Municipal liability investigations

Under Monell v. Department of Social Services (1978), a city or county can be held liable under Section 1983 only when its own policy or custom caused the violation. City of Canton v. Harris (1989) extends this to failures to train that amount to deliberate indifference. Because municipalities cannot claim qualified immunity, a well-supported Monell claim can be the strongest part of a case.

What an investigation looks for

• Prior incidents similar enough to show a custom
• Written policies, and whether they were followed in practice
• Training provided to the officers involved, and what it omitted
• What policymakers knew, and their response to earlier complaints

How these cases are investigated

In municipal liability cases, the work most often involves pattern and practice evidence, officer and agency background research, public records requests, and litigation support. What a particular case needs depends on what evidence already exists and what is at risk of being lost.

Nationwide, and civil rights only

Civil Rights PI works only on civil rights matters, including municipal liability cases, and accepts investigations in every state. Findings are delivered in a written report, with the source of every fact, for use by you and your attorney.