Monell Civil Rights Claims
Certain Civil Rights violations by police or those acting under the color of state law may allow you to pursue a civil action against these violators. The most common form of Civil Rights violations include violations of the 4th Amendment (such as excessive force) or unnecessary use of force by police (assault and battery). These actions are allowed under Federal Law through the use of a statute – Section 1983.
A “Monell” civil rights claim is unique in that it directly goes after an office or an entire government department as opposed to individual actors. For example, if a police department itself has a policy or custom that infringes on your civil rights, and your rights are violated, you may be entitled to pursue a Monell claim against them.
A Monell civil rights claim refers to a legal action brought under Section 1983 of the Civil Rights Act against a local government or municipality for constitutional violations. The basis of such a claim is that the alleged constitutional harm resulted from an official policy, custom, or usage of the governmental body. This doctrine was established by the United States Supreme Court in Monell v. Department of Social Services, where it was determined that local governments could be held liable for civil rights violations if the unconstitutional action was taken pursuant to an official policy or custom. Vasquez v. Berks Cnty., 279 A.3d 59; Davis v. City of Philadelphia, 168 Pa. Commw. 334; Scott v. Willis, 116 Pa. Commw. 327.
To succeed in a Monell claim, a plaintiff must demonstrate that the constitutional deprivation was caused by a policy, regulation, statement, ordinance, or a custom that was officially adopted and promulgated by the local government’s officers. Importantly, it is not sufficient to show that the harm was caused by an individual employee or agent of the government; there must be a direct link to a governmental policy or custom. The policy or custom must be shown to be the "moving force" or cause behind the constitutional violation. So, if a state actor violated your rights pursuant to an official policy or custom, a Monell claim could be created. Vasquez v. Berks Cnty., 279 A.3d 59; Davis v. City of Philadelphia, 168 Pa. Commw. 334; Scott v. Willis, 116 Pa. Commw. 327.
In Pennsylvania, as in other jurisdictions, Monell claims are subject to the same requirements and must be supported by evidence that the local government entity had a policy or custom that led to the alleged constitutional violation. Civil rights claims are generally trickier than other claims, but are important parts of preserving our Constitutional Rights.
