Never forget that interactions with the police are interactions with the government. Many times the employers of police officers give the orders and guide policy and practice. On the state level, those could be career bureaucrats. But many times on the city and county levels, those are usually politicians. And never forget that voters tend to elect politicians who are often incompetent, tyrannical, or even criminal. In this video you’ll see a citycouncilman who personally meddles in law enforcement activities for his friends, his family, as well as himself.
This morning a federal judge denied the motion to dismiss filed by Putnam County, who had asked the Court to dismiss the first of several lawsuits filed against Putnam County for a pattern and practice of illegal searches by their “Special Enforcement Unit,” who were caught on video searching the inside of my client Dustin Elswick’s home, which you may have seen on Youtube.
Usually in federal civil rights lawsuit, you are required to sue the individual government employee or officer who engaged in the violation. However, under the Supreme Court’s ruling in Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978), counties and cities (i.e., political subdivisions) may be sued directly when they have adopted some policy or practice which authorizes a constitutional violation against citizens by police officers. These are known as “Monell Claims” and they are very difficult to prove, generally. So they are pretty routinely dismissed. I’m happy this one wasn’t. Presumably the other two cases just like it will also be allowed to proceed…..
The Complaint’s other allegations include that PCC purposely established and operated the the SEU and knew of and condoned the SEU officers repeated constitutional violations. Id. ¶ 51. This alleges that the PCC was the “moving force” behind the constitutional violations where it deliberately created a unit of officers who did not comply with procedural safeguards and engaged in constitutional violations. See Bd. of Ctny. Comm’rs of Bryan Cnty. v. Brown, 520 U.S. 397, 404 (quoting Monell, 436 U.S. at 694).
Here’s the Court’s memorandum order and opinion allowing the case to proceed: