A municipality is liable only where an official policy, custom, or practice caused the violation. Respondeat superior does not apply, so employing the violating officer is insufficient.
Failure to train and ratification are recognized theories.
Alternative Names:
Municipal Liability Claim|Entity Liability Claim
Why it Matters?
The absence of respondeat superior is the defense's foundation, since establishing an officer's violation does not reach the entity without separately proving a policy or custom caused it. Plaintiffs frequently plead Monell claims without identifying a specific policy, which supports early dismissal. Bifurcating the Monell claim from individual liability is also frequently available and defers costly policy discovery until the predicate violation is established.
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Frequently asked questions
What is the defense's foundation?
What procedural tool defers cost?
