrine, a 1978 decision by the U.S. Supreme Court. Under this doctrine, individuals can challenge individual law enforcement officers, municipalities, and police policies when misconduct (in certain situations) causes harm or violates their constitutional rights.
If you believe you have a valid case, you should discuss your options with a Monell claim lawyer who handles these cases regularly. They will be familiar with this doctrine and how to hold a government agency liable.
What Is the Purpose of a Monell Claim?
Because of the nature of their jobs, law enforcement officers must make careful decisions when interacting with the public, pursuing fleeing suspects, and making arrests.
Under the Monell decision, victims can seek compensation, accountability, and change from not only the officers involved but also the agency or municipality responsible for the policies that allowed the officer misconduct. For example, victims often use Monell claims when addressing police chase injuries. Many police departments have policies against police pursuits. When an officer engages in a high-speed police chase, innocent victims can suffer injuries.
Monell claims provide an effective way to protect an individual’s civil rights and hold law enforcement accountable for misconduct. It also plays a significant role in bringing to light and addressing systemic issues with police policy and overreach.
For a free legal consultation, call,
(888) 585-2188
What Are the Laws Related to Monell Liability?
The Monell doctrine comes directly from Monell v. Department of Social Services. This civil rights litigation made it possible to hold local governments and government agencies liable for officer misconduct under 42 U.S. Code § 1983.
These claims allow individuals to pursue a case when the agency has policies or customs that violate people’s constitutional rights. Some examples of this could include:
- When an agency or municipality refuses to address an officer’s known use of excessive force
- When a city, county, or state repeatedly fails to provide necessary medical care or medications to inmates in its jails
- When a city fails to train officers properly and this leads to preventable injuries, shootings, and the use of excessive force during arrests
- When a high-speed police chase causes an accident and injuries to innocent parties
A knowledgeable Monell claim lawyer can assess your case to determine if the circumstances might support this type of legal action. Our attorneys provide a free, confidential consultation.
What Are the Elements of a Monell Claim?
To win a case and hold parties liable under the Monell decision, you must successfully demonstrate four elements:
A Harmful Policy or Custom Exists
The entity in question has an unconstitutional policy or custom.
Deprivation of Your Federal Rights
One of your constitutional rights was violated in some way.
The Policy or Custom Led to the Injury
That policy or custom caused the violation of your rights and caused you harm.
The Government Entity Holds Liability
The entity in question—often an agency, department, city, or county—is at fault for the incident when you suffered harm.
Click to contact our personal injury lawyers today
What Does the Monell Doctrine Have to Do With Police Pursuits?
High-speed police chases are dangerous not only for participating officers and the fugitives they pursue but also for innocent individuals and families sharing the roads and living in the communities where they occur. All too often, the injured parties in a police chase crash are innocent bystanders.
Fatal police pursuits that leave victims with serious and catastrophic injuries raise serious questions about how local law enforcement handles these cases, police practices, and accountability. Many agencies now have a no-chase policy, for example.
A Monell claim may be necessary to hold an officer, department, and municipality accountable and fight for them to change their policies related to pursuits. This is especially true when a department’s policy is to catch a suspect, no matter the cost, or when the agency does not have a policy in place to address high-speed chases.
So What Happens If Your Car Gets Hit in a Police Chase?
If your car is hit during a police chase and you suffer injuries, you may want to discuss your legal options with someone familiar with claims based on Monell liability. It may be possible to use a Monell claim to recover compensation, hold the at-fault parties accountable, and initiate change in how the involved law enforcement agency manages pursuits.
Complete a Free Case Evaluation form now
How Can a Lawyer Help Me Build a Monell Case?
Building a compelling case to support a Monell claim is not easy. You will want to work with an attorney who handles these cases frequently and has experience managing this process.
Meeting the elements of a Monell claim is not easy. A police chase crash claim is often based on the Fourth or Fourteenth Amendments, but proving the police violated one of these rights and that the accident injuries were foreseeable is challenging. This also requires us to dig deep into the at-fault entity’s policies and actions or inaction in similar situations.
Your lawyer will need to support your Monell case with extensive evidence of the policies and practices that caused your injuries. This could require:
- Uncovering a history of similar injuries
- Documenting that the department failed to prevent the incident
- Closely reviewing all related police policies
- Obtaining and analyzing training materials
- Reviewing records related to the incident
- Taking depositions from eyewitnesses
- Working with knowledgeable law enforcement officials and other experts
- Obtaining video of the accident or incident
- Requesting your relevant medical records
- Documenting the injuries and damages you suffered
Monell claims are difficult to navigate and challenging to litigate. Adequately meeting the elements to show Monell liability is complex. If you were hurt in a police chase, you should speak to an experienced lawyer who knows how to handle civil rights litigation under the Monell decision.
Discuss Your Police Chase Accident and Injuries With Our Team
Jenner Law provides free consultations for those hurt in police chase crashes. Our Monell claim lawyers know how to assess these cases and pursue justice on your behalf. Contact us today to get started.
Call or text (888) 585-2188 or complete a Free Case Evaluation form