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Monell Claims

The majority of civil rights violations are committed by individual officers.

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What Is a Monell Claim?

Suing the Municipality, Not Just the Officer

The majority of civil rights violations are committed by individual officers. However, our law also allows the municipal entity to be brought into the suit under certain circumstances.

That matters because the officer is rarely the whole story. Where a policy, a practice or a failure to train made the violation possible, the town itself can be answerable for it.

A Monell claim usually runs alongside the underlying civil rights claim — an excessive force, false arrest or failure to intervene case against the officers involved.

Call 201-420-1913 to request a free consultation.

Municipal Liability

Four Theories of Monell Liability

Generally, there are four distinct theories under which a municipality may be liable in a civil rights case.

An Official Policy

A municipality may be liable if it can be shown that it has adopted or promulgated a policy associated with the violation.

A Custom or Practice

A municipality may be liable if there is a custom or practice that is not written or adopted, but that is a pervasive, long-standing practice that has the force of law.

Failure to Train or Supervise

A municipality may be held liable if they fail to adequately train, supervise, discipline or screen officers.

The Act of a Policymaker

A municipality may be held liable based on particular acts, decisions, and situations of a policymaker.

Why It Takes Work

Holding a Municipality Responsible

Successfully prosecuting a claim against a municipality under the theory of Monell liability is a very technical fact intensive exercise.

Proving a policy, a custom or a training failure means going well past the incident itself — into records, patterns and what the town knew before it happened.

At The Law Offices of Joel Silberman, LLC one of our primary goals is to ensure that municipalities are held responsible for the unlawful acts of their officers.

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In Their Words

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Disclaimer: “Results may vary depending on your particular facts and legal circumstances.”

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Were Your Civil Rights Violated?

If you believe that you or a loved one’s civil rights have been violated, The Law Offices of Joel Silberman, LLC can help you to pursue the justice you deserve. Call us at 201-420-1913 or email us at joel@joelsilbermanlaw.com for a free consultation.