Municipal Liability
In any city or county, including those across Los Angeles and Southern California, the local government is responsible for adequately training officers and deputies. Their policies must always adhere to the Constitution. There are several types of municipal liability under a Section 1983 Monell claim.
Unconstitutional Policy
When a police department or sheriff’s department - whether in Los Angeles, elsewhere in Southern California, or in any part of the country - maintains an unconstitutional custom, practice, or policy, they may be held accountable for their officers’ and deputies’ excessive force or misconduct. Sometimes, an officer may use excessive force because the department maintains a policy allowing such force. Other times, the department may have a custom of ignoring their officers’ misconduct, thereby indirectly condoning the use of excessive force.
Ratification of an Officer's Unconstitutional Action
Whether in Los Angeles, Southern California, or elsewhere, a City or County can be held liable for the violations of your civil rights if a high-ranking policymaker knowingly and deliberately approves or ratifies an officer's unconstitutional action. This ratification can take the form of an explicit press release or even promotion or commendation of officers after they have used excessive force on a citizen.
Failure to Train
Local governments, including those in Los Angeles and throughout Southern California, can be held accountable for failure to adequately train or supervise their officers. Policymakers can be held responsible if they were aware that officers needed training and chose to ignore the risk of constitutional harm posed by this lack of training. Regardless of where they serve, officers must receive adequate training and guidance to handle the usual and recurring situations they encounter.
Frequently Asked Questions
What is a “Section 1983” lawsuit?
Section 1983, a part of the Civil Rights Act of 1871, serves as the legal pathway for citizens to initiate a civil lawsuit if their civil rights have been violated. It permits you to bring a civil action against a state or local official, including police, county sheriffs, prison guards, and even the cities or municipalities that employ them. However, Section 1983 doesn't apply to private citizens acting without a government connection, nor federal government employees. If your constitutional rights have been violated, our attorneys at the Law Offices of Dale K. Galipo can provide consultation and discuss the best legal course of action.
Can you win against the police?
Absolutely! While it may seem daunting to take on a case against the police, it's important to remember that the law is designed to protect every citizen's rights, including yours. Our firm, armed with experience and a deep commitment to justice, specializes in handling such cases. We work diligently to gather compelling evidence and present a persuasive argument on your behalf. Our mission is to hold those who violate the law accountable, regardless of their position. With us, winning against the police isn't just a possibility, it's a goal we strive to achieve for our clients.
How do I sue my local police department?
To sue your local police department, you'll generally need to demonstrate they acted unlawfully or violated your rights. You should gather all relevant evidence, such as video footage, photographs, medical records, and witness testimonies. Hiring an experienced attorney who specializes in police misconduct or civil rights can significantly help navigate the complexities of your case.
Who is responsible for adequately training officers and deputies?
The City or County is responsible for ensuring that officers and deputies receive adequate training. Their training and operational policies must always be in accordance with the Constitution.
What is a Section 1983 Monell claim?
A Section 1983 Monell claim refers to a type of municipal liability where a city or county can be held accountable for the constitutional violations of its employees, such as police officers or sheriff’s deputies. There are several types of municipal liability under a Section 1983 Monell claim, including an unconstitutional policy, ratification of an officer's unconstitutional action, and failure to train.
What is an Unconstitutional Policy?
An unconstitutional policy refers to a situation where a police or sheriff’s department maintains a custom, practice, or policy that violates the Constitution. If this policy leads to an officer or deputy using excessive force or committing misconduct, the department may be held responsible.
What does Ratification of an Officer's Unconstitutional Action mean?
Ratification of an officer's unconstitutional action refers to a situation where a high-ranking policymaker approves or endorses an officer's action that violates the Constitution. If this approval is based on full knowledge and deliberate choice, the City or County can be held liable for the violation of your civil rights.
What constitutes Failure to Train?
Failure to train refers to a scenario where local governments fail to provide adequate training or supervision to their officers, resulting in violations of constitutional rights. If the municipal policymakers were aware of the need for training and deliberately ignored it, they could be held accountable. Officers must receive appropriate training and guidelines to handle the usual and recurring situations they encounter.
Contact Us
Reach out to us if you've been harmed by police misconduct in Los Angeles. When you or a loved one has suffered undue harm or mistreatment at the hands of a police officer in Southern California, remember, you have the right to justice. Don't let intimidation stand in your way. Rely on the seasoned police misconduct attorneys at the Law Offices of Dale K. Galipo in Los Angeles to offer the guidance and representation your case warrants. We're here to hear your account and provide an assessment of your legal avenues. Contact us at (818) 347-3333 or fill out our contact form now.