×
You have 2 more free articles available this month. Subscribe today.
Failure to Investigate Police Misconduct Establishes Municipal Liability
At 1205:
This Court has held municipalities liable under Monell when the plaintiffs have produced evidence of prior complaints sufficient to demonstrate that the municipalities and their officials ignored police misconduct....
... Evidence that a police department has failed to investigate previous incidents similar to the incident in question may support a finding that a municipal custom exists, and that such a custom encourages or allows officers to use excessive force without concern for punishment.
However, a single incident usually doesn't suffice to prove a municipal custom, and inadequate investigation of the current incident could not have caused the current incident. See: Mettler v. Whitledge, 165 F.3d 1197 (8th Cir. 1999).
This Court has held municipalities liable under Monell when the plaintiffs have produced evidence of prior complaints sufficient to demonstrate that the municipalities and their officials ignored police misconduct....
... Evidence that a police department has failed to investigate previous incidents similar to the incident in question may support a finding that a municipal custom exists, and that such a custom encourages or allows officers to use excessive force without concern for punishment.
However, a single incident usually doesn't suffice to prove a municipal custom, and inadequate investigation of the current incident could not have caused the current incident. See: Mettler v. Whitledge, 165 F.3d 1197 (8th Cir. 1999).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Mettler v. Whitledge
| Year | 1999 |
|---|---|
| Cite | 165 F.3d 1197 (8th Cir. 1999) |
| Level | Court of Appeals |