Monell liability is a key question when building a successful case based on the Monell doctrine. If you suffered injuries or financial harm and hope to hold a municipality or government agency responsible, you will want a Monell claim lawyer on your side.
These are complex cases, and many attorneys are unfamiliar with the elements necessary to hold a municipality liable for its poor policies and customs. These cases commonly occur after a high-speed police chase crash or law enforcement policy violates an individual’s civil rights.
Understanding the Monell Claim Elements a Claimant Must Show
In most Monell claims, the liability often falls on the municipality that oversees the government agency in question. For example, when a local officer causes a police chase crash, the lawsuit would most commonly target the city government. They set the policies, procedures, and customs that allowed for the police chase and can be responsible when a police pursuit causes an accident.
Monell claims are more than just another type of car accident claim, though. This is a crucial civil rights rule that allows individuals and communities to hold their local governments responsible for violations of constitutional rights, in certain cases.
To recover compensation through a Monell claim, plaintiffs in these cases must clearly show all the Monell claim elements were present in their case. This includes:
- There was an unconstitutional policy, procedure, or practice in place.
- A violation of a federal right occurred.
- The policy or custom led to the violation of rights.
- The victim suffered physical, emotional, or financial harm.
Using the high-speed police pursuit example, many victims of these crashes are left wondering, “What happens if your car gets hit and you are injured in a police chase?” While many departments have a police no-pursuit policy, others still participate in dangerous and unnecessary police chases. This could violate one or more constitutional rights for both the suspect being pursued and any innocent parties caught in a related crash.
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What Is the Basis of the Monell Doctrine?
The Monell doctrine comes from a 1978 U.S. Supreme Court decision. Monell v. Department of Social Services of the City of New York was a case filed by a pregnant teacher in New York City who was forced to take unpaid leave before it was medically necessary. She attempted to hold the local government accountable for her financial losses under 42 U.S. Code § 1983.
However, the courts initially denied this, saying municipal entities could not be held liable in these cases. However, the Supreme Court decision changed this. It provided a way for individuals and communities to call attention to systemic issues with city and county governments.
The plaintiff in this case was not only able to secure backpay, but her case changed the city’s policy on leave during pregnancy and secured backpay for many other teachers.
How Does the Monell Decision Apply in Policing?
Monell claims provide a way for victims hurt by police officer misconduct to hold the agency and municipality accountable. It also requires these entities to closely examine their harmful and unconstitutional policies and customs, providing redress for the individuals hurt and the community as a whole.
There is no doubt that law enforcement officers must make difficult decisions every day. They must balance the need to provide effective law enforcement, capture suspects, and protect the civil rights of all individuals. The policies and procedures that guide these decisions must support and steer the decision that is best for those who live in their community.
Who Pays If Your Car Is Hit and You Are Injured During a Police Pursuit?
Who pays if a police pursuit leads to injuries depends greatly on the circumstances. However, this is a common basis for a Monell claim.
The best way to learn about your options is to discuss your case with a Monell claim or civil rights lawyer familiar with personal injury cases.
Frequently, high-speed police chases cause collisions and injuries to innocent bystanders, including occupants of other cars, pedestrians, bicyclists, and property owners. This should call into question the constitutionality of the practices and policies of the agency involved.
While many cities have a no-chase policy to prevent serious and fatal police chases, others should be held accountable for their unconstitutional pursuit policies. This may only be possible through a Monell claim.
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How Can a Monell Case Attorney Help With My Injuries?
Building a Monell case is more complex than most car accident claims. While you must still show what caused the accident and the role each party played, you must also provide evidence to show the Monell claim elements.
This requires a more in-depth investigation by someone with knowledge, experience, and resources. This is something many law firms do not possess, so it is difficult or impossible for a victim with no legal experience to successfully build a case on their own.
Some of the steps your Monell case lawyer will need to take to develop a strong argument based on this doctrine include:
- Documenting a history of similar events, such as previous unnecessary police chase injuries
- Showing the federal rights violated by the incident, possibly the Fourth or Fourteenth Amendments in a police chase crash
- Reviewing the police department’s policies and customs
- Obtaining and analyzing all available training materials
- Working with police policy experts
- Taking depositions from police officers and officials
- Identifying and preserving video of the incident
- Interviewing eyewitnesses
When a personal injury lawyer takes on a Monell case, they know that the outcome of this civil rights litigation could affect much more than the client they represent. This makes the strength of their case crucial. These investigations take time, experience, and resources most individuals will not possess.
Other Types of Monell Claim Cases
The Monell doctrine creates a pathway for communities to press their local leaders to change policies and stop violating the constitutional rights of residents. This goes beyond police chase crashes. Other incidents that might support a Monell claim include:
- Officers with a history of using excessive force
- Failure to train officers to use de-escalation techniques to protect suspects
- An agency with several avoidable officer-involved shootings
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Discuss Your Case With a Monell Claim Lawyer Today
Jenner Law provides free, confidential case evaluations for those hurt by local law enforcement or injured in a high-speed police chase. Contact us today to learn how we can help you get justice.
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