Monell v. Department of Social Services was a 1978 U.S. Supreme Court decision. The Monell decision allows individuals to hold local governments and agencies responsible for constitutional violations caused by their policies and customs.
A Monell claim lawyer can help you understand if you have a potential case based on the Monell doctrine. Most provide free consultations for those injured due to police excessive force, a high-speed police chase, or other similar circumstances.
What Was Monell v. Department of Social Services About?
Monell v. Department of Social Services expanded who could be held liable under 42 U.S. Code § 1983. The Monell decision allows victims harmed to sue a local government for any constitutional violations due to the entity’s policies, procedures, or customs.
Today, this decision is considered critical in civil rights litigation. Among other purposes, it allows individuals and communities to address systemic issues within police departments and other law enforcement agencies.
What Was the Monell Case About?
Monell v. Department of Social Services of the City of New York centered on a policy that required pregnant workers to take unpaid leave early in their pregnancy, long before it was medically necessary. A teacher, Jane Monell, sued the school system to change the unconstitutional policy and seek backpay for herself and other teachers who missed income because of this policy.
On the surface, this decision does not seem to have much to do with poor police practices, excessive force, and deadly police pursuits. However, this law is crucial for holding agencies, municipalities, and other entities responsible for these actions.
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How Does the Monell Decision Affect Law Enforcement?
Police and other law enforcement officers must make serious, immediate, and crucial decisions daily. They must rely on their training, department policies, and sound judgment to make the best choice. This is especially true when it comes to how to apprehend a suspect, pursue a fleeing suspect, and make difficult arrests.
When an officer or department has a history of using excessive force, unnecessarily continuing police pursuits through heavily trafficked areas, or otherwise violating individuals’ constitutional rights, Monell allows victims to pursue a case against the municipality to receive:
- Compensation for their injuries and other losses
- Additional damages for the violation of their constitutional rights
- A change in the related policies and customs
The goal is to have effective law enforcement practices that also protect individuals’ civil rights. This is only possible when individuals and communities have the opportunity to challenge policies, procedures, and customs, enacting change when necessary. In this way, Monell claims provide a path to address systemic problems within police departments.
What Are the Necessary Elements in Monell Liability Claims?
To file a successful Monell claim, you must have strong evidence to meet the strict elements of these cases. This includes:
- A harmful policy or practice exists
- Your federal rights were violated
- This policy led to the violation of your constitutional rights and injury
- The municipality oversaw the policy that violated your rights
Some examples of possible Monell liability cases against police and municipalities include:
- When a hazardous police pursuit causes a collision and injuries
- When one or more officers have a history of unchecked excessive force
- When poor policies lead to repeated officer-involved shootings or injuries
- When a jail refuses to provide necessary medical care or medication to detainees
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How Can a Monell Claim Lawyer Help Me Navigate the Legal Process?
Not all personal injury lawyers know how to manage cases based on the Monell decision. The strict elements of these cases make it necessary to have a strong understanding of constitutional rights, local police policies, and how the two can affect one another.
A Monell claim lawyer can identify the federal rights violation, show the injury was a predictable result of the policies in place, and take other steps to build a compelling case. Litigating these cases is challenging, particularly because of the necessary depth of the discovery process. Building this type of case with an inexperienced lawyer or on your own would be difficult or impossible. Some of the evidence used to support these cases include:
- Documentation of similar incidents and injuries
- A thorough review of all related training materials, policies, and customs
- Depositions from eyewitnesses, including any involved victims and officers
- Testimony from law enforcement experts
- Video of the incident, when available
- Your relevant medical records
- Bills, receipts, expert testimony, and other documentation of your damages
The Monell doctrine not only provides a way to hold the at-fault municipality responsible for your injuries after a police chase or another similar incident, but it also lets you challenge the policies and customs that allowed it to occur. However, this type of civil rights litigation is complex. You want an attorney who understands what it takes to win.
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What Happens If a Police Car Hits You During a Chase?
When an accident occurs because of a high-speed police chase, there is typically more at stake than in most other collisions. These pursuits often exceed the posted speed limits and involve law enforcement officers violating other rules of the road. All too often, collisions occur and hurt innocent bystanders.
Especially after deadly police chases, there are often many questions about police practices and accountability for these departments. Many agencies and municipalities have adopted a police no-pursuit policy. However, many still engage in high-speed chases or refuse to create safer policies.
So, who pays for a crash caused by a police chase? A Monell claim could hold the agency, city, or county legally responsible. Unlike other civil cases, Monell liability is about more than compensation. These cases also allow you to hold the at-fault entity liable and potentially affect changes in law enforcement policy, procedures, and customs.
Discuss Your Police Chase Injuries With Our Team for Free
Jenner Law provides free consultations for victims hurt in high-speed police chases. Our Monell claim lawyers can assess your case and discuss your options with you during a complimentary case review with our team. Let us determine your next steps and how we can help you get justice.
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