Introduction
Any for responsibilities and rights are handled exclusively by the municipal liability officials. The municipal liability refers to as the liabilities that are civil and are placed on local municipal government, state government, corporations or cities for damages caused on property belonging to the public. It is the duty of all employees and officials in any state, city, and town of local government to ensure that the incoming visitors and locals or residents of that particular area are protected from any danger and harm when making use of public infrastructure. These infrastructures include public transportation, government buildings, parks, sidewalks, public health centers, swimming pools, highways, and streets. Therefore, in the case of injuries acquired in within the mentioned areas out of ignorance and negligence of the people in charge, the victims have a right to sue the municipal council and at the same time acquire a municipal liability attorney (Fontana, 2006).
‘ Policy Makers’ in Establishing Municipal Liability
According to the United States of America Supreme Court, the legislators or officials and individuals responsible for making policies for the purpose of establishing municipal liability include local government elders, councilors, mayors and elected officials. In other words, employees of the municipal who are legible have a mandate in policy making as required by the law. On the contrary, the policies are and must be implemented according to the constitution that is governed and corrected through the Supreme Court. While the local governments are in charge of handling issues that concern municipal liability, it is the Supreme Court that makes final decisions on more complex matters according to the fundamental Monell's doctrines and the Supreme Court’s perspective on the fact that the municipals are not ‘persons.’
Delegate your assignment to our experts and they will do the rest.
The doctrine of ‘Failure to Train’
The ‘failure to train’ doctrine is the legal aspect where courts have the mandate to charge police officers with ‘deliberate indifference’ due to the lack of enough training and knowledge on handling matters that do not fit the ‘crime bracket.’ According to Matthew W. McNamara (2006), it is very vital and critical to ensuring that law enforcement officers have enough and the right knowledge through proper and efficient training in dealing with such situations.
Under this doctrine, a plaintiff can establish that a municipality is liable in case they fall victim of injury or their constitutional rights get violated in one way or the other due to lack of proper and adequate training.
Requirements for Holding a Municipality Liable for Actions of their Employees
According to the cases held against the municipality, many of the plaintiffs have had challenges proving that the municipality was liable causing very few cases being filed as lawsuits. Therefore, the district court put in place vital elements that would help provide evidence for the plaintiff. For instance, the plaintiff can showcase a deprived constitutional right caused by an enforced policy by the municipal. Secondly, the plaintiff can establish liability through the municipal’s use of illegal practices to make up a custom with the law. Finally, the plaintiff can establish liability in the case where an authorized policymaker is causing a constitutional damage alleged by the plaintiff.
Conclusion
The local government, cities, and towns have a mandate to safeguard their residents and visiting individuals incorporated in the municipality liability that focus on damages and injuries caused by municipal’s infrastructure. Law enforcement officers are obligated to have enough and proper training to avoid confrontation and ensure efficiency in handling non-criminal issues. Failure to train holds officers liable for injuries and damages caused to civilians. Therefore, the authorized heads of the law enforcers are encouraged to impact their officers with the necessary and crucial training.
References
Fontana, V. R. (2006). Municipal Liability: Law and Practice. Aspen Publishers Online.
McNamara, M. W. (2006, August 1). Legal Corner: Departmental Liability for Failure-to-Train . Retrieved January 20, 2017, from https://www.policeone.com/legal/articles/1665005-Legal-Corner-Departmental-Liability-for-Failure-to-Train/
