California Municipal Liability Attorney
In Los Angeles and throughout Southern California, the local government must ensure that their police officers and sheriff’s deputies are well-trained. When training police officers in their jurisdiction, their policies must adhere to the Constitution. This is their responsibility, and failure to do so can make them liable after police misconduct or an officer-involved shooting.
At the Law Offices of Dale K. Galipo, we will investigate all aspects of your case to identify all liable parties, including police and sheriff departments in that city or county. Our attorneys will review policies and procedures to determine if an unconstitutional policy in that department violated the Constitution. If that policy leads to an officer or deputy using excessive force or committing misconduct, we will hold that department accountable.
What is Municipal Liability?
Municipal liability refers to the legal responsibility of a local government, typically a city or county, for the actions and conduct of its employees, particularly law enforcement officers and officials, in cases where those actions result in civil rights violations or harm to individuals. It is a crucial aspect of the legal framework in the United States, rooted in federal law, and primarily governed by Section 1983 of Title 42 of the U.S. Code
Types of Municipal Liabilities Under a Section 1983 Monell Claim
Section 1983, a part of the Civil Rights Act of 1871, allows citizens to file 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, correctional officers, and even the cities or municipalities that employ them. Police misconduct, use of excessive force, police shootings, and use of excessive restraint are common cases where a Section 1983 Monell Claim may apply.
There are several types of municipal liability under a Section 1983 Monell claim.
Unconstitutional Policies
When examining the operations of a police department or sheriff’s office, our attorneys will look for unconstitutional policies. If these law enforcement agencies maintain customs, practices, or policies that go against the Constitution, we can hold them accountable for the actions of their officers and deputies.
Sometimes, police officers resort to excessive force simply because the department has policies allowing such actions. In other cases, a department might turn a blind eye to misconduct, indirectly endorsing the use of excessive force.
Ratification of an Officer’s Unconstitutional Action
A City or County in Southern California can also face liability for violating your rights. If high-ranking officials knowingly and deliberately approve or ratify an officer’s unconstitutional actions, we will work tirelessly to hold them responsible. This ratification can manifest in various forms, such as explicit press releases or even promotions and commendations for officers who have used excessive force against citizens. It’s a direct endorsement of actions that breach constitutional rights.
Failure to Train
Local governments in Los Angeles and Southern California must train and supervise their officers and departments. Policymakers can be held responsible if someone gets hurt because their officers were improperly trained. Regardless of the specific jurisdiction they serve, officers must receive comprehensive training and guidance to navigate the typical and recurring situations they encounter. This is increasingly important as more and more police officers resort to excessive force in situations that do not require such actions.
We Can Hold Municipal Entities Liable After Police Misconduct
Our civil rights attorneys know how to build strong cases for our clients who’ve suffered harm due to police misconduct. From the very start, we will gather evidence to support your case, including eyewitness accounts, police reports, body camera footage, and any available records related to the incident. We may also depose witnesses and experts and request documents from the municipality to establish a pattern of misconduct or negligence.
Our police misconduct lawyers know that municipalities in California often employ various strategies to avoid liability in cases of alleged police misconduct or civil rights violations. We also know how to go up against these defenses and win for our clients.
One key legal defense that municipalities often use is qualified immunity. This doctrine protects government officials, including law enforcement officers, from personal liability when performing their duties, provided their actions do not violate established constitutional rights. It can be challenging to overcome qualified immunity, but our attorneys know how to build a case that shows that the officer’s actions were a clear violation of established law.
Municipalities may also argue that the alleged misconduct was the result of a rogue officer’s actions and not a result of an official custom or policy. To hold a municipality liable under Section 1983, our attorneys will demonstrate that the misconduct resulted from an official policy or custom.
Municipalities may contend that the police officer was acting within the scope of their duty and following established protocols. They may argue that the officer’s actions were reasonable given the circumstances, and therefore, the municipality should not be held responsible for the officer’s conduct.
We know how to fight back against these defenses, and our track record of success fighting against municipalities in Southern California speaks for itself. We’ve won millions for our clients in cases against large Cities and Counties like Los Angeles, Sacramento, San Bernardino County, Orange County, and Anaheim.
Contact Our Los Angeles Municipal Liability Attorneys Today
If you or someone you love suffered harm due to police misconduct in California, you need a strong legal advocate on your side. You do not have to go up against large City and County governments alone. At the Law Offices of Dale K. Galipo, we will stand by your side as you seek justice. Our attorneys believe that no one is above the law, and we work tirelessly to hold police officers and law enforcement agencies accountable.
We have helped victims and families of police misconduct throughout Southern California, including San Diego, Riverside, Los Angeles, Santa Ana, and Long Beach, or within counties such as Ventura, Orange County, and San Bernardino. We can help you, too, if you call us today. Call (818) 347-3333 or fill out our confidential contact form to speak to someone at our office. Together, we can seek justice.