A Monell Claim is a claim against a municipality based on either a failure to train or a failure to supervise. The claim is based on a case called Monell v. Department of Social Services of the City of New York, which is cited at 436 U.S. 658 (1978).

An example of failure to train would be having a policy that allowed police to use an unreasonable amount of force against arrestees or a policy of going into citizens homes’ without a warrant. If the plaintiff can show the policy of the police department is to actively violate a constitutionally protected right under 1983, then a Monell claim for failure to train exists.

Another example of failure to train is where the local prison does not have a proper method for computing time credit for prisoners. As a result, a prisoner remains in custody beyond his statutory maximum, which shows a failure to train.

An example of failure to supervise is when the officer being sued has a long history of founded complaints of police brutality or other types of founded complaints and the police force has kept the person on the job. This is a clear showing that the police force did not supervise the officer properly. An example is when an officer tases someone in a routine arrest and has 16 complaints of excessive force with a taser, 10 of which were founded complaints

While the police claim the taser is non-deadly force, too often are people permanently injury as a result of tasing.

There are two ways for police to use a taser. First, the police fire it like a gun and metal wires fly through the air, hit the victim, and an electrical shock goes through the wire to the person. The second type of tasering is when it is held directly up to the skin of the person. In a direct stun, two pieces of metal prongs from the taser touch the human body and the electrical pulse goes directly from the taser to the person’s body.

Taser cases are unique in that some people have almost no injury from being tasered, while other people are severely injured from the taser. Injuries include brain dysfunction and impairment, memory loss, permanent nuerological disability, seizures, skin burns, injury as a result of a fall onto the ground, coma, etc. Also, sometimes the the device malfunctions, causing a greater amount of electricity to pulse through the body of the victim. In taser malfunction cases, the manufacturer of the device may also be liable for your injuries.

When you need a Philadelphia taser lawyer to represent you or a loved one because of injury they suffered from a taser, contact Brian J. Zeiger, Esquire, because he represents every client with a zealous intensity that is unrivaled to get the best results for his clients in every case.

Wrongful death cases occur in various types of personal injury cases. However, wrongful death cases in the civil rights arena are some of the most shocking and upsetting cases in our society. In the civil rights cases, we see wrongful death cases in police brutality cases with excessive force, prisoners right’s cases where the inmate dies from abuse or suicide, or overly aggressive taser abuse or taser malfunction.

Our civil rights lawyers understand wrongful death cases and while they cannot bring back your loved one, our attorneys can help you make a financial recovery to attempt to provide for the family and the children of the decedent. We have seen cases where police slam their car into victims, shoot people in the back as they are running away, and tasing a victim until their skin was set afire. We understand your families grief and can get you help now. Wrongful death cases are some of the most atrocious personal injury cases.

We have have also encountered horrific prison medical malpractice cases where the inmate is given the wrong medication or no medication at all. In these cases, not only may there be a personal injury case for medical malpractice, but a civil rights matter as well. These cases can lead to wrongful death and are among the most serious prisoners’ rights cases.

Sexual assault cases are often the most grotesque and shocking of all civil rights claims. Sexual assault civil rights cases are broken into two categories: force and coercion. Sexual assault by force is rape—plain and simple. In these case the person is a rape victim like in any other rape case, except, the perpetrator is the law enforcement official.

The second type of the sexual assault is where the person in power is blackmailing or coercing the victim to have sexual relations to garner favor. An example of this type of case is where a 17 year old is at a juvenile placement facility and is attempting to earn a home pass, which is a pass that allows the child to leave the facility for the weekend to improve readjustment when the child returns home. Most children at the facilities greatly desire home passes. One of the counselors tells the child that if they do not perform sexually for the counselor, they will ensure the child never receives a home pass. As a result, the child is forced to perform oral sex on the counselor.

These cases are all outrageous. Our civil rights attorneys have experience in these case and can make a recovery for you.