Suing the City, Not Just the Officer.

Individual officers can claim qualified immunity. Municipalities cannot. Under Monell v. Department of Social Services, 436 U.S. 658 (1978), a city or county can be sued directly under 42 U.S.C. § 1983 when the constitutional violation was caused by:

1. An official municipal policy
2. A widespread custom or practice
3. A decision by a final policymaker
4. A failure to train or supervise that amounts to deliberate indifference

Monell claims bypass the qualified immunity defense entirely and target the entity with the resources to pay a judgment — the city, county, or municipality itself.

• Jail Medical Care: The county contracts with a private medical company that provides inadequate staffing, fails to implement withdrawal protocols, or delays emergency care — and the county knows but continues the contract.
• Excessive Force: The police department has a pattern of excessive force complaints that are not investigated, officers are not disciplined, and the department takes no corrective action.
• Cell Check Failures: The jail has a history of missed or falsified cell checks, and the administration has not implemented electronic verification systems or disciplinary consequences.
• Suicide Prevention: The jail fails to implement required suicide screening at booking, does not provide mental health training to guards, and has experienced previous inmate suicides without changing its practices.